Lawmaking for Development
Lawmaking for Development
Explorations into the Theory and Practice of International Legislative Projects
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Contents - 6 Abbreviations - 8 Lawmaking for Development: An introduction - 12 1. Law and development, law and economics and the fate of legal technical assistance - 24 2. Using legislative theory to improve law and development projects - 54 3. Quality of legislation: A law and development project - 76 4. Lawmaking, development and the Rule of Law - 92 5. Legislation in a global perspective - 134 6. Bargaining about the land bill: Making effective legislation to protect arable land in China - 146 7. Amalgamating environmental law in Indonesia - 172 8. Lawmaking in the new South Africa - 200 9. Comments on lawmaking and legal reforms in Central Asia - 218 10. The codification process of Russian civil law - 232 11. The Russian experience: A Dutch perspective on legislative collaboration - 246 References - 256 List of contributors - 272 Index - 274

Reviews and Features

"The international community, through the law and development movement, has assumed for at least half a century that the world’s main problems need to be addressed by legislative initiatives in developing countries. Law-making indeed has become the main instrument of law and development, and the law reform industry has become a vast and resource-laden one. Yet our vast experience of this phenomenon has gone unassimilated and unexamined for the most part. Law and development has gone through stages of optimism, pessimism, and, in the last decade, constructive, critical engagement with legal reality. Nonetheless, incorporating all our empirical knowledge into intelligible theory informing actual practice has proved a tall order. This book, addressing law-making in an international development context, is one of very few publications to supply the omission and does so splendidly with a thought-provoking set of empirically and theoretically- based contributions from scholar and practitioners of law and development dealing with different practical issues, different aspects of the process, and different regional experiences. Arnscheidt, van Rooij, Otto and their contributors have taken us a good distance nearer to understanding lawmaking for development, and by careful and critical analysis that still believes that lawmaking is valuable, have built both a foundation and a substantial part of the structure we need to make law and development count." Professor Andrew Harding, University of Victoria, Canada "For anyone who is involved in assisting countries with improving legislation, this timely, provocative and precision-targeted collection of scholarly and practical commentaries will be a long-term companion. Professors Arnscheidt, van Rooij and Otto have captured in this volumn a rich spectrum of experience and methodological guidance in an effort to strengthen the basic infrastructure of information about lawmaking for development. Given the increasingly important place which rule of law promotion occupies in international development cooperation, the staggering complexity and the inherent dangers awaiting every would-be law-maker and legal reformer, their effort and the authorative contributions of the volume's contributors are welcome indeed." William T. Loris, Director General, International Development Law Organization ‘Lawmaking for Development brings remarkable conceptual clarity to a complex field. Despite rapid growth in scale and expenditure on donor-funded legal assistance worldwide, legislative drafting and implementation remain understudied. The nuanced essays in this volume break new ground in law, governance and development. They highlight the unique patterns of donor-assisted lawmaking in diverse settings such as China, the CIS, Kazakhstan, the Netherlands, Indonesia, Russia, South Africa, Sri Lanka and Zambia. Going beyond debates about legal transplantation, Lawmaking for Development presents fresh, interdisciplinary and sophisticated scholarship, informed by practical experience.’ Veronica L. Taylor, Dan Fenno Henderson Professor of Law and Director, Asian Law Center, University of Washington

Julia Arnscheidt, Jan Michiel Otto

Lawmaking for Development

Explorations into the Theory and Practice of International Legislative Projects

Over the last decades there has been increased recognition that law and governance matter for development, be it macro-economic growth or the improvement of micro-level basic needs and freedoms. Legislation is a central part of state legal systems, and often the written legal norms are a starting point when seeking improvement of the legal system as a whole, or one of its specific aspects. This volume discusses how legislation (the product) and lawmaking (the process) function in developing countries, and how legislation contributes to development and how lawmaking and legislation can be improved either by the country itself or by donor assisted projects. It covers topics including legal transplantation, legislative quality, linkages between legislation and implementation, and the politics of lawmaking. The resultant volume combines insights from scholars, based on conceptual analysis and empirical research, with ideas from practitioners involved in lawmaking in legal technical assistance projects. Doing so, this volume aims to be useful for both academia and practice.
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Julia Arnscheidt

Julia Arnscheidt is a researcher at the Van Vollenhoven Institute - Leiden University

Jan Michiel Otto

Jan Michiel Otto is professor of law and governance in developing countries at Leiden University, and director of the Van Vollenhoven Institute for Law, Governance and Development.