Local Accounts of Rule of Law Aid: Implications for Donors

Nicholson, Pip; Low, Sally

doi:10.1017/s1876404512001017

Cited by 11 publications

(4 citation statements)

References 2 publications

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“…Japan's 2003 ODA Charter, for example, included no mention of 'rule of law', although it features prominently in the 2015 version of the Charter. 12 While experts agree that Japan has progressively engaged in the debate about the place of rule-of-law promotion in aid projects (Taylor 2005;Kuong 2018;Nicholson and Hinderling 2013;Nicholson and Low 2013;Nicholson and Kuong 2014), it is an imprecise instrument for judging the ultimate value of Japan's legal technical assistance projects. 13 To date, a significant number of codes and laws have been established or reformed in host countries through the legal technical assistance projects, with support from JICA and other government bodies.…”

Section: Extending Japan's Reach Through Legal Technical Assistancementioning

confidence: 99%

“…Certainly, law and development scholars have researched the legal technical assistance projects delivered along the Mekong River, focusing on the projects' methodological and theoretical aspects (see Section 2 above). These include a comparison of Japan's projects with the agendas of other donors (Taylor 2005;Nicholson and Hinderling 2013;Nicholson and Kuong 2014); local experiences of court-oriented law reform guided by JICA and other international donors (Nicholson and Low 2013); project implementation in host countries (Kaneko 2010;Kuong 2018;Kaneko 2019); and Japan's evolving experience as a rule-oflaw donor (Taylor 2012). However, what these otherwise valuable contributions do not do is to delineate the contour of Japanese legal influence in a way that is useful for international businesses and lawyers needing to understand the positive law of Vietnam, Cambodia and Laos (see Section 1).…”

Section: (Re-)assessing the Influence Of Japanese Law In Vietnam Cambodia And Laosmentioning

confidence: 99%

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Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

Teramura¹

2021

NVJS

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Much has been written about Japanese law within the context of Japan. Less is known about the application of Japanese legal models outside Japan. A prevailing view among some commentators is that Japanese law scholarship does not offer insights that are useful beyond Japan-based legal studies. Other scholars challenge this perception by invoking Japan’s legal development aid projects in the Mekong subregion of ASEAN—especially in Vietnam, Cambodia and Laos. These projects have been in operation for over twenty years and aim to foster the economic growth of host countries. This article aligns with the view that Japanese law exists beyond, and is influential outside, Japan. It calls for further action by legal specialists to re-examine and re-assess the corresponding influence of Japanese positive law in these countries, both in improving the transparency of those legal systems and enhancing communication among local, comparative and Japanese law experts.

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Section: Extending Japan's Reach Through Legal Technical Assistancementioning

confidence: 99%

Section: (Re-)assessing the Influence Of Japanese Law In Vietnam Cambodia And Laosmentioning

confidence: 99%

Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

Teramura¹

2021

NVJS

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“…While there is a potential for legal transplants to readily transfer into a country, there are risks posed by a country's social context (Crouch, ; Gillespie, ; Miller, ; Nelken, ; Watson, ). In particular, the field of development studies finds that efforts to promote international standards within developing countries need to exercise context‐sensitive approaches to better address the contextual nuances within individual countries to improve their prospects for lasting change (Liljeblad, ; Nicholson & Gillespie, ; Nicholson & Low, ; Ware, ).…”

Section: Literature Review and Framing Sri Ksetra's Sustainable Develmentioning

confidence: 99%

World heritage sustainable development policy & local implementation: Site management issues using a case study of Sri Ksetra at Pyu ancient cities in Myanmar

Liljeblad

2020

Sustainable Development

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In November 2015, State Parties to the World Heritage Convention approved a resolution adopting a policy integrating sustainable development into World Heritage conservation (WH Policy). A central component of the WH Policy was an expectation for participatory models of management involving local communities in site management. This paper uses a case study of Sri Ksetra in Pyu Ancient Cities, Myanmar's first entry onto the World Heritage list, to identify how management practices toward local communities can frustrate the implementation of WH Policy goals. The paper argues that the implementation of WH Policy involves not only the contents of policy statements but also the actions of site management practices, such that efforts to promote sustainable development via community participation require consideration of both the articulation of appropriate management systems in formal policy documents as well as the practice of appropriate conduct by those systems. K E Y W O R D S co-management, community management, conservation, cultural heritage, natural heritage, sustainable development, World Heritage

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“…In terms of successful rule of law promotion, Nicholson and Low argue that "political orientation and openness to liberal ideas" are "critical to legal transfers". 5 This article similarly holds that it is important to understand a country's rule of law in the context of what the prevailing political culture and institutional structure allows for. The article investigates the limits to judicial independence in contemporary Cambodia since 2010.…”

Section: Introductionmentioning

confidence: 99%

The limits to judicial independence: Cambodia’s political culture and the civil law

West

2018

Democratization

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Distinctions between the common and civil law are crucial when considering the rule of law and judicial independence in a political system. The 1993 Constitution of the Kingdom of Cambodia provides for a democratic government with separation of powers, judicial independence and human rights guarantees consistent with international legal instruments. However, Cambodia ranks poorly in international indices of political interference and corruption in the judiciary and for the rule of law. Drawing on interviews with Cambodian state officials and legal practitioners, the article situates the domestic judiciary within the socio-political environment and constitutional arrangements in which it must operate and examines the limits to judicial independence in the country. The article argues that the lack of judicial independence in contemporary Cambodia is not only attributable to its neopatrimonial political culture but also to the legal-institutional framework established during the United Nations Transitional Authority in Cambodia (UNTAC) period. The legalphilosophical underpinnings of civil law, the nature of the civil law system operating in Cambodia, and how it is interpreted locally, are crucial to understanding the limits to judicial independence in the country.

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Local Accounts of Rule of Law Aid: Implications for Donors

Cited by 11 publications

References 2 publications

Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

Japan as a Source of Legal Ideas: A View from the Mekong Subregion of ASEAN

World heritage sustainable development policy & local implementation: Site management issues using a case study of Sri Ksetra at Pyu ancient cities in Myanmar

The limits to judicial independence: Cambodia’s political culture and the civil law

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