3

LAW, JUSTICE And dEvELopmEnT WEEk 2013

ToWArdS A SCIEnCE of dELIvEry In dEvELopmEnT How Can Law and Justice Help Translate Voice, Social Contract and Accountability into Development Impact?

November 18-22, 2013 1818 H Street, NW Washington, DC

SELECTED READINGSON LAW, JUSTICE AND DEVELOPMENT

PREPARED BY WORLD BANK LAW RESOURCE CENTER

ACKNOWLEDGEMENTS LJD Week Selected Readings on the Rule of Law and Development was prepared by the staff of the Law Resource Center of the World Bank Group (WBG), with contributions from IBRD Legal VPU Staff.

INTRODUCTION

The World Bank Law Resource Center (LRC) is pleased to support World Bank Law, Justice, and Development Week, November 2013. This LJD Week Selected Readings on the Rule of Law and Development highlights resources from the World Bank Group and other public sources which have been published from 2010 forward. The list covers many of the most recent materials written on the topic of “rule of law and development”, which have been evaluated for pertinence and quality. When possible, links to the full text of a document have been included. Many of the publications are publicly available and may be accessed electronically from the websites of the World Bank Group (WBG). Due to intellectual property rights requirements, some material is only available commercially or through university or other local libraries. We encourage you to share LJD Week Selected Readings on the Rule of Law and Development with others working in the field of rule of law. The World Bank Law Resource Center Washington, DC November 2013

CONTENTS

MONOGRAPHS ........................................................................................................................ 1

JOURNAL ARTICLES ............................................................................................................... 7

1

MONOGRAPHS Brinks, Daniel M. and Varun Gauri. 2012. “The Law’s Majestic Equality? The Distributive Impact of Litigating Social and Economic Rights” Policy Research Working Paper 5999. Development Research Group and Human Development and Public Services Team. Washington, DC: World Bank.

This paper develops a nuanced account in which not all courts are the same. Countries and policy areas characterized by judicial decisions with broader applicability tend to avoid the potential anti-poor bias of courts, whereas areas dominated by individual litigation and individualized effects are less likely to have pro-poor outcomes. Using data on social and economic rights cases in five countries, the authors estimate the potential distributive impact of litigation by examining whether the poor are over or under-represented among the beneficiaries of litigation, relative to their share of the population. WBG staff access link: http://elibrary.worldbank.org/doi/book/10.1596/1813-9450-5999

Cisse, Hassane, Sam Muller, Chantal Thomas, and Wang Chenguang. December 2012. The World Bank Legal Review: Legal Innovation and Empowerment for Development. Washington, D.C.: World Bank.

Focuses attention on how the law can respond to the challenges posed to development in a world slowly emerging from a protracted economic crisis. Innovation in law means new strategies and ways of thinking about what the law can do in the development realm. Empowerment can mean many things, such as how to place the law into the hands of the poor. The two concepts are linked by their relevance to the future of law as a force for development. This volume contains essays that examine legal innovations and efforts at empowerment worldwide, in individual countries and in the broader international system more generally. WBG staff access link: http://elibrary.worldbank.org/doi/book/10.1596/978-0-8213-9506-6

2

Das, Maitreyi and Vivek Maru. 2011. “Framing Local Conflict and Justice in Bangladesh” Policy Research Working Paper 5781. Washington, D.C.: World Bank.

The institutional landscape of local dispute resolution in Bangladesh is rich: it includes the traditional process of shalish, longstanding and impressive civil society efforts to improve on shalish, and a somewhat less-explored provision for gram adalat or village courts. This paper provides both an empirical mapping of local conflict and justice , and pointers to possible policy reforms. It suggests a number of opportunities for strengthening local justice and argues that the village courts may pose a useful bridge between Bangladesh's informal and formal justice institutions. WBG staff access link: http://elibrary.worldbank.org/doi/book/10.1596/1813-9450-5781

Hallward-Driemeier, Mary and Tazeen Hasan. October 2012. Empowering Women: Legal Rights and Economic Opportunities in Africa. Africa Development Forum Series. Washington, D.C.: World Bank.

Documenting the extent to which the legal capacity and property rights vary for women and men, and analyzing the impact this has on women’s economic opportunities, the book introduces the Women’s Legal Economic Empowerment Database Africa (Women LEED Africa). This database covers all 47 countries in Sub-Saharan Africa, providing indicators and links to constitutions, ratified international conventions, and domestic statutes where there are gender gaps in legal capacity and property rights. The book spells out specific steps that can be taken to address gender gaps both in formal property rights and in practical constraints in accessing justice.

WBG staff access link: http://elibrary.worldbank.org/doi/book/10.1596/978-0-8213-9533-2

Heckman, James, Robert Nelson, and Lee Cabatingan. 2010. Global Perspectives on the Rule of Law. New York: Routledge.

A collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians, the contents critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law.

Available in print at the World Bank Law Resource Center: K3171 .G58 2010

3

Humphreys, Stephen. 2010. Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice. Cambridge: Cambridge University Press.

Presenting the first sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today, Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organizations. Successful ly articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Available in print at the World Bank Law Resource Center: K3171 .H86 2010

Isser, Deborah. 2011. Customary Justice and the Rule of Law in War-Torn Societies. Edited by Deborah Isser. Washington, D.C.: United States Institute of Peace Press.

This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies. Presenting seven in-depth case studies, the authors provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country.

Available in print at the World Bank Law Resource Center: K282 .C87 2011

Kleinfeld, Rachel. 2012. Advancing the Rule of Law Abroad: Next Generation Reform. Washington, D.C.: Carnegie Endowment for International Peace.

Describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states.

Available in print at the World Bank Law Resource Center: K3171 .K59 2012

4

Kristjánsdóttir, Edda. 2012. International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States. Cambridge; Portland: Intersentia.

