Legal Reform

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Jacqueline Sealyburke - One of the best experts on this subject based on the ideXlab platform.

  • protecting children affected by aids in the caribbean recommendations for Legal Reform in saint lucia
    2006
    Co-Authors: Jacqueline Sealyburke
    Abstract:

    This report provides recommendations for Legal Reform to enhance the protection of children orphaned or made vulnerable by AIDS in Grenada. It is an outcome of a broader research study financed by the World Bank Netherlands Partnership Program on the Legal protection of AIDS orphans and vulnerable children in the Caribbean. The research methodology consisted of extensive desk reviews of existing legislation in Grenada, Saint Lucia, Saint Vincent and the Grenadines, and Guyana, as well as in-depth interviews with key stakeholders in each of the countries. This approach facilitated the identification and critical assessment of relevant statutes as well as of the institutions charged with making them work. The detailed research findings were reported in background papers for each of the countries, on file at the World Bank.

  • protecting children affected by aids in the caribbean recommendations for Legal Reform in saint vincent and the grenadines
    2006
    Co-Authors: Jacqueline Sealyburke
    Abstract:

    This report provides recommendations for Legal Reform to enhance the protection of children orphaned or made vulnerable by AIDS in Saint Vincent and the Grenadines. It is an outcome of a broader research study financed by the World Bank - Netherlands Partnership Program on the Legal protection of AIDS orphans and vulnerable children in the Caribbean. The research methodology consisted of extensive desk reviews of existing legislation in Grenada, Saint Lucia, Saint Vincent and the Grenadines, and Guyana, as well as in-depth interviews with key stakeholders in each of the countries. This approach facilitated the identification and critical assessment of relevant statutes as well as of the institutions charged with making them work. The detailed research findings were reported in background papers for each of the countries, on file at the World Bank.

Liu Jing-lun - One of the best experts on this subject based on the ideXlab platform.

Brian J.m. Quinn - One of the best experts on this subject based on the ideXlab platform.

  • Legal Reform and its Context in Vietnam
    Columbia Journal of Asian Law, 2007
    Co-Authors: Brian J.m. Quinn
    Abstract:

    This paper places Legal Reform in the context of Vietnam's economic transition from planning to market. This paper focuses on the new role of the courts and bureaucracies in the changing economic environment. The paper offers a brief overview of Vietnam's formal Legal structures and then reviews the various avenues for dispute resolution, including informal structures. The paper attempts to understand the tensions between vertical and horizontal structures that present challenges to Reform of the Legal system.

  • Vietnam's Continuing Legal Reform: Gaining Control over the Courts
    Asian–Pacific Law & Policy Journal, 2007
    Co-Authors: Brian J.m. Quinn
    Abstract:

    While Legal Reform has been an integral part of Vietnam's economic Reform program since the start, the story of Vietnam's most recent effort at Reform of the courts and the prosecutors office begins with the Nam Cam scandal which reached high into the ranks of the public prosecutor's office, the police and the courts. The public reaction to the corruption scandal created the political impetus to quickly push the next step of Reforms. The most recent Reforms seek to centralize the administration and management of the courts, reign in the power of the prosecutors and police and create accountability within the Legal system. This paper outlines those Reforms and highlights some of the outstanding issues related to future further Reform efforts.

Aneta Borislavova Spendzharova - One of the best experts on this subject based on the ideXlab platform.

  • For the Market or ‘For Our Friends’? The Politics of Banking Sector Legal Reform in the Post-Communist Region After 1989
    Comparative European Politics, 2008
    Co-Authors: Aneta Borislavova Spendzharova
    Abstract:

    This article analyzes the political processes that have shaped Legal Reform of the banking sector in the post-communist region. The article identifies two patterns of Reform and examines Hungary and Bulgaria as examples of each pattern. The strategy for changing banking sector legislation and its implementation in Hungary has been ‘Reforming for the market,’ whereas the prevailing strategy in Bulgaria until 1997 was ‘Reforming for our friends.’ After 1997, Bulgarian governments switched to ‘Reforming for the market.’ I argue that this shift took place because of an important partisan change of the governing elites that reinforced the role of international actors and altered the elites’ relationship with important domestic stakeholders. The article shows that front-runners of banking Reform in the region such as Hungary introduced significant private ownership in the sector and, at the same time, the governing elites enhanced the state's regulatory capacity. By contrast, ‘partial Reform’ regimes such as Bulgaria until 1997 undertook limited and selective ownership change and the governing elites weakened the state's regulatory capacity, thus giving a boost to the already existing clientelism.

