Judicial Systems in Transition Economies

Judicial Systems in Transition Economies
Author: James Horton Anderson
Publisher: World Bank Publications
Total Pages: 144
Release: 2005
Genre: Business & Economics
ISBN: 9780821361894

'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.

Constitutions, Markets and Law

Constitutions, Markets and Law
Author: Stefan Voigt
Publisher: Edward Elgar Publishing
Total Pages: 392
Release: 2002
Genre: Business & Economics
ISBN:

Papers from a workshop held at the Institute for Advanced Study, in Berlin, 2000.

Annual World Bank Conference on Development Economics Regional 2007

Annual World Bank Conference on Development Economics Regional 2007
Author: François Bourguignon
Publisher: World Bank Publications
Total Pages: 386
Release: 2007-01-01
Genre: Social Science
ISBN: 0821368443

Global Development Finance (GDF), is the World Bank's annual review of recent trends in and prospects for financial flows to developing countries. It is an indispensable resource for governments, economists, investors, financial consultants, academics, bankers, and the entire development community. Vol I: Analysis and Outlook reviews recent trends in financial flows to developing countries. Also available as a two volume set, Vol II. Summary and Country Tables* includes comprehensive data for 138 countries, as well as summary data for regions and income groups.

Institutional Foundations for Economic Legal Reform Transition Economies

Institutional Foundations for Economic Legal Reform Transition Economies
Author: William E. Kovacic
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

Since the 1970's, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote this progression. Despite enormous uncertainty and upheaval in the transition from planning to markets, economic liberalization remains the strategy of choice for boosting growth. Competition policy laws prohibiting various restraints of trade and creating public or private rights of action to enforce such prohibitions are common elements in the transition environment. This article examines questions about the proper scope of form of competition policy in transitional markets and about the design of legal reforms in emerging markets generally. While the proper approach to economic development in emerging markets requires analysis of a number of issues, such as identifying priorities in conditions of scarcity, developing supporting institutions, performing a careful initial assessment of existing condition, and determining the rate of change, the first issue to consider is whether competition policy -- which encompasses the policy instruments by which a nation can promote business rivalry -- deserves a high priority. This requires defining “competition policy.” Most agree that transition economies should take affirmative measures to increase business rivalry as a tool for promoting growth and that the creation of an institution to advocate pro-market solutions, including antitrust enforcement, is appropriate. However, there is disagreement over whether competition policy in emerging markets should involve the full panoply of antitrust commands found in mature competition policy systems. Careful pre-reform analysis of existing conditions in the host country and rigorous attention to how the host country will implement nominal competition policy commands is necessary for competition policy law reform to be effective. Where statutes in transition countries dictate enforcement of mature competition policy systems, there is a significant mismatch between national implementation capabilities and the demands of new competition laws. This mismatch must be confronted to decide about the correct measure of completeness and complexity in transition economy competition policy systems. Emphasis on institutional capability has significant implications for technical assistance. The successful development of competition policy institutions in transition environments requires close attention to enhancing the capacity of a wide variety of institutions, such as universities, research institutions, professional societies, and courts. Extensive, sustained contributions from foreign governments in the form of human and physical capital is the key to setting the proper institutional foundation and encouraging sensible application of new laws.

The Export of Legal Education

The Export of Legal Education
Author: D. Wes Rist
Publisher: Routledge
Total Pages: 212
Release: 2016-03-16
Genre: Law
ISBN: 1317032284

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient’s home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

The Law Reform Olympics

The Law Reform Olympics
Author: Veronica L. Taylor
Publisher:
Total Pages: 41
Release: 2013
Genre:
ISBN:

This paper focuses on why 'indicators' and evaluative questions about the external form of commercial law in transition economies are now so much in vogue. I trace the objectives and methods of a four different evaluative projects sponsored by the World Bank and USAID that are designed to assess and ultimately to rank the legal systems of transition economies. One obvious impetus for the evaluative turn in technical legal assistance is that there are so many legal systems in 'transition' and so much money is being spent on them. Another is that global bureaucracies such as the World Bank, the IMF, the European Bank for Reconstruction and Development, the Asian Development Bank and the postindustrial states that sponsor them are predisposed to using evaluative techniques as forms of audit and control. The 'indicators' of commercial law now used in legal technical assistance projects are designed to allow ranking of legal systems according to their compliance with 'best-practice' models of commercial law in countries assumed to have well-established 'rule of law'. Significantly, the rankings are intended in many cases to guide allocative decision-making. This is the process that I call the 'law reform Olympics'