This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements. The volume contains case studies of the role of domestic courts in various post-conflict and transitional situations (Balkans, Iraq, Afghanistan, Nepal, East Timor, Russia, South Africa, and Rwanda).

Available in print at the World Bank Law Resource Center: K302 .I57 2012

McCorquodale, Robert. 2010. The Rule of Law in International and Comparative Context. London: British Institute of International and Comparative Law.

This book explores some key issues concerning the rule of law in the international and comparative context, clarifying key aspects of the rule of law and applying them to real life examples across the world, including: the impact of business on human rights; anti-competitive practices and the role of the European Union bodies; the development of international investment law; the use of comparative law to inform national decision-making; and the effects of international criminal law and practice. Available in print at the IMF Law Library

Merkel, Wolfgang. 2012. "Measuring the Quality of Rule of Law" Rule of Law Dynamics: In an Era of International and Transnational Governance. Edited by Michael Zurn, Andre Nollkaemper, and Randy Peerenboom: 21-47. New York: Cambridge University Press.

This chapter surveys trends and developments in rule of law globally and regionally, based on five well-known democracy and rule of law indices: Freedom House; World Bank Worldwide Governance Indicators; the Bertelsmann Transformation Index; the Democracy Barometer; and the World Justice Project. Although indices of rule of law are increasingly used by academics, politicians, and practitioners of good governance aid, they rarely meet standard social science requirements for reliable measurement. Notwithstanding their limitations, these five indices do shed light on several key issues: whether rule of law is increasing globally, regional variations in rule of law, and the much discussed relationship between rule of law and democracy.

5

Michel, James. 2011. “Alternative Dispute Resolution and the Rule of Law in International Development Cooperation” Justice and Development Working Paper Series. Washington, D.C.: World Bank Legal Vice-Presidency.

This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, wellbeing, and dignity. http://documents.worldbank.org/curated/en/2010/01/14250479/alternative-dispute-resolution-rule-law-international-development-cooperation

Mooney, Lelia. 2013. Promoting the Rule of Law: A Practitioner’s Guide to Key Issues and Developments. Chicago, IL: ABA Section of International Law.

The mandate entrusted by the international community to the rule of law is extraordinarily wide and keeps growing. Trafficking in persons, devastating wars, organized crime, violations of minority and human rights, wars and conflict, poverty and hunger, the intersections between justice and security, access to land, crimes against the environment and sustainable development, gender-based violence, health and HIV, law-related market promotion, and lack of economic development and opportunities are among some of those growing forces that challenge the rule of law and democratic governance of societies.

Available in print at the World Bank Law Resource Center: K3171 .P763 2013

Nollkaemper, Andre. February 2011. National Courts and the International Rule of Law. Oxford: Oxford University Press.

This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus is on judicial control of exercise of public powers by states. This book primarily explores what it is that international law requires, expects, or aspires that domestic courts do, and against this backdrop of what international law requires it seeks to map patterns of domestic practice in the actual or possible application of international law, and to determine what such patterns mean for the protection of the rule of international law.

WBG staff access link: http://www.oxfordscholarship.com.libproxy-wb.imf.org/view/10.1093/acprof:oso/9780199236671.001.0001/acprof-9780199236671

6

Sannerholm, Richard Zajac. 2012. Rule of Law after War and Crisis: Ideologies, Norms and Methods. Cambridge: Intersentia.

Rule of law has emerged as an essential objective in assistance to post-conflict and post-crisis societies such as Somalia, Kosovo, Liberia and Egypt. A failure to adhere to the rule of law can result in donors withholding funds and political support. This book provides critical analysis of the past and current rule of law promotion, and argues that despite past experiences of development and technical assistance, rule of law reform in war-torn and crisis societies operates in an autonomous field where best practices and lessons learned are rarely or only superficially acknowledged.

Available in print at the World Bank Law Resource Center: KZ6355 .Z35 2012

Santos, Alvaro. 2012. "The World Bank's Uses of the 'Rule of Law' Promise in Economic Development" The New Law and Economic Development: A Critical Appraisal: 253-300. Edited by David Trubek and Alvaro Santos. New York: Cambridge University Press.

In this chapter, the author seeks to disaggregate the World Bank and provide insight on the impact that particular groups have in dominant development strategies. By analyzing the internal dynamics among groups at the Bank, his aim is to illuminate the rise and fall of ideas about development and their resistance to both empirical evidence and academic critique. These internal dynamics include institutional inertia and constraints, groups’ struggle and competition over resources and prestige, and the relationship between groups at the Bank and the governments of borrowing countries.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2034333 Sellers, Mortimer, and Tadeusz Tomaszewski (Eds.). 2010. The Rule of Law in Comparative Perspective. Ius Gentium: Comparative Perspectives on Law and Justice, Volume 3. Dordrecht: Springer.

Compares the different conceptions of the rule of law that have developed in different legal cultures, and describes the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics.

Available in print at the World Bank Law Resource Center: K3171 .R85 2010

7

Sriram, Chandra Lekha, Olga Martin-Ortega, and Johanna Herman (Eds.). 2010. Peacebuilding and Rule of Law in Africa: Just Peace? New York: Routledge.

This book explores the expanding international efforts to promote rule of law in countries emerging from violent conflict. With a focus on Africa, the authors critically examines the impact of these activities in relation to liberal peacebuilding, rule of law institutions, and the range of non-state providers of justice and security. They also assess the virtues and limitations of rule of law reform efforts, and policy alternatives, while featuring detailed case studies on Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of Congo,

Available in print at the World Bank Law Resource Center: JZ5584 .A35 P425 2010

JOURNAL ARTICLES Affa'a-Mindzie, Mireille. 2013. Strengthening the Rule of Law and Human Rights in the Sahel. Stability: International Journal of Security and Development 2(2):30.