  • "When Does the Law Rule? The Politics of Banking Sector Legal Reform in the Post-Communist Region after 1989"
    2007
    Co-Authors: Aneta Borislavova Spendzharova
    Abstract:

    [From the introduction]. My dissertation contributes to two lively debates in comparative politics today: What factors have led to the divergent liberal and illiberal trajectories of Reform in transitional countries, and how have international actors influenced Legal Reform in the region � for better or for worse? We still need to deepen our knowledge of the processes that promote the adoption and implementation of good quality laws across different issue areas. I ask: How do governments decide whether to Reform the country's Legal framework and which course of Legal change to pursue? Which mobilized actors, both domestic and international, influence Legal change? To investigate these questions, I focus on Legal Reform of the banking sector in the post-communist region. This chapter is organized in the following way: to begin with, I outline three important lines of interpretation of the rule of law and clarify where my research fits in the broader context of the rule of law literature. In the next section, I explain why the transformation of the banking sector Legal framework is a worthwhile subject of inquiry and how it relates to broader questions raised during the transition process. After that, I present briefly the theoretical argument that I develop in my dissertation. Next, I clarify the dependent variable in my analysis: the quality of Legal Reform. The following section elaborates on the independent variables, which I have organized into two categories: the domestic determinants and the international determinants of Legal Reform. The section presenting the independent variables in my analysis also provides greater detail of the theoretical underpinnings of my project and how my research contributes to the different literatures that I use. Subsequently, I introduce two alternative hypotheses concerning the role of economic development and culture. At the end of this chapter, I describe the research methods employed in my dissertation and summarize the research hypotheses derived from my argument about the role of strategic political action in the course of Legal Reform.

Uche Ifeoma Modum - One of the best experts on this subject based on the ideXlab platform.

  • Legal Reform of the Land Use Act: Protection of Private Property Rights to Land in Nigeria
    2012
    Co-Authors: Uche Ifeoma Modum
    Abstract:

    Strong private property rights to land are recognised as fundamental to the economic growth of a country's Legal system. Legal Reform of inadequate and inefficient property rights laws is therefore essential. My thesis aims to address the lack of Legal Reform of the laws governing property rights to land in Nigeria. It does this by critically examining the Land Use Act set up as the primary body of legislation governing property rights in Nigeria.The thesis seeks to offer meaningful insights by proposing an institutional analysis of the limitations to Reform of existing laws governing property rights to land in Nigeria. Several approaches of new institutionalism are explored in analysing identified constraints which exist within formal and informal institutions. Explanations of the absence of Legal Reform are addressed through themes examining formal and informal institutional structures which limit Reform. Analyses of institutional structures highlight the significant role played by institutions in the etablishment and development of property right laws in Nigeria. An in-depth look at Nigerian private property laws and Legally recognised interests on land exposes fundamental limitations to private property rights protection of individuals within the Nigerian state. The thesis provides valuable insights and addresses institutional limitations through consideration of strategies which would enable and assist Legal Reform of Nigeria's property rights laws. The study concludes by exploring three aspects. First, it offers Reform proposals and analyses the functionality of the proposed Reform suggestions. Second, it highlights principles of policy-making redesign within formal institutions. Finally, it offers strategies to assist Reform within informal instituional structures.In short, the thesis focuses on enabling Legal Reform of Nigerian property rights laws to ensure the amendment, modification or excision of bad, inefficient laws in order to offer better protection of individuals' property rights to land.