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| Författare: | Bergling Per
| | Titel: | Rule of Law on the International Agenda – International Support to Legal and Judicial Reform in International Administration, Transition and Development Co-operation | | Utgivningsår: | 2006 | | Omfång: | 310 sid. | | Förlag: | Intersentia | | ISBN: | 9050955819 | | Ämnesord: | Internationell rätt
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Pris: 736 SEK exkl. moms  |  The rule of law is a top priority among international organizations, national governments and development agencies. A number of factors have contributed to this elevation of law, among them the influence of the good governance paradigm, the emergence of a universal concept of human rights, and not least the urgency of introducing a degree of law and order in post-war environments. The rule of law is thus regarded both as an end in itself and as a means to facilitate the achievement of other development objectives.
Although there is unprecedented activity in this field, the nexus between law and various aspects of development remains problematic and little understood. Behind the rule of law consensus are still different and potentially contradictory visions and approaches. It is similarly disputed that legal concepts can be meaningfully exported or borrowed.
This book presents the most important political, economic and moral imperatives of the international support legal and judicial reforms in developing, transition and post-crisis environments; provides an overview of the main implementation strategies; and explains their strengths and weaknesses.
The author, Dr. Per Bergling, Associate Professor of Comparative Law at Umeå University, Sweden, has several publications in the fields of International Law, Rule of Law and Asian Law. Bergling also advises international organisations and development agencies supporting legal and judicial reform in developing, transition and post-crisis countries.
Contents:
1 INTRODUCTION
2 THEORETICAL FRAMEWORK
2.1 Actors, perspectives and support modalities
2.2 Concepts and critiques
2.3 Rule of law as means and end
2.4 International norms and practices
2.5 Sovereign states and the forces of globalization
2.6 Transplanting, borrowing and diffusing foreign concepts
3 TYPICAL PROBLEMS AND REMEDIES
3.1 Stylised problems and remedies
3.2 Authoritarian rule and democratisation
3.3 Poverty and development
3.4 Post-communist transition
3.5 State failure and state building
4 TECHNICAL ASSISTANCE APPROACHES
4.1 Introduction
4.2 Speed and sequence
4.3 Matching means and ends
4.3.1 Evidence and best practice
4.3.2 Grand assessments and assessment design
4.3.3 An Introduction to the Vietnamese Legal System
4.3.4 United Nations Judicial System Assessment Program
4.3.5 Comprehensive Legal System Needs Assessment for Vietnam
4.3.6 Logical framework approach: prospects and limits
4.4 Building political opinion
4.4.1 Demand and leadership
4.4.2 Critical dialogue and civil society support
4.4.2.1 Motivations and agenda
4.4.2.2 Protection strategies
4.4.2.3 Civil society and the rule of law
4.4.2.4 Commitment and capacity in NGO-cooperation
4.5 Setting the structure: constitutional and legal reform
4.5.1 Problem identification, agenda setting and drafting
4.5.2 Constitutions and constitutionalism
4.5.3 Consistency and co-ordination
4.6 Institutional reforms
4.6.1 Law in action
4.6.2 Alternatives to Courts
4.6.3 Restructuring judicial agencies
4.6.3.1 Adjustment or overhaul
4.6.3.2 Political independence and professional integrity
4.6.3.3 Developing professional skills and knowledge
4.6.4 Reforming enforcement
4.6.5 Addressing judicial discretion and corruption
4.7 Access, information and assistance
4.8 Sector and budget support
5 INTERNATIONAL ADMINISTRATION APPROACHES
5.1 Introduction
5.2 International administration and international law
5.3 Topics and priorities
5.3.1 Overview
5.3.2 Background, mandate and operational framework
5.3.2.1 United Nations Transitional Authority in Cambodia
5.3.2.2 High Representative to Bosnia and Herzegovina
5.3.2.3 United Nations Mission in Kosovo
5.3.2.4 United Nations Transitional Administration in East Timor
5.3.2.5 United Nations Assistance Mission in Afghanistan
5.3.3 Emergency law enforcement and criminal justice
5.3.3.1 United Nations Transitional Authority in Cambodia
5.3.3.2 High Representative to Bosnia and Herzegovina
5.3.3.3 United Nations mission in Kosovo
5.3.3.4 United Nations Transitional Administration in East Timor
5.3.3.5 United Nations Assistance Mission in Afghanistan
5.3.4 Constitutional and legal reform
5.3.4.1 United Nations Transitional Authority in Cambodia
5.3.4.2 High Representative to Bosnia and Herzegovina
5.3.4.3 United Nations Mission in Kosovo
5.3.4.4 United Nations Transitional Administration in East Timor
5.3.4.5 United Nations Assistance Mission in Afghanistan
5.3.5 Court reform and judicial appointments
5.3.5.1 United Nations Transitional Authority in Cambodia
5.3.5.2 High Representative to Bosnia and Herzegovina
5.3.5.3 United Nations Mission in Kosovo
5.3.5.4 United Nations Transitional Administration in East Timor
5.3.5.5 United Nations Assistance Mission in Afghanistan
5.3.6 Capacity building and access creation
5.3.6.1 United Nations Transitional Authority in Cambodia
5.3.6.2 High Representative to Bosnia and Herzegovina
5.3.6.3 United Nations Mission in Kosovo
5.3.6.4 United Nations Transitional Administration in East Timor
5.3.6.5 United Nations Assistance Mission in Afghanistan
6 CONCLUSIONS
6.1 Ideologies of development and state building
6.2 The way law travels
6.3 The craft in practice
6.4 Co-ordination and specialisation
7 REFERENCES
7.1 International documents
7.1.1 Statutory Documents
7.1.2 Conventions
7.1.3 Declarations
7.1.4 Resolutions
7.1.5 Codes
7.1.6 Basic Principles
7.1.7 Guidelines
7.2 Regional documents
7.2.1 Conventions
7.2.2 Recommendations
7.2.3 Resolutions
7.2.4 Guidelines
7.3 Peace agreements
7.4 National cases
7.5 Professional codes of ethics, etc
7.6 Literature and analytical reports
APPENDICES | | |
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