Despite formal adhesion by countries in the Sahel to regional and international standards promoting governance, human rights and the rule of law, weak state institutions, poor human rights track-records, as well as poor governance and corruption remain widespread and have built up to erupt in the political and security crisis that unfolded in Mali. Strengthening human rights and the rule of law by renewing the commitment made by countries in the region to democratic, governance and human rights frameworks, has the potential to bring sustainable peace back to Mali while preventing escalation in the neighboring countries.

http://www.stabilityjournal.org/article/view/sta.br/92

Alkon, Cynthia. 2011. “Lost in Translation: Can Exporting ADR Harm Rule of Law Development” 2011 Journal of Dispute Resolution 165.

Using the example of the Republic of Georgia, after the country introduced plea bargaining of criminal cases in 2003, the author discusses how the system was perceived by the general public. Newspapers and the media reported that defendants paid money to be released from jail or to have their cases dismissed. Instead of an alternative process that is supporting the formal legal system, the general public starts to look at plea bargaining as just another form of corruption and it seems to contribute to further eroding any remaining trust or confidence that the general public might have in their legal system.

WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/jdisres2011&div=11&collection=journals

8

Astrada, Sebastian R. 2010. “Exporting the Rule of Law to Mongolia: Post-Socialist Legal and Judicial Reforms” 38 Denver Journal of International Law and Policy 461 (Summer 2010).

This article analyzes Mongolia's legal and judicial reforms and the efforts of international organizations and outside states to assist or encourage those reforms. Thes author analyzes what the concept of "rule of law" commonly means, and establishes a cogent and tangible, and procedurally-minimalist, rule of law definition. Mongolia's experiences demonstrate four important best practices for future rule of law promotion: (1) judicial independence is the cornerstone of the rule of law; (2) formal government action plans offer "more bang for your buck;" (3) public participation and sentiment is a proxy for the institutionalization of the norms and culture of the rule of law; and (4) the leverage of donor coordination pays dividends.

WBG staff access link: http://heinonline.org/HOL/Page?handle=hein.journals/denilp38&div=17&g_sent=1&collection=journals#461

Baderin, Mashood. 2011. "Law and Development in Africa: Towards a New Approach." NIALS Journal of Law and Development 1, No. 1: 1-48.

The renewed intellectual interest in Law and Development is reflected in the volume of literature on different aspects of the subject in recent times. This has, however, not been free of strong scholarly critiques highlighting the failures associated with the traditional theories and approaches of the Law and Development initiative that emerged from the United States (US) in the 1960s, in relation to the effective realization of socio-economic development in the developing world generally and in Africa particularly.

http://nials-nigeria.org/pub/Prof.pdf Banjo Roxas, Doren Chadee, and Ronel Erwee. 2012. "Effects of rule of law on firm performance in South Africa" European Business Review 24, No. 5, 478-492.

South Africa (SA) has undertaken significant institutional reforms since the change in its political regime in 1994. During the same period, SA has also experienced rapid economic growth. Although it is widely accepted that institutional reform generally has positive impacts on firm competitiveness and economic growth, the extent to which institutional reforms in SA have been of benefit to businesses is not well understood. The purpose of this paper is to focus specifically on the rule of law and assesses the extent to which the rule of law affects business performance.

WBG staff access link: http://www.emeraldinsight.com/journals.htm?articleid=17050849&show=abstract

9

Banks, Cyndi. 2010. “Reconstructing Justice in Iraq: Promoting the Rule of Law in a Post-conflict State” Hague Journal on the Rule of Law; 2:155-170.

Part of the US project for Iraq following its invasion was the reconstruction of the Iraqi justice system. The author discusses the various tensions, constraints and confusions in these reconstruction projects in the justice sector. In the field of rule of law programs, aid providers generally seek to establish a western style rule oriented system similar to those prevailing in their own countries but seem unaware of how to best bring about this change. An alternative approach to justice reconstruction is suggested that would be holistic and strategic, based on local knowledge and practice, and one that incorporates both top down and bottom up knowledge.

Barendrecht, Maurits. 2011. “Rule of Law, Measuring and Accountability: Problems to be Solved Bottom Up” 3 Hague Journal on the Rule of Law 281-304.

Efforts to measure the rule of law trigger a process of clarifying how the rule of law impacts people's lives. Measuring the status and progress in the field of rule of law would then require investigating what accountability mechanisms jointly produce, working together and competing with each other. The rule of law in a country may eventually be measured as the capacity to prevent and resolve the most urgent problems. Interventions can focus on specific, urgent problems; opt for the best available 'treatments' and measure progress systematically. WBG staff access link: http://journals.cambridge.org.libproxy-wb.imf.org/action/displayAbstract?fromPage=online&aid=8394475&fulltextType=RA&fileId=S1876404511200071

Bedner, Adriaan. 2013. “Developing the Rule of Law in East Asia” 5 Hague Journal on the Rule of Law 141-145.

In the East Asian context Japan, Singapore, and South Korea now serve as models of successful nation-states that other states in the region aspire to emulate, but in most countries in the region endemic corruption and factionalism make rule anything but stable and predictable. East Asian states have borrowed paradigms, ideas and laws from elsewhere which may take on quite different meanings in their new surroundings. Regional models have become more important than they were in the past, but ideas are adopted from all over the world. The rise of 'alternative' global and regional legal regimes has reinforced this process and led to a situation where states may choose to model their laws and legal institutions from a much broader range of examples than in the past. Special issue of the Hague Journal on the Rule of Law resulting from a conference called 'The State in Asia', held in Leiden from 17-19 December 2012..

10

Bedner, Adriaan. 2010. “An Elementary Approach to the Rule of Law” Hague Journal on the Rule of Law; 2:48-74.

