Global Business, Local Law: The Indian Legal System as a Communal Resource in Foreign Investment Relations (Globalization and Law)

This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life; and, by coordinating the differences that hold actors apart.Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actors. This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the'law-and-community'approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life and by coordinating the differences that hold actors apart. Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's'investment climate'discourse, which privileges the interests and values of foreign investors over those of other actors. Contents......Page 6 List of Figures and Tables......Page 8 List of Abbreviations......Page 10 Acknowledgements......Page 12 About the Author......Page 14 Local law......Page 16 ‘Seeking similarity, appreciating difference’......Page 19 What follows......Page 21 Relations of community......Page 24 Mutual interpersonal trust......Page 26 Legal mechanisms......Page 27 Dynamics......Page 33 The ‘shadow’ of investment climate discourse......Page 34 Summary......Page 45 Actors......Page 50 Legal system......Page 58 Civil society and foreign investment actors......Page 78 Foreign investment and government actors......Page 85 Government and civil society actors......Page 98 5 Gateways to Participation......Page 112 Administration......Page 113 Adjudication......Page 125 Administration......Page 134 Adjudication......Page 143 Theory......Page 158 Reality......Page 159 Where to?......Page 165 Bibliography......Page 168 Appendix......Page 190 C......Page 196 K......Page 197 R......Page 198 Y......Page 199 Establishing a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors, this book demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). List Of Abbreviations And Acronyms -- Introduction -- Law As A Communal Resource -- Introducing Bengaluru -- Expressions Of Trust -- Gateways To Participation -- Spaces For Coordination -- Conclusion Amanda Perry-kessaris. Includes Bibliographical References (p. [153]-173) And Index.