Rule Of Law Projects Research Articles

Reflecting on the rule of law contestations narratives in the world trading system

Abstract Contestations have emerged over the nearly three decades of the World Trade Organization (WTO) regarding the narratives on the rule of law (ROL) as a central tenet of the Multilateral Trading System. One of such contestation is whether the idea of ROL was ever internalized in the WTO at its formation or has been exaggerated. This article critically explores this narrative and locates it in the context of the events of the past two decades in the WTO. It challenges the notion of ROL in the world trading system. It argues that although significant progress was made in mainstreaming ROL in the Uruguay Round project, it would be an exaggeration to claim that ROL was embedded in the trading system from its inception. The article concludes that sceptics of the ROL project in the WTO have arguably been vindicated by how things have unfolded in the past two decades.

Developing CLE in Myanmar-Lessons Learned and Global Guidance

This paper, Developing CLE in Myanmar: Lessons Learned and GlobalGuidance, is an adaption of an Advocacy Paper entitled The Global Pathand Future of CLE in Myanmar, which merged from findings from morethan three years of BABSEACLE’s work, often in collaboration with NewPerimeter (DLA Piper’s global pro bono non-profit affiliate) and HerbertSmith Freehills (HSF) (collectively referred to as the “Consortium”). TheConsortium worked with eighteen Myanmar university law departmentsto implement Clinical Legal Education (CLE) programmes in partnershipwith diverse stakeholders in Myanmar (2013-Present). The Paperpresents key strategies which the author believes will contribute to thesustainable future of a nationwide CLE programme in Myanmar withinsights and lessons learned that are applicable both regionally andglobally. This timely initiative was undertaken with broad, wide-rangingsupport from the United Nations Development Programme (UNDP), theUnited States Agency for International Development Promoting Ruleof-law Project (USAID PRLP) and other related organisations. This Paperhighlights how drawing on and applying findings from regional andglobal experiences, CLE in Myanmar has grown from its nascent stageinto a young but ever increasing vibrant movement of educational andjustice change and impact. In doing so, this movement is helping tocreate the noteworthy educational justice change and impact, includingits interaction with others in the legal sector, that we are currentlywitnessing. This Paper evaluates the impact of implementing anationwide CLE programme in Myanmar from early 2013 to the present.Simultaneously, the Paper is also a timely resource for planning; todevelop, implement or strengthen CLE programmes in Myanmar andworldwide. It also offers pragmatic recommendations to facilitate theexpansion, institutionalization, and sustainability of CLE in Myanmarand elsewhere.

Something Old, Something New – Which Way to Go for Rule of Law Projects in the Agenda 2030 Era?

Abstract Africa and the developing world have been the theatre of countless rules of law assistance projects since the end of World War II, with mixed results. While the reasons for the mixed results vary from project to project and from country to country, this paper seeks to address the limitations that arise right from project inception, reviews the cycle of project management from problem construction to monitoring and evaluation, taking into account the core and secondary aspects of project management such as scope, budget, quality, schedule, as well as stakeholder engagement, communication, risk management and performance management. With a focus on the attainment of the Sustainable Development Goals of Agenda 2030, the paper addresses the following aspects: identify challenges of past approaches of major development partners and interrogate the current shift in paradigm by the World Bank, United Nations and the United Kingdom’s Department for International Development (DfID). It will consider lessons from complexity and other methodologies, theories of change, theoretical frameworks, and the Problem Driven Iterative Adaptation (PDIA) model as tools for doing development differently. The paper concludes with recommendations on improving the effectiveness of rule of law programmes, including a better approach to project design that makes allowance for results based programming, ease of adaptation, reflective learning through after action reviews and lessons learned from military science’s doctrines and practices in the management of complex operations. The paper also recommends, back and forth iteration and better stakeholder engagement, including at the lowest level of governance (local contextualization), to increase effectiveness of rule of law and change in mind-sets especially donor and development partner ideology.