The present article offers a conceptual framework of the rule of law. Departing from the two main functions the rule of law intends to serve – protecting citizens against the state and against one another – it dissects the various definitions in use into elements. These elements are discussed one by one and arranged in three categories: procedural elements, substantive elements and control mechanisms. Finally, the article contains suggestions on how to use this framework as a starting point for interdisciplinary research into the rule of law.

WBG staff access link: http://journals.cambridge.org.libproxy-wb.imf.org/action/displayAbstract?fromPage=online&aid=7667196

Bingham, Tom. 2011. “The Rule of Law” 7 European Constitutional Law Review; 511-516.

Britain's former senior law lord, examines the idea of rule of law as the foundation of a fair and just society, a guarantee of responsible government, an important contribution to economic growth, and the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.

Bjork, Christine and Juanita Goebertus. 2011. “NOTE FROM THE FIELD: Complementarity in Action: The Role of Civil Society and the ICC in Rule of Law Strengthening in Kenya” 14 Yale Human Rights & Development Law Journal 205.

This Note examines the nexus between international and domestic criminal justice systems. It discusses whether the International Criminal Court (ICC) can advance positive complementarity through its so-called preliminary examinations. Using Kenya as a case study, the researchers found that Kenyan NGOs did not use the ICC preliminary examination to "trigger" criminal justice reform or domestic accountability for crimes perpetrated during the post-election violence. Instead, these NGOs successfully focused on advocating for the ICC preliminary examination to turn into a formal investigation.

11

Botero, Juan Carlos, Robert L. Nelson, and Christine Pratt. 2011. “Indices and Indicators of Justice, Governance, and the Rule of Law: An Overview” Hague Journal on the Rule of Law; 3:153-169.

Throughout the past two decades, the demand for social science indicators to quantify the performance of various institutions has increased dramatically. This special issue of the Hague Journal on the Rule of Law, entirely dedicated to measurement of institutional indicators across countries, represents the outcome of a collaborative effort between the Hague Institute for the Internationalization of Law (HiiL) and The World Justice Project (WJP). In August 2010, these institutions convened in Washington, DC, a seminar with some of the leading researchers and indicator developers in the fields of governance, corruption, and access to justice. The goal of the seminar was to facilitate an open conversation about the need for, and the limitations of, cross-country institutional indicators. WBG staff access link: http://journals.cambridge.org.libproxy-wb.imf.org/action/displayAbstract?fromPage=online&aid=8394463

Cale, Whitney. 2010. “Through the Russian Looking Glass: The Development of a Russian Rule of Law and Democracy” 7 Loyola University Chicago International Law Review 93.

This Article argues that future U.S. policies must recognize Russia’s unique worldview. Specifically, Russia’s multi-faceted and storied history, and intensely fervent nationalism have formed a unique worldview that provides the lens through which to view Russia’s understanding of the rule of law and democracy. The author contends that Russia is developing a Russian vision of the rule of law and Russian style of democracy that comport with its uniquely Russian worldview.

WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/intnlwrv7&div=11&collection=journals

Carfield, Maggi. 2011. "Participatory law and development: remapping the locus of authority". University of Colorado Law Review, 82 (3-4): 739.

Argues that law and development efforts have been ineffective, at least in part, because development agencies have failed to engage communities in the process of both setting agendas and instituting programs and policies. This work argues that there must be a fundamental shift in the law and international development paradigm. Scholars and practitioners must abandon the question, how can "we" change "them" and instead begin by asking a different question: in what ways, if any, does a community want to change the rules it operates by and how can external actors assist in that process? Ultimately, this Article advocates for a participatory approach to law and development, with a focus on enhancing self-determination.

12

Chukwuma, Innocent and Eban Ebai. 2012. "Promoting the Rule of Law through Evaluation and Performance Measurement in Nigeria: Challenges and Prospects." Innovations in Rule of Law (2012): 16.

The contemporary interpretation of the doctrine of the rule of law refers to a cluster of ideas, the best known being related to the principle of legality, prescription of procedural standards in the administration of justice, the separation of powers, promotion of material justice and individual rights and the maintenance of public order. Very recently, economists and development specialists have begun to discuss the “Rule of Law” as the enforcement of private contracts. African countries, including Nigeria, have overwhelmingly subscribed to most international and regional human rights and rule of law norms and standards, ratified numerous major human rights treaties, and enshrined these norms and standards in their constitutions and national legislations. Yet, significant gaps remain in their realization. http://www.hiil.org/data/sitemanagement/media/HiiL_WJP_compilation_full_version(1).pdf?referer=http%3A%2F%2Fscholar.google.com%2Fscholar%3Fstart%3D10%26q%3DAfrica%2B%2522rule%2Bof%2Blaw%2522%26hl%3Den%26as_sdt%3D0%2C9%26as_ylo%3D2012#search=%22Africa%20rule%20law%22

Cook, Amelia and Jeremy Sarkin. 2011. “Is Botswana the Miracle of Africa? Democracy, the Rule of Law, and Human Rights versus Economic Development” 19 Transnational Law & Contemporary Problems 453.

This Article investigates the claim that Botswana is the ―Miracle of Africa in the context of its political, economic, and human rights record. It contextualizes the arguments and findings that scholars make today about Botswana‘s success in achieving economic prosperity, political stability, and sustained growth. This Article then compares these accounts to Botswana‘s record in a number of other areas, including its treatment of marginalized groups, especially the Batswana indigenous population. WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/tlcp19&div=18&collection=journals

Curott, Nicholas Adam. 2010. “Foreign Aid, the Rule of Law, and Economic Development in Africa” 11 University of Botswana Law Journal 3 (2010).

Foreign aid has failed to bring about any significant development results in the poor countries of Africa in over sixty years of existence. Instead of relying on aid, African economies should occupy themselves with creating legal institutions that are commensurate with the protection of private property and the Rule of Law, which are foremost among the institutions necessary for sustainable, long run economic growth.

WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/unbotslj11&div=3&collection=journals

13

De La Croix, David and Clara Delavallade. 2011. “Democracy, Rule of Law, Corruption Incentives, and Growth” 13 Journal of Public Economic Theory (No. 2, April 2011)155–187.

Some public investment can be diverted from its purpose by corrupt individuals. The “technology of corruption” is the ease with which rent-seekers can capture a proportion of public spending. The “concentration of political power” is the extent to which rent-seekers have more political influence than other people. One theoretical prediction is that the effects of the two institutional parameters on income growth and equilibrium corruption are different according to the constraints that are binding at equilibrium.

Erbeznik, Katherine. 2011. “Money Can't Buy You Law: The Effects of Foreign Aid on the Rule of Law in Developing Countries” 18 Indiana Journal of Global Legal Studies 873 (Summer 2011).

This Note explores some of the reasons rule of law reform efforts have stalled by drawing on the economic literature Foreign aid can provide perverse incentives for developing country governments, decreasing the incentives of governments and political elites to adopt a will to reform. In turn, this makes rule of law reform less likely to be successful.

Esmaeili, Hossein. 2011. “Nature and Development of Law in Islam and the Rule of Law Challenge in the Middle East and the Muslim World” 26 Connecticut Journal of International Law (2010-2011)

While the rule of law doctrine has become an important agenda of international law and international relations, an effective system incorporating the rule of law is presently unavailable in most Middle Eastern and Muslim countries. This paper draws on various traditional principles and recent practical implications of Islamic law as it applies in Muslim societies, analyzes the nature of law in the legal system of Islam, and investigates the possibility of gradually developing a rule of law based system in Muslim countries, without the sudden imposition of foreign codes, legal principles and legal systems. WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/conjil26&div=12&collection=journals

14

Greene, Norman L. 2012. “Many Roads To Justice: Prospects For Strengthening Access To Justice In The Middle East-North Africa (Mena) Region: Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms” 18 ILSA Journal of International & Comparative Law 455 (Spring 2012).

Even when rules are in place, the question of implementing the rules or enforcement--moving from "paper rules" to actual change--remains. Current challenges in Morocco include on the legal side, implementing the 2011 constitutional reforms and the advances in women's rights established in the 2004 Moudawana revisions to Morocco's personal status code, and improving access to justice; and on the socio-economic side, eradicating poverty, unemployment, illiteracy, and corruption. Behavioral independence, however, relates to not just whether judges are "dispassionate and free from bias, but whether they are willing to take difficult positions, to resist corruption, and to make truly independent decisions”.

Greene, Norman L., Wade Channell, Terra Lawson-Remer, Lara Goldmark, and Eugenia McGill. 2012. “Why Nations Fail: 2012 International Law Weekend Panel Addresses Law and Development Movement, Underlying Assumptions, and Challenges” ILSA Journal of International & Comparative Law 19 (2012): 419-440.

Panel discussion from the October 27, 2012, International Law Weekend' at Fordham Law School, Rule of Law and Development: Why Nations Fail and What We Can Do About I? The purposes of the panel were to explore past and present efforts to enhance international development, moving from poverty to prosperity, including best (and poor) practices, and challenges and unintended consequences, with the implications for United States foreign policy and development programming.

WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?handle=hein.journals/ilsaic19&id=483&collection=journals&index=journals/ilsaic#483

Haggard, Stephan and Lydia Tiede. 2011. The Rule Of Law And Economic Growth: Where Are We? World Development (U.K.); 39 (5):673-85, May 2011.

The rule of law is clearly a multidimensional concept, encompassing a variety of discrete components from security of person and property rights, to checks on government and control of corruption. This article reviews the theory underlying these different causal mechanisms linking the rule of law to economic growth, and provide an introduction to some outstanding measurement issues. WBG staff access link: http://www.sciencedirect.com.libproxy-wb.imf.org/science/article/pii/S0305750X10002317#

15

Hamann, Hartmut. 2012. “Can decentralization contribute to promoting rule-of-law structures? The Democratic Republic of Congo, Rwanda and Burundi as examples” Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad; 15 No. 2:32-68.

This article asks if decentralization can contribute to strengthening rule-of-law structures and – if so – what conditions need to be created to ensure that these are effective and stable. It will also address how this can be influenced by the actions of international players and raise questions on the interplay between international law, decentralization and the rule-of-law.

http://www.saflii.org/za/journals/PER/2012/16.pdf

Jensen, Kara. 2011. Obstacles to Accessing the State Justice System in Rural Afghanistan. Indiana Journal of Global Legal Studies; 18:929-950.

The United States' mission in Afghanistan is to create a stable, democratic country that will no longer serve as a stronghold for terrorist organizations. Since the U.S. takeover in 2001, most rule-of-law promotion has focused on urban centers, allowing the Taliban to gain traction in rural areas by creating its own alternative justice system. This Note discusses the primary obstacles preventing citizens in rural Afghanistan from accessing the state justice system and suggests solutions to those obstacles

John, Elijah Okon. 2011. “The Rule of Law in Nigeria: Myth or Reality?” Journal of Politics and Law; 4:211.

From the backdrop of several cases of unjustifiable arrests, unfair trials, executive lawlessness, suppression of free speech and undue domination of minorities, this paper attempts to defend the thesis that Nigerian rulers have become sybaritic in their conscious reduction of the concept of the rule of law to a mere constitutional myth and never a reality that it was intended to be. http://ccsenet.org/journal/index.php/jpl/article/view/9084

16

Krever, Tor. 2011. "The legal turn in late development theory: the rule of law and the World Bank's development model". Harvard international law journal 52(1): 287.

