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Insurable Interest and the Law
by Franziska Arnold-DwyerThis book assesses the role of the doctrine of insurable interest within modern insurance law by examining its rationales and suggesting how shortcomings could be fixed. Over the centuries, English law on insurable interest – a combination of statutes and case law – has become complex and unclear. Other jurisdictions have relaxed, or even abolished, the requirement for an insurable interest. Yet, the UK insurance industry has overwhelmingly supported the retention of the doctrine of insurable interest. This book explores whether the traditional justifications for the doctrine – the policy against wagering, the prevention of moral hazard and the doctrine’s relationship with the indemnity principle – still stand up to scrutiny and argues that, far from being obsolete, they have acquired new significance in the global financial markets and following the liberalisation of gambling. It is also argued that the doctrine of insurable interest is an integral part of a system of insurance contract law rules and market practice. Rather than rejecting the doctrine, the book recommends a recalibration of insurable interest to afford better pre-contractual transparency to a proposer as to the suitability of the policy to his or her interest in the subject-matter to be insured. Providing a powerful defence for the retention of insurable interest, this book will appeal to both academics and practitioners working in the field of insurance law.
The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law
by Malcolm Clarke Baris SoyerThe Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference for practitioners, insurance professionals and academics.
Insurance and Human Rights (AIDA Europe Research Series on Insurance Law and Regulation #5)
by Birgit Kuschke Margarida Lima RegoThis volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.
Insurance Class Actions in the United States
by Ingo Vogelsang Laura Zakaras Nicholas M. Pace Stephen J. CarrollClass actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.
Insurance, Climate Change and the Law (ISSN)
by Franziska Arnold-DwyerThe insurance industry has found itself at the front line of climate change challenges, providing insurance cover in relation to risks associated with climate change. As risk carriers, insurers pay claims for climate change related losses – such as property damage caused by windstorms, flooding, and wildfires – which have been increasing in frequency and severity.As major institutional investors, insurance companies invest in assets that may be increasingly vulnerable to climate risks. Insurance regulators across the globe have therefore started to require insurance companies to identify, manage, and report on climate change risks that could pose a threat to their financial stability. However, managing and reporting on the effect of climate risk on an insurer’s balance sheet is an inward-looking perspective that does not stem climate change. It needs to be paired with an outward-looking perspective that takes account of the insurance industry’s impact on the environment and the insurance industry’s capacity to influence what policyholders, investee enterprises, and other business partners do to address climate change challenges. For the insurance industry, the key components of positive outward impact are ‘impact underwriting’ and ‘impact investment.’ This book sets out the current legal and regulatory landscape for impact underwriting and impact investment. Whilst the focus of research and regulatory interventions to date has been on inward impact, in this book it will be argued that, to take positive climate action that supports the Paris Agreement goals and the national and international Net Zero targets, the debate should now move on to considering the positive outward impact the insurance industry can make and how we can create a legal environment to facilitate this.The book puts forward the case for a new vision of the role of the insurance industry as climate action enablers and makes proposals for insurance products and risk transfer and loss resilience structures that can support policyholders in their transition to a Net Zero economy. The audience for this book will include legal practitioners, insurance industry professionals, financial and insurance regulators, policymakers, and interested academics.
Insurance Disputes
by IAIN GOLDREIN; ROBERT MERKINWritten by an impressive team of specialist contributors, Insurance Dispute is the authoritative guide to litigation for both the insurer and the insured. Divided into two parts – principles of law and their practical use in individual types of insurance, it aims to identify and resolve questions such as: • How should the claimant handle a dispute? • Is the claim within the cover? • When should an insurer dispute cover? • What steps can an insurer take to deny cover? Updated and revised to include new chapters on marine insurance, the Financial Ombudsman Service and ATE insurance, Insurance Disputes is essential reading for anyone involved in insurance law and litigation.
Insurance Distribution Directive: A Legal Analysis (AIDA Europe Research Series on Insurance Law and Regulation #3)
by Kyriaki Noussia Pierpaolo MaranoThis open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD – e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences – while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.
Insurance Law: Cases and Materials (Third Edition)
by Roger C. HendersonThis Third Edition includes many new cases and notes, as well as a thorough revamping of a number of sections and chapters. For example, Chapter 2 now brings together materials on fundamental assumptions of insurance law. A new Chapter 3 brings together a variety of materials on both judicial and legislative regulation of the insurance business. The authors designed this edition towards three primary goals: (1) To impart an understanding of basic insurance law through the cases and notes; (2) To raise fairly debatable, provocative issues, which will involve students in legal analysis and resolution; (3) To inform students about basic insurance business practices, as well as some of the more practical problems faced by attorneys, judges, and insurance regulators in the real world. The overall aim is to impart a sound foundation in law and legal analysis, an understanding of the business of insurance, and an appreciation of the role of insurance in modern society. The book is designed for either a three- or four-hour course in insurance law, but through some judicious editing it may also be used in a two-unit course.
Insurance Law: Text and Materials
by Ray HodginFirst published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Insurance Law and the Financial Ombudsman Service (Lloyd's Insurance Law Library)
by Judith SummerInsurance Law and the Financial Ombudsman Service is an in depth look at the workings and insurance decisions of the Financial Ombudsman Service. The book analyses how the Ombudsman Service decides insurance cases and compares its approach to that of a court. This book sets out the rules, procedure and approach of the Ombudsman Service, succinctly summarises the relevant insurance law and compares and analyses it against a comprehensive review of material about insurance complaints gathered since the formation of the Ombudsman Service in 2001.
Insurance Law Implications of Delay in Maritime Transport (Contemporary Commercial Law)
by Aysegul BugraDelay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ayşegül Buğra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.
Insurance Law in China (Contemporary Commercial Law)
by Johanna Hjalmarsson Dingjing HuangThe Chinese insurance market is expanding enormously as risk adversity takes hold in the economy while the role of the State as guarantor of commerce is gradually reduced. In addition, insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. The book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. The combined effect of the papers is to present Chinese insurance law to an audience unfamiliar with Chinese law, in a readable and accessible essay chapter format. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.
Insurance Law: An Introduction (Practical Insurance Guides)
by Robert MerkinInsurance Law – An Introduction is essential reading and will provide you with a thorough understanding of all the main areas including motor, property, financial and marine insurance. The book contains the latest case law and best practice with reference to problem areas including fraudulent claims, third party rights against insurers and construing insurance terms. Comprehensive guidance on all key areas from the duty of utmost good faith to choice of law and jurisdictional issues is given by the leading legal experts in the insurance industry.
Insurance Regulation in the European Union
by Pierpaolo Marano Michele SiriThis book explores the profound transformation that has taken place in European insurance legislation since January 2016. Expert contributions discuss the changes that have taken place in the supervision of insurance and reinsurance undertakings through an economic risk-based approach. They outline the European insurance market before going on to show how Solvency II and Insurance Distribution Directive (IDD) are expected to generate significant benefits and have a positive impact on all parties involved in the insurance industry, the supervisory authorities and the insured. They also show how Solvency II is likely to benefit the economy as a whole, promoting more efficient allocation of capital and risk in a financial stability framework. This volume will be of interest to academics and researchers in the field of insurance regulation.
Insurance Settlements
by Ronald MillerInsurance Settlements Increase settlement values with this insider's guide to the insurance settlement process. Insurance Settlements opens long-locked doors to insurance claims departments, gathering the experience of more than 25 veteran claims managers, attorneys, medical experts, and adjusters. Discover in days what most plaintiffs' attorneys take years to learn. This book reveals how to: * Demonstrate to the adjuster that you know what you are doing * Determine when and what to say for maximum impact * How to help the adjuster sell your client's damages to his superiors * Draft effective demand letters * Evaluating soft tissue injuries * Break cases free from common logjams * Prove pain and suffering * Get realistic offers from adjusters * Counter common insurance settlement tactics * Value cases using traditional insurance company techniques * Obtain top dollar
Insurgent Citizenship: Disjunctions Of Democracy And Modernity In Brazil (In-formation Ser.)
by James Holston<P>Insurgent citizenships have arisen in cities around the world. <P>This book examines the insurgence of democratic citizenship in the urban peripheries of São Paulo, Brazil, its entanglement with entrenched systems of inequality, and its contradiction in violence.<P> James Holston argues that for two centuries Brazilians have practiced a type of citizenship all too common among nation-states--one that is universally inclusive in national membership and massively inegalitarian in distributing rights and in its legalization of social differences.<P> But since the 1970s, he shows, residents of Brazil's urban peripheries have formulated a new citizenship that is destabilizing the old.<P> Their mobilizations have developed not primarily through struggles of labor but through those of the city--particularly illegal residence, house building, and land conflict. <P>Yet precisely as Brazilians democratized urban space and achieved political democracy, violence, injustice, and impunity increased dramatically.<P> Based on comparative, ethnographic, and historical research, Insurgent Citizenship reveals why the insurgent and the entrenched remain dangerously conjoined as new kinds of citizens expand democracy even as new forms of violence and exclusion erode it.<P> Rather than view this paradox as evidence of democratic failure and urban chaos, Insurgent Citizenship argues that contradictory realizations of citizenship characterize all democracies--emerging and established. <P>Focusing on processes of city- and citizen-making now prevalent globally, it develops new approaches for understanding the contemporary course of democratic citizenship in societies of vastly different cultures and histories.
Insurgent Collective Action and Civil War in El Salvador
by Elisabeth Jean WoodWidespread support among rural people for the leftist insurgency during the civil war in El Salvador challenges conventional interpretations of collective action. Those who supplied tortillas, information, and other aid to guerillas took mortal risks and yet stood to gain no more than those who did not. Wood's rich tapestry of explanation is based on oral histories gathered from peasants who supported the insurgency and those who did not over a period of many years during and immediately following the war, and interviews with military commanders of both sides. Peasants supported the FMLN, Wood found, not for any material gain that was contingent on their participation, but rather for moral and emotional reasons. Wood's alternative model places emotions and morals, as well as conventional interests, at the heart of collective action.
Insuring the Air Transport Industry Against Aviation War and Terrorism Risks and Allied Perils
by Yaw Otu NyampongThis book explores the central problems underlying the insurance of aviation war and terrorism risks and associated perils. It critically analyses the reasons why conventional insurance markets are unwilling or unable to provide sustainable insurance coverage for aviation war and terrorism risks in the aftermath of catastrophic events such as the terrorist events of September 11, 2001. It also examines some of the prominent concepts proposed and/or implemented after 9/11 to determine whether and to what extent these concepts avoid identified pitfalls. Like many of life's essentials, the importance of insurance is most evident when it is not available. The sheer scale and magnitude of the insurance losses that followed 9/11 caused conventional insurance markets (which hitherto had been offering generous insurance coverage for aviation war and terrorism risks to air transport operators for little or no premium) to withdraw coverage forthwith. The ensuing absence or insufficiency of commercial insurance coverage for aviation war and terrorism risks has sparked a global search for viable and sustainable alternatives. Ten years have since elapsed, and despite numerous efforts, the fundamental problems remain unresolved. The book proceeds on the premise that the underlying issues are not entirely legal in nature; they have immense economic, psychological and policy implications that cannot be underestimated. A multidisciplinary approach is therefore used in examining the issues, drawing heavily upon analytical principles adapted from law and economics and behavioural law and economics. It is hoped that the resulting study will be beneficial not only to lawyers and those interested in aviation insurance but also to economists, air transport insurance program managers, capital market investors and governmental policymakers, both at the national and international levels.
Insurrection: Rebellion, Civil Rights, And The Paradoxical State Of Black Citizenship
by Hawa AllanA brilliant debut by lawyer and critic Hawa Allan on the paradoxical state of black citizenship in the United States. The little-known and under-studied 1807 Insurrection Act was passed to give the president the ability to deploy federal military forces to fend off lawlessness and rebellion, but it soon became much more than the sum of its parts. Its power is integrally linked to the perceived threat of black American equity in what lawyer and critic Hawa Allan demonstrates is a dangerous paradox. While the Act was initially used to repress rebellion against slavery, during Reconstruction it was invoked by President Grant to quell white-supremacist uprisings in the South. During the civil rights movement, it enabled the protection of black students who attended previously segregated educational institutions. Most recently, the Insurrection Act has been the vehicle for presidents to call upon federal troops to suppress so-called “race riots” like those in Los Angeles in 1992, and for them to threaten to do so in other cases of racial justice activism. Yet when the US Capitol was stormed in January 2021, the impulse to restore law and order and counter insurrectionary threats to the republic lay dormant. Allan’s distinctly literary voice underscores her paradigm-shifting reflections on the presence of fear and silence in history and their shadowy impact on the law. Throughout, she draws revealing insight from her own experiences as one of the only black girls in her leafy Long Island suburb, as a black lawyer at a predominantly white firm during a visit from presidential candidate Barack Obama, and as a thinker about the use and misuse of appeals to law and order. Elegant and profound, deeply researched and intensely felt, Insurrection is necessary reading in our reckoning with structural racism, government power, and protest in the United States.
InsurTech: A Legal and Regulatory View (AIDA Europe Research Series on Insurance Law and Regulation #1)
by Kyriaki Noussia Pierpaolo MaranoThis Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?” by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com.
Intangible Cultural Heritage, Sustainable Development and Intellectual Property: International and European Perspectives (Munich Studies on Innovation and Competition #18)
by Benedetta UbertazziThis book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.
Intangible Intangibles: Patent Law's Engagement with Dematerialised Subject Matter (Cambridge Intellectual Property and Information Law)
by null Brad ShermanThis book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.
An Integral Approach to Development Economics: Islamic Finance in an African Context (Transformation and Innovation)
by Basheer A. OshodiDeveloping economies such as those in sub-Saharan Africa are searching for realistic economic policy prescriptions. Despite economic growth in countries like Nigeria, poverty and unemployment blight the lives of many, in the midst of plenty. Simultaneously, much neo-classical economic thought is being questioned against the backdrop of global economic meltdown, giving rise to inquiry about more integral approaches to sustainable development. In An Integral Approach to Development Economics, Basheer Oshodi examines modernization theories, dependency theories, world system theories and emerging 21st century economic theories and links a neo-modern mix of economic thought with the practicalities of finance in parts of the World where poverty is rife. In a specifically African setting, over half of the population are Muslims, Oshodi considers Islamic finance in the context of the triple heritage of indigenous culture, Westernized Christianity, and Islam. He argues that the principles of Islamic banking and finance can be integrated with other elements of that heritage, focusing on meeting the challenges of poverty and unemployment. Islamic finance is not just a religiously-oriented, Sharia-compliant, alternative financial model. It can contribute to overall socio-economic transformation and a wider, people-centred approach to economic development. International organizations, financial institutions, reserve banks, policy makers, donor agencies and students will find resonance in this valuable addition to Gower’s Transformation and Innovation Series.
Integral Community: Political Economy to Social Commons (Transformation and Innovation)
by Ronnie LessemIntegral Community moves the transformation journey for enterprises and society on from the stages covered in earlier books in Gower's Transformation and Innovation Series, which describe a new macro-economic framework and which have examined alternative development with different local communities, bringing wide cultural perspectives to practical implementation of authentic or integral development. Here, the authors argue that there are two major fields of force prevailing in today's world. The one reflects our common heritage, whereby East and West, North and South are coming ever closer together - the global commons. The other reflects local and national singularity, where the notion of feeding off ancient local heritage and talent is key. They also identify four different culturally laden worldviews as Southern - humanistic, Eastern - holistic, Northern - rational, and Western - pragmatic. The enterprise and social innovation in Africa with which Lessem's co-authors are involved provides an object lesson in the sort of differentiation and integration needed in order to operate, socio-economically, with local identity and global integrity. It provides in this case a 'Southern' worldview background against which to examine communally based self-sufficiency; culturally based developmental economy; knowledge based social economy; and finally, the move towards what the authors describe as a living economy. All illustrated through a rural case, Chinyika, with which they have been intimately involved, whereby 100,000 have become self sufficient over the past five years. Integral Community should be read by academics and students of business, economics, development studies and agriculture, and by policy makers, particularly those concerned with the developing world in general and Africa in particular.
Integral Community Enterprise in Africa: Communitalism as an Alternative to Capitalism (Transformation and Innovation)
by Anselm AdodoAt a time of global economic crisis and disillusionment with capitalism, Adodo offers refreshing and positive insight into a more integral way of business management, enterprise and community development as well as holistic healing in Africa. For over three decades, Africa was the recipient of billions of dollars in aid funds that were meant to catapult the continent from undeveloped to developed status. Yet the more the aid poured in, the poorer African countries became. The devastating effect of western economic models in Africa that followed is well documented. Integral Community Enterprise in Africa exposes the limitations of existing theories, such as capitalism, socialism and communism, and shows how western theories were imposed on Africa. Such imposition of concepts and ideas is not only demeaning but also unsustainable, serving only the interest of the elite. Father Anselm Adodo argues for the need to have a southern theory to serve as an alternative to western theories. The majority of African intellectuals and activists, while criticizing existing theories, often do not provide alternative theories to address the prevalent inadequacies entrenched in conventional social, political and economic systems. This revolutionary book aims to address this lapse and proposes the theory of communitalism as a more indigenous, sustainable and integral approach to tackling the social, political, economic and developmental challenges of today’s Africa. There is an African alternative to capitalism, socialism and communism – a surer path to sustainable development in and from Africa. This is a book that is positioned at the very core of a much needed African Renaissance. A profoundly new approach to development in Africa, this is essential reading for anyone concerned with authentic development in Africa and in the world.