The origins of this report lie in a letter sent by Mongolia's Prime Minister, Mr. Puntsagyn Jasrai, to the Asian Development Bank ("the ADB") in July 1993. In his letter, Mr. Jasrai referred to the essential role that a country's legal and regulatory framework plays in facilitating the effective operation of a market economy. The Prime Minister asked the ADB for technical assistance to support his Government's efforts in developing Mongolia's legal framework. He suggested that such assistance could include a study to identify gaps in the existing legal framework. "I consider," wrote Mr. Jasrai, "that the findings of such a study should prove to be of value not only to the Government but also to the donor community whose efforts in this area in the future could thereby be more carefully coordinated."
A special feature of the "law and development" project that began in early 1994 in response to the Prime Minister's request has been the cooperation it has engendered between the ADB and United Nations Volunteers. Altogether, six legal advisors have been fielded under the project. Two were engaged directly by the ADB, one as project coordinator and the other as a commercial and comparative law expert. The other four were recruited on behalf of the ADB by United Nations Volunteers. The four volunteers - from the Netherlands, Canada, New Zealand and the United States - each agreed to give their services for a period of at least one year to various branches of the Mongolian government and judiciary.
This report, although chiefly the handiwork of Ms. Stephanie McPhail, one of the United Nations volunteers, nevertheless incorporates the combined wisdom and experience of all those involved in this ADB project. It is our shared hope that the report will stimulate thought within both the Mongolian legal community and the foreign donor community on how best to achieve an effective and coordinated approach to the further development of Mongolia's legal framework.
During visits to Ulaanbaatar over the past two years, first to formulate the project and later to carry out periodic reviews, I have been assisted by the Ministry of Justice, the executing agency for the project. I particularly wish to thank Mr. N. Luvsanjav, the Minister of Justice, and his deputy, Mr. D. Sougar. Mr. A. Enkhjav, Ms. D. Haliuna and Mr. V. Bathkuu, all of the Ministry of Justice, provided encouragement and help at various stages. The support given to this project by Ms. H. Oyuntsetseg of the Ministry of Trade and Industry and Mr. D. Dembereltseren, Chief Justice of the Supreme Court, has also been appreciated.
Ross Clendon
Office of the General Counsel
Manila, October 1995
Topics 
Governance 
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