This Article considers the emergence of a new rule of law orthodoxy within contemporary development theory and, in particular, the World Bank’s development model. It asks how and why the Bank has embraced the rule of law discourse, and offers a brief genealogy of the rule of law within the Bank’s theorizing. It argues that the Bank’s interest in law was primarily a response to the critique and failure of its neoliberal policies and identifies the new discourse’s affinities with the rise of New Institutional Economics and “good governance” in the 1990s. Under the Bank’s view, the law’s value for economic development lies in its ability to provide a stable investment environment and the predictability necessary for markets to operate. http://www.harvardilj.org/wp-content/uploads/2011/02/HILJ_52-1_Krever1.pdf

Lincoln, Ryan S. 2011.

“Rule of law for whom? Strengthening the rule of law as a solution to sexual violence in the Democratic Republic of the Congo” Berkeley Journal of Gender, Law & Justice; 26:139.

Programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. While weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?collection=journals&handle=hein.journals/berkwolj26&type=Text&id=143

Massoud, Mark Fathi. 2013. “Legal Poverty and the Rule of Law in Strife-Torn States” 34 Whittier Law Review 34 (Winter 2013): 245-259.

Discusses how can scholars, lawyers, and policymakers in international and comparative law think more systematically about the relationship between law, poverty, and dynamics of power in the global South, particularly in authoritarian states or settings beset by political violence and civil war. Focuses on paying attention to the multiple features of law's power and on how legal tools and resources can obstruct as well as advance the goals of international development ; questioning how the promotion of international law offers a solution to the problem of poverty in the global South; and assessing the export and impact of a model of the rule of law that generally does not include moderate interpretations of religious law.

17

Mbaku, John Mukum. 2013. "Providing a Foundation for Wealth Creation and Development in Africa: The Role of the Rule of Law” Brooklyn Journal of International Law 38: 959-1297.

This research focuses on emphasizing the need to complete Africa’s transition, which began in the 1980s, and produce within each country governance structures that guarantee the rule of law; and demonstrating that while there have been significant institutional changes in the continent during the last several decades, genuine human development in Africa requires the institutionalization, in each country, of the rule of law. http://practicum.brooklaw.edu/sites/default/files/print/pdfs/journals/brooklyn-journal-international-law/volume-38/issue-3/bjil_v38iii_1.pdf

McAuliffe, Padraig. 2010. Transitional Justice and the Rule of Law: The Perfect Couple or Awkward Bedfellows? Hague Journal on the Rule of Law; 2:127-154.

The dominant scholarly assumptions are that transitional justice is a pre-condition for establishing a rule of law-based society after conflict or repression, and that transitional justice and the rule of law are mutually-reinforcing phenomena. Though the imperfect conditions of transition invariably give rise to difficult dilemmas over justice with imperfect solutions, literature in the field has downplayed or ignored the long-term impact on the administration of justice in the transitional state of the tendency of transitional responses to past human rights abuses to readily depart from the core values we associate with the rule of law. As transitional justice scholarship moves from moral-philosophical and jurisprudential preoccupations to greater empirical and interdisciplinary analysis, the sweeping normative assumptions of the past are increasingly being questioned.

WBG staff access link: http://journals.cambridge.org.libproxy-wb.imf.org/action/displayAbstract?fromPage=online&aid=7941994

McKay, John. 2011. “Power dynamics, social complexity and the rule of law in development aid: why a (social) scientific view of law should turn our focus to power” 2 Transnational Legal Theory (No. 1, 2011): 25-65

Development aid focused on fomenting the rule of law (ROL) has largely failed. This paper argues that a central reason for this failure is a deeply entrenched misunderstanding of the very nature of the ROL. Efforts at legal transplantation and institutional aid in isolation from broader social aid betrays this misunderstanding as a confused conception of law as something that stands above the social order. ROL aid too frequently participates in the distorting effect of substituting the constituency of donors for the constituency of citizens, and in picking the winners of a domestic political arena from abroad.

WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/trnsletho2&div=4&collection=journals

18

Mendonça, Helder Ferreira and André Oliveira da Fonseca. 2012. “Corruption, income, and rule of law: empirical evidence from developing and developed economies” Revista de economia política 2012; 32:305-314.

This article presents an empirical analysis based on cross-country data concerned with two points regarding corruption: (i) its effects on income; and (ii) how to mitigate corruption. An increase in rule of law represents a good strategy in the fight against corruption for developing countries. Furthermore, this study reveals that the search for increasing the human development index represents a rule of thumb for high levels of income and to control corruption.

http://www.scielo.br/scielo.php?script=sci_arttext&pid=S0101-31572012000200009&lng=en&nrm=iso

Ng, Joel. 2012. “Rule of Law as a Framework within the ASEAN Community” 5 Journal of East Asia & International Law 327, Spring 2012.

As the ASEAN moves towards its vision of a 'Community,' enforceability and consistency of legal standards, broadly the "rule of law," have drawn attention due to their impact on the predictability of social environments, with consequences for markets, people, and policy makers. This paper draws together recent findings and suggests ASEAN States have made significant progress but remain in a state of transition.

O’Connor, Sandra Day and Kim K. Azzarelli. 2011. “Sustainable Development, Rule of Law, and the Impact of Women Judges” (2010 Symposium Gender-Based Violence and Justice in Conflict and Post-Conflict Areas) 44 Cornell International Law Journal 3.

The multiplier effect is the notion that investing in women and girls not only has a positive impact on the women and girls themselves, but also on their families and the societies in which they live. The multiplier effect shows that an increase in educational opportunities for women and girls results in a decrease in child mortality rates, an increase in children's education, and an increase in the per capita income and GDP growth of nations.As women at the bottom of the pyramid emerge as critical agents of sustainable development and economic growth, women judges can play a unique and necessary role at the top of the pyramid to ensure the rule of law and access to justice for women and girls..

http://www.lawschool.cornell.edu/research/ILJ/upload/O-Connor-Azzarelli-final.pdf

19

Ogwezzy, Micheal. 2010. “Applications of the Rule of Law Approach to Economic Development” 22 Sri Lanka Journal of International Law 191.

