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'Judicial Systems in Transition Economies' looks at the experience of countries in Central and Eastern Europe and the Baltics (CEE) and the Commonwealth of Independent States (CIS) as they reform their legal and judicial institutions to fit the needs of a market economy. The study shows, rather disturbingly, that less progress has been made in judicial reform than in most other areas of institutional reform in these countries. The transition from socialism to capitalism requires a fundamental reorientation of legal and judicial institutions. This study reviews the environment preceding reforms, forces that provoked and supported them, and the reform agendas undertaken in these countries since 1990. Against this background, it exposes the impact of reforms, implementation gaps, and the underlying determinants of success and failure. The report examines how courts have performed, and reveals their impact on public opinion and the business environment. It provides insight into linkages among reforms as well as linkages between reforms and public demand for a fair judiciary. The authors show that while each country presents different challenges and opportunities, certain lessons apply in most settings. Their insights and data would be useful to policy makers, judicial personnel, and those involved in reforming judiciaries. The study draws on numerous data sources. These include the World Bank, the European Bank for Reconstruction and Development (EBRD, the American Bar Association-Central European and Eurasian Law Initiative (ABA-CEELI), the World Values Survey, the World Economic Forum, and the University of Strathclyde.
Papers from a workshop held at the Institute for Advanced Study, in Berlin, 2000.
Principle of the separation of powers
Global Development Finance (GDF), is the World Bank's annual review of recent trends in and prospects for financial flows to developing countries. It is an indispensable resource for governments, economists, investors, financial consultants, academics, bankers, and the entire development community. Vol I: Analysis and Outlook reviews recent trends in financial flows to developing countries. Also available as a two volume set, Vol II. Summary and Country Tables* includes comprehensive data for 138 countries, as well as summary data for regions and income groups.
Since the 1970's, there has been a progression toward market processes in nations once committed to comprehensive central economic planning. Multinational donors and individual Western countries have expended substantial resources to advise these nations about legal reforms designed to promote this progression. Despite enormous uncertainty and upheaval in the transition from planning to markets, economic liberalization remains the strategy of choice for boosting growth. Competition policy laws prohibiting various restraints of trade and creating public or private rights of action to enforce such prohibitions are common elements in the transition environment. This article examines questions about the proper scope of form of competition policy in transitional markets and about the design of legal reforms in emerging markets generally. While the proper approach to economic development in emerging markets requires analysis of a number of issues, such as identifying priorities in conditions of scarcity, developing supporting institutions, performing a careful initial assessment of existing condition, and determining the rate of change, the first issue to consider is whether competition policy -- which encompasses the policy instruments by which a nation can promote business rivalry -- deserves a high priority. This requires defining “competition policy.” Most agree that transition economies should take affirmative measures to increase business rivalry as a tool for promoting growth and that the creation of an institution to advocate pro-market solutions, including antitrust enforcement, is appropriate. However, there is disagreement over whether competition policy in emerging markets should involve the full panoply of antitrust commands found in mature competition policy systems. Careful pre-reform analysis of existