Law Reform in Developing and Transitional States 1st Edition by Tim Lindsey ISBN 0415378591 9780415378598

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ISBN 10: 0415378591 
ISBN 13: 9780415378598
Author: Tim Lindsey

Law reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book: examines examples of law reform projects in post-socialist and post-authoritarian states in Asia identifies common problems proposes analytical frameworks for understanding the problems identified. Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.

Law Reform in Developing and Transitional States 1st Table of contents:

Developing commonalities?
Legal transplantation as irritant
Rule of law
Beyond conditionality?
Bibliography and further reading
Glossary
Theoretical approaches
Legal infrastructure and governance reform in post-crisis Asia The case of Indonesia
Investment and legal sector reform
Governance and law
A contested consensus
Rule of law and the aims of economic legal infrastructure reform12
The Indonesian experience: system shift
State institutions
The judicial system (Sistem Peradilan)
The Satu Atap law
Other reform initiatives
Human rights
National human rights commission
Directorate general of human rights: DGHAM
Other state agencies
Attorney General’s Department (Kejaksaan Agung)
The Police (PolRI42)
SEKKAB – cabinet secretariat
The commissions
The National Law Commission (Komisi Hukum Nasional)
Ombudsman Commission
Business Competition Supervisory (anti-monopoly) Commission
Civil society
NGO attitudes
Private profession
Higher education
Lessons for legal infrastructure reform
Legal transplants and system difference
Gradualism
Judicial independence
Conclusion
Notes
Bibliography and further reading
Why law reform fails Indonesia’s anti-corruption reforms
Some basic issues of law reform
Corruption and social learning
Law reform and politics in twentieth-century Indonesia2
Politics
Institutional learning
The politics of reform
Conclusion
Notes
Bibliography and further reading
What kind of legal system is necessary for economic development? The China puzzle
The problem
Analysis
Contract rights and property rights
The idea of rights vs the idea of predictability
Reformulating the rights hypothesis
The China problem
Conclusion
Notes
Bibliography and further reading
The law reform olympics Measuring the effects of law reform in transition economies
Benchmarking law reform
Inducements to compete
Higher, stronger, faster12 – measuring law reform
The World Bank: progressing through regression analysis
Benchmarking legal competitiveness
Judicial efficiency? The Lex Mundi project
The USAID C-LIR project
Explicit goals and (un-)intended consequences
Practical implications
Notes
Bibliography and further reading
Law reform in developing countries
Structures of expectation, risks, and incentives
Risks and incentives
Risk and insecurity
Incentives
Patronage as governance: a case study of Indonesia
Rule of law as a basis for development
The meaning of rule of law
The rule of law ideal
Markets
Developed legal systems as infrastructure for invisible hands
Co-evolution of markets and legal systems
Demand
Difficult transitions
Rule of law as a result of pluralism
Substitutes for rule of law in development
A developmental conclusion: law and legal system reform
Whole systems efforts
The misdirected quest for political will
The misdiagnosis of legal systems
Supporting processes that may lead to rule of law
Notes
Bibliography and further reading
Case studies
Comparative law and legal transplants between socialist states An historical perspective
A note on definitions: legal culture
A note on method
Explaining the case study: similarities between systems
Differences between donor and recipient by 1976
Explaining the differences
Lessons from the Soviet: DRVN dialogue and development strategy
Notes
Bibliography and further reading
The collapse of the World Bank’s judicial reform project in Peru1
The judicial sector in Peru
Fujimori’s dismantling of the decrepit justice system
President Fujimori’s rebuilding process
Judicial reform and the independence and autonomy of the judiciary
Judicial appointments
Judicial review
Endemic interference: other examples
The preparation of the project
The project’s conditionality framework
The termination of the loan
Conclusion
Notes
Bibliography and further reading
Legal education reform – the forgotten intervention? Assessing the legal retraining model in transition economies
The legal transition collage
To market, to market
Old lawyers; new tricks
Choice of law; choice of language?
The best laid plans …
Hanging together: delivering comprehensive legal reform
Conclusion
Notes
Bibliography and further reading
The dynamics and politics of legal reform in China Induction, deduction and, above all, pragmatism
Description, prediction and evaluation
Describing reforms: horizontal metaphors
Describing reforms: vertical metaphors
Prediction
Appraisal and evaluation: the normative dimension
Case studies of regulatory innovation
Rule of law
Criminal law: a rocky road to an adversarial system
The new summary and simplified procedures: balancing justice and efficiency
Administrative detention: China’s second line of defence
Judicial independence: adjudicative committees
Individual case supervision: balancing judicial independence and judicial accountability
Petitions and visits, mass petitions and mobilization of social opinion through the media and Internet
Conclusion
Notes
Bibliography and further reading
The state and law reform in Indonesia
The parliamentary Rechtsstaat
The New Order: pathologies of legal process
Counter-tendencies under the new order
Law in a democratic Indonesian state?
Prospects
Strategies?
Conceiving other changes?
Notes
Bibliography and further reading
Like a fish needs a bicycle Public law theory, civil society and governance reform in Indonesia
Competing visions in public law
Challenges to public law in Indonesia
The civil society/purpose of the state question in the Indonesian context
Rechtsstaat vs rule of law
Hobbes and Leviathan
Natural law
Kant
Locke to Rousseau
Theory and historical civil society views in Indonesia
Hobbes
Locke
Kant
Hegel
Montesquieu and Rousseau
De Tocqueville
Modern functional civil society views
Conclusion: like a fish needs a bicycle?
Notes
Bibliography and further reading
Competition laws for Asian transitional economies Adaptation to local legal cultures in Vietnam and Indonesia1
Regional competition policy overview
The spectrum of ‘competition policies’
The elements of competition law
‘Fair’ competition: the Indonesian case
The IMF’s letters of intent legal conditionalities
The bankruptcy law case
February 1999: the competition law of Indonesia arrives
Some preliminary reflections
The Vietnam experience: ‘state management’, legal gradualism and the regulation of competition
The AFTA factor
Legal gradualism
Sectoral exceptions
Attacking anti-competitive behaviour
Legal culture, the state and business: the 1997 Vietnam commercial law
The enterprise law: a change of direction?
Government anti-competitive conduct
The persuasive relevance of recent Chinese competition law experience
Some tentative conclusions
Notes
Bibliography and further reading
Labour law reform in Namibia Transplant or implant?
The social and economic context for labour law reform
From colonization to independence
Racially discriminatory labour laws
Labour relations at independence
Post-independence labour law dispensation
Law reform process
Namibia’s new labour laws
Namibia’s new labour laws in context
Economic development and labour law since independence
Economy and labour market
Labour relations
The proposed new labour laws
Conclusion
Bibliography and further reading
Global trajectories of tax reform The discourse of tax reform in developing and transition countries
Mapping agencies and processes of global tax reform
Developed country governments
Tax Experts
Mass Production of Tax Reform: The International Institutions
The ‘remarkable consensus’ in tax reform
The discourse of tax reform
Tax reform and development: ‘making the state safe for the market’66
The failure of tax reform and the shift to governance
Inequality and poverty: what happened to the goal of redistribution in tax reform?
Conclusion
Notes
Bibliography and further reading
Intellectual property, civil law and the failure of law in Indonesia: Can criminal enforcement of economic law work in developing countries?1
The context: why prosecute rather than sue?
Civil remedies
Injunctions
The judiciary in civil cases
The commercial courts
The Microsoft case
Criminal cases: the process
Police, prosecutors and intellectual property cases
The judiciary and criminal trials
Practical realities
Criminal enforcement in developing countries

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