Modern developments in the field of law and economics have revealed that the rule of law is an essential pre-requisite for economic development of a nation. There is a clear and strong causal link between respect for the rule of law and sustained economic development. It is critical that policy makers in all nations seek out ways to establish or strengthen the rule of law in their countries.

WBG staff access link: http://www.heinonline.org/HOL/Page?handle=hein.journals/sljinl22&div=22&collection=journals

Paasivirta, Esa. 2010. “Can External Programs Influence Internal Development Of The Rule Of Law? Some Observations from the European Union Perspective” University of Pittsburgh Law Review 217.

The concept of rule of law figures in different shapes and forms in international financial institutions and is a growing interest at the level of the United Nations. The offering of external incentives can bear on the political will of governments, assuming that rule of law is a matter of choice for governments. An important normative reason for this is that the Venice Commission's opinions are based on the analysis of draft laws in the light of the European Convention on Human Rights, including the practice of the Court of Human Rights, and other European and international standards.

http://lawreview.law.pitt.edu/ojs/index.php/lawreview/article/view/158/158

Peerenboom, Randall. 2010. “The Political Economy of Rule Of Law In Middle-Income Countries: A Comparison of Eastern Europe and China" 28 UCLA Pacific Basin Law Journal 64 (Fall 2010).

This is preliminary attempt to understand some of issues facing MICs as they seek to establish rule of law. Eastern European MICs and China are compared in the general issues they face, implementation gaps, and the very different performance of constitutional and regular courts. Recent debates about the role of courts in China are also discussed..

WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?handle=hein.journals/ijgls18&div=39&collection=journals&set_as_cursor=0&men_tab=srchresults#935

20

Per Bergling, Erik O. Wennerström and Richard Zajac Sannerholm. 2010. “Rule of Law in Public Administration: Problems and Ways Ahead in Post-Conflict Peace-Building” 2 Hague Journal on the Rule of Law: 171-202.

In order to more closely integrate rule of law dimensions in public administration reform, the article suggests an inventory of possible approaches, and relates these to current and future challenges and needs. The inventory comprises developing concepts of rule of law in public administration, promoting transformation of international rule of law principles to national law, facilitating institutional reforms to ensure the presence of institutions willing and able to adhere to the rule of law; the development of manuals, handbooks and other 'aids' for law-makers and administrators; developing tools for monitoring the 'qualitative' dimensions of public administration; transparency enhancement to enable individuals to enforce their rights; and improving inter-agency/sector cooperation in order to promote coordination and integrated approaches.

WBG staff access link: http://journals.cambridge.org/action/displayFulltext?type=1&fid=7942002&jid=ROL&volumeId=2&issueId=02&aid=7942001

Porter, Doug, Deborah Isser, and Louis-Alexandre Berg. 2013. “Discussion of the World Bank’s work on justice and security in fragile and conflict-affected states” 5 Hague Journal on the Rule of Law 310-344.

World Bank staff draw on their work experience to provide practical guidance on how the Bank and other donors might operationalize the WDR 2011 so as to promote the emergence of legitimate and effective institutions to manage justice and security in fragile and conflict affected states (FCS). Three propositions about how justice and security institutions develop and how donors can engage are presented. First, justice and security are not merely the remit of particular forms of institution, but rather represent core functions of all public authorities. This requires a broader view of the arenas and entry points through which development policy and programming may impact on justice and security. Second, engagements to support legitimate and effective justice and security institutions requires looking beyond the laws, procedures, skills and technologies that are the usual focus of development programs, to the processes of elite bargaining, collective struggle and normative change that shape institutions over time. Third, the impacts of development interventions on these processes extend far beyond the typically narrow remit of technical “capacity-building”. Special issue of the Hague Journal on the Rule of Law resulting from a conference called 'The State in Asia', held in Leiden from 17-19 December 2012.

21

Powell, Stephen Joseph and Ludmila Mendonça Lopes Ribeiro. 2011. “Managing the rule of law in the Americas: an empirical portrait of the effects of 15 years of WTO, MERCOSUL, and NAFTA dispute resolution on civil society in Latin America (The Human Element: The Impact of Regional Trade Agreements on the Human Rights and the Rule of Law)” University of Miami Inter-American Law Review; 42:197.

The objective of this article is to analyze the extent to which World Trade Organization (WTO), Common Market of the South (MERCOSUL), and North American Free Trade Agreement (NAFTA) disputes involving Latin American (LA) countries have assisted LA governments in perfecting the rule of law. Specifically examined are the extent to which dispute settlement facilitates the strengthening by LA governments to improve human rights and enhance civil society.

WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?handle=hein.journals/unmialr42&collection=journals&page=197#209

Quinn, Brian Jm, and Anh T.T. Vu. 2010. “Farmers, Middlemen, and the New Rule of Law Movement” 30 Boston College Third World Law Journal 273 (Spring 2010).

This paper investigates the economic relationships between farmers and middlemen in Vietnam's Mekong Delta and places it in the context of the new rule of law movement. The new rule of law movement, which has grown in the wake of the collapse of formerly centrally planned economies, argues that the rule of law is a prerequisite for economic growth and that transition economies can only succeed by adopting strong formal legal rights and institutions. The development of complex markets for fruit in the Mekong Delta in the absence of strong legal rights provides lessons for proponents of the new rule of law movement. First, in the absence of formal structures, private parties find ways of structuring transactions in order to assure contract performance. Second, development of formal legal structures is a very long term proposition with uncertain results. And finally, the experience of farmers and middlemen suggests that formal law and the development of formal legal institutions appear to trail economic development and should not therefore be considered an essential component of short-term economic reform efforts.

http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1017&context=twlj

22

Rivkin, David W. 2013. “The Impact of International Arbitration on the Rule of Law” 29 Arbitration International 327 (No. 3).

