The Challenges of Implementing Legal Reforms in Asia

2 May 2005 (3:30 p.m. - 5:30 p.m.)

The role of law is often not fully recognized in development discourse. Law's power to transform societies or hinder the forces of progress is not often acknowledged. Evidence that poor governance deters private sector development, reduces foreign direct investment, and increases corruption and rent seeking is well established. However, efforts to improve governance through legal and judicial interventions have lagged behind other development endeavors. Consequently, the economic benefits that could result from legal reforms and improved governance remain unrealized. We need to integrate law and justice reform into the development discourse. The rule of law is a necessary public good. Until we recognize this and act accordingly, human progress will be delayed.

The nexus between the rule of law and development becomes even more crucial in an era of increasingly aggressive globalization. Deregulation and the elimination of physical, fiscal, financial, and technical barriers and of predictive uncertainty have all helped form economic alliances between countries in order to meet new global environmental challenges and opportunities. Rules supporting just and ethical economic arrangements between diverse nations and peoples must be established. The challenge of legal reform in this era of increasing economic integration is twofold: drafting laws that will advance inclusive development and ensuring that they are implemented.

This seminar will answer some critical questions:

• How can developing countries harness the political will to make the rule of law a reality?
• Where are the opportunities for reform and how can opposition to change be overcome?
• How is law to be reformed?
• What are the attributes of a reformed judiciary?
• What are the ethical bases for legal reform, and whose voices must be heard?

Contact Us

For further information, contact Ms. Christine Lao, tel: (63-2) 632-4444 (ext. 70036), email: christinelao@adb.org