The Decay of the International Rule of Law Project (1990–2015)

The Decay of the International Rule of Law Project (1990–2015)

Improving the Effectiveness of International Lawyers in Rule of Law and Transitional Justice Projects

Improving personal effectiveness has been a popular subject for many decades in the business world and in the context of development work. However, in transitional justice and rule of law, effectiveness has only relatively recently been a topic of interest, as researchers investigate reasons why international legal interventions succeed and why they fail. Successful transitional justice or rule of law interventions depend on positive interactions and strong relationships - yet few organisations provide guidance on how such interpersonal relations in international settings can be optimised. It is at the individual level where lawyers can make an immediate difference to the project, and It is argued that the concept of intercultural effectiveness is particularly helpful for transitional justice and rule of law projects. The paper discusses how intercultural effectiveness might be measured, drawing heavily on Canada’s Centre for Intercultural Learning and their seminal paper A Profile of the Interculturally Effective Person. Environmental and organisational issues are examined, before looking at the barriers to intercultural effectiveness at the individual level for international lawyers. The main part of this paper then focuses on the specific knowledge, skills and values through which an international lawyer may be able to optimise their own intercultural effectiveness. The paper finally discusses how institutions hiring international lawyers can take concrete practical steps to improve the success of interventions, by helping their staff and consultants to become more interculturally effective.

A Guide to Change and Change Management for Rule of Law Practitioners

When a practitioner hears the phrase “post-conflict rule of law reform,” his or her first instinct is to focus on the “law” or “rule of law” part of this phrase and the many legal and technical solutions that are routinely employed to move a country away from conflict and towards the rule of law. Less explored, and less often thought about, is the concept of reform or change. Rule of law practitioners are in the change business, yet practitioners tend to spend more time thinking about the legal and technical dimensions of projects rather than about change and how it occurs.This Practitioners’ Guide argues that it is crucial to the success of rule of law reform efforts that they are grounded in a solid understanding of change and change management. Section I outlines a theory of change applicable to rule of law reform. Section II takes the abstract theory of change from Section I and applies it to the everyday business of rule of law projects -- from initial project assessment to design and implementation of the project. Finally, Section III outlines the importance of having a change management plan for rule of law projects. Further, it provides concrete guidance on the elements of a change management plan.

The Global Fight against Piracy

Maritime piracy – hijackings, kidnapping, hostage taking and armed robbery at sea – presents an ongoing challenge for the international community. What was long perceived as a problem of the past is today recognised to be a major challenge for international security. To act against piracy has proven to be an intricate affair. The new attention to piracy and indeed the return of the problem on the agendas of global politics started with the significant increase of piracy incidents in Southeast Asia in the 1990s. Southeast Asia has since seen the creation of a regional cooperation framework that addresses piracy through information sharing, improved coordination and common strategy making. Although piracy incidents in the area still occur, a viable counterpiracy infrastructure has been put in place to address the menace, and arguably piracy is well contained in the area. Piracy in the Horn of Africa and the Western Indian Ocean region is a different story. The international community has been increasingly engaged in the area since 2007, when the UN Security Council began to approach the issue. International actors, including states and international organisations, have been quite innovative in organising the response: multilateral naval missions organised by the US, NATO and the EU have been dispatched to the area; over 30 states participate in naval counterpiracy activities; states, international organisations (including the UN, the International Maritime Organisation, Interpol and the UN Office of Drugs and Crime) and private actors (such as shipping associations) coordinate their activity in the working groups of a UN Contact Group; over 1000 pirates have been prosecuted or are awaiting trial; and a complex international counterpiracy programme mixes security and law enforcement with regional rule of law projects, maritime security sector reforms and development programmes. Yet success is still limited. According to Jack Lang, the UN special adviser on piracy, ‘the race between the pirates and the international community is progressively being won by the pirates’. 1 The authors of this special section discuss what makes it so difficult for the international community to cope with piracy. They discuss the intricacies of finding tailored strategies and the obstacles and complexities that actors face in addressing Somali piracy. The authors draw on research from the emerging inter-disciplinary field of piracy studies, which has attracted a growing number of researchers from different disciplines. 2 Piracy studies is an intellectual project that focuses on understanding the return of piracy, how piracy is organised in different parts of the world, how it is embedded in a larger historical context and as part of international dynamics, and how counterpiracy responses can be improved (Bueger, 2013). It explores the relationship between piracy and other threats, such as terrorism, and uses it as a paradigmatic example for understanding contemporary international problems. Through this lens, piracy studies facilitate a productive inter-disciplinary dialogue and bring perspectives into the conversation that have often been understood as competitors or even as incommensurable. Scholars from international law, international security, development studies, logistics, economics and technical

Truth and Consequences in Rule of Law: Inferences, Attribution and Evaluation

Billions of dollars are spent on legal development every year, but its effectiveness continues to be questioned. Many donors have responded to this internal and external critique by developing monitoring and evaluating systems. This article problematizes the tendency of conventional modes of evaluation to assume a link between the outcomes of individual projects (the ‘truth’ of rule of law) and the fulfillment of overarching program goals (the ‘consequences’). We argue that examining this assumed link is of particular importance as rule of law projects take place within a host of simultaneous political and social changes; are time consuming and unpredictable and have multiple and sometimes conflicting objectives. Our analysis of four recent rule of law projects from Asia, Africa and Latin America exposes the inability of conventional evaluations to accommodate such complexities. We demonstrate how, by contrast, robust empirical research reveals important truths about the disparity between the actual, intended and unintended consequences of legal development projects.

The right to counsel as a safeguard of justice in Afghanistan: the contribution of the International Legal Foundation

AbstractIn Afghanistan, rule of law projects have placed a heavy emphasis on rebuilding courts and law enforcement institutions. Little attention has been given to the critical element of defence, particularly criminal defence services for the poor. Yet, without defence lawyers, there can be no rule of law. This article examines the right to counsel in Afghanistan and the indispensable role that defence lawyers are playing in the development of the justice system, illustrated by the experience of the International Legal Foundation. By providing early and effective representation to their clients, lawyers ensure that Afghanistan's new laws and constitutional provisions protecting the rights of the accused are implemented.

Peacebuilding, the Rule of Law and the Problem of Culture: Assimilation, Multiculturalism, Deployment

The technocratic project of building the rule of law in post-conflict peacebuilding is advanced as a guarantor of liberal peace. This ‘rule of law fable’ that correlates peace with technical institutions of western legal systems recalls the colonial and modernisation ethos to engineer African societies in our own image. As such, as in the case of Sierra Leone, practices of law that do not conform to the interventionary conceptualisation of the rule of law are rendered pathological. Specifically, ‘culture’ is positioned as a problem for peacebuilders to solve. There is not, however, a homogeneous response to the problem of culture, but strategic diversity: assimilation, underpinned by liberal claims to cultural neutrality, aims to produce cultural sameness by combating custom and tradition. Accommodation that domesticates local tradition represents a radically depoliticised multiculturalism, while deployment mobilises tradition to encourage ‘buy-in’ to the rule of law project.

Legal Institutions and the Democratic Order

Do legal institutions that limit governmental power promote order in democracies? The worldwide rule of law project is predicated on knowing the answer to this question; however, there is no systematic empirical test of the relationship between legal institutions that constrain arbitrary state power and democratic order. Indeed, the mainstream literature on democratic survival simply ignores the influence of effective legal institutions, focusing instead on sociocultural and macro-economic factors that render individuals vulnerable to government predation on financial assets and violations of physical integrity. Following North, Summerhill and Weingast (2000) we suggest that ensuring the democratic order requires the resolution of a variety of commitment problems over rights, and one way of doing so is through the construction of (or at least the emergence of) legal institutions that constrain state power. Indeed, such institutions should be most useful when states are most at risk to breakdown as a result of unfortunate macro-economic or sociocultural conditions. We find that effective legal institutions are positively associated with democratic survival and negatively associated with violent political events, two central measures of democratic order. We also find that the effect of effective legal institutions on survival is strongest in socioculturally diverse states.

Democracy Challenged: The Rise of Semi-Authoritarianism

During the 1990s, international democracy promotion efforts led to the establishment of numerous regimes that cannot be easily classified as either authoritarian or democratic. They display characteristics of each, in short they are semi-authoritarian regimes. These regimes pose a considerable challenge to U.S. policymakers because the superficial stability of many semi-authoritarian regimes usually masks severe problems that need to be solved lest they lead to a future crisis. Additionally, these regimes call into question some of the ideas about democratic transitions that underpin the democracy promotion strategies of the United States and other Western countries. Despite their growing importance, semi-authoritarian regimes have not received systematic attention. Marina Ottaway examines five countries (Egypt, Azerbaijan, Venezuela, Croatia, and Senegal) which highlight the distinctive features of semi-authoritarianism and the special challenge each poses to policymakers. She explains why the dominant approach to democracy promotion isn't effective in these countries and concludes by suggesting alternative policies. Marina Ottaway is senior associate and codirector of the Democracy and Rule of Law Project at the Carnegie Endowment.