From ancient Greece through the Middle Ages and through the 20th century, businesses and states have relied on arbitration to resolve disputes, and arbitration has created and enforced a rule of law. Today, the success of the system has caused some stresses, and some have even said that the system itself is threatened. This lecture describes the history of arbitration and its development, both in private disputes and in disputes involving states. It then considers the contributions to the rule of law that international arbitration makes today in commercial disputes, investment treaty cases and even disputes between states. Finally, it looks to the future and makes suggestions about ways in which page "327"investment treaty arbitration can be improved to make sure that international arbitration continues to promote the rule of law.

Sannerholm, Richard Zajac. 2012. Looking Back, Moving Forward: UN Peace Operations and Rule of Law Assistance in Africa, 1989-2010. Hague Journal on the Rule of Law; 4:359.

This article presents a summary of two decades of UN rule of law assistance in Africa. Implementing comprehensive rule of law strategies is challenging for the UN as a whole, not least where peace operations are deployed. Such operations are deployed in situations where the rule of law is severely tested and where in such environments UN staff perform a number of critical functions, ranging from developing national rule of law plans and strategies, coordinating national and international stakeholders, advising on justice matters and providing technical expertise on specific topics. While there have been many positive developments in the UN's rule of law system over the past decade in terms of policy, practical experience and competencies earned on the ground raise a number of questions critical to the UN's future commitment to rule of law assistance in peacekeeping and peace-building.

WBG staff access link: http://journals.cambridge.org.libproxy-wb.imf.org/action/displayAbstract?fromPage=online&aid=8712361

Staats, Joseph L., and Glen Biglaiser. 2011. “The Effects of Judicial Strength and Rule of Law on Portfolio Investment in the Developing World” Social Science Quarterly. 92:609-630.

Applying existing theories relating to investment risk, this article examines the effects of judicial strength and adherence to the rule of law on portfolio investment in the developing world. Countries with higher levels of judicial strength and rule of law are more able to attract portfolio investment because they provide greater protection of property rights and a better risk environment for investors. Judicial strength and adherence to the rule of law are important determinants of portfolio investment in the developing world. WBG staff access link: http://onlinelibrary.wiley.com/doi/10.1111/j.1540-6237.2011.00784.x/abstract

23

Stewart, David. 2011. "Private international law, the rule of law, and economic development". 56 Villanova law review (3) 607.

The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law's role as a leader in the field of international commercial arbitration is mentioned.

WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?handle=hein.journals/vllalr56&id=613&collection=journals&index=journals/vllalr#613

Swenson, Geoffrey. 2011. “Building the Rule of Law in Afghanistan: The Importance of Legal Education” 3 Hague Journal on the Rule of Law 130-146.

The 'rule of law' remains an elusive commodity in Afghanistan. Securing a stable Afghanistan underpinned by the rule of law has proven exceedingly difficult despite widespread consensus in the international community This article provides an overview of the Afghan legal education by weaving together the scant existing literature and complementing it with several interviews with Afghan law professors to illuminate important historical and recent trends. It also begins to gather the baseline information urgently needed to better inform international efforts to promote the rule of law through assistance to the Afghan legal education system.

Tamanaha, Brian. 2011. "The primacy of society and the failures of law and development". Cornell International Law Journal, 44(2): 209.

Efforts at law and development have failed for decades. The underlying reasons for the failures have been understood just as long. Nevertheless, law and development initiatives are proliferating, carrying on with similarly unsuccessful projects and methods. If the reasons underlying the persistent failures are not integrated into our understanding, law and development practitioners and scholars will be standing in much the same place a generation hence.

http://www.lawschool.cornell.edu/research/ILJ/upload/Tamanaha-final.pdf

24

Tamanaha, Brian. May 2011. “The Rule of Law and Legal Pluralism in Development” Hague Journal of the Rule of Law 3(1): 1-17.

After decades of disappointing progress in building the rule of law in societies that suffer from poorly functioning legal systems, the development community has turned its attention to legal pluralism. Legal pluralism is a prominent feature in many development contexts, with both negative and positive implications for the rule of law. The negative questions revolve around whether or to what extent the presence of multiple coexisting legal forms hampers or detracts from efforts to build the rule of law. The positive questions revolve around whether alternative legal forms in situations of legal pluralism might satisfy rule of law functions that failing state legal systems are unable to provide..

Wang, Xiaozu, Lixin Colin Xu, and Tian Zhu. 2012. “Foreign direct investment under a weak rule of law” Economics of Transition 20:401-424.

Using a self-enforcing contract model to show that better economic fundamentals can help an area or a region under a weak rule of law – but with order – to attract foreign direct investments (FDIs), whereas lowering taxes does not necessarily help. Employing a cross-region Chinese dataset, there is evidence consistent with the theoretical analysis. The finding that FDI is lower in locations where domestic private firms have better access to finance and where the air quality is poor is new to the literature.

WBG staff access link: http://onlinelibrary.wiley.com.libproxy-wb.imf.org/doi/10.1111/j.1468-0351.2012.00436.x/full

Yeh, Stuart S. 2011. “Corruption and the Rule of Law in Sub-Saharan Africa” African Journal of Legal Studies 2011; 4:187-208.

The World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem of inadequate checks on political power which may subvert these reforms.

WBG staff access link: http://heinonline.org.libproxy-wb.imf.org/HOL/Page?handle=hein.journals/ajls4&id=195&collection=journals&index=journals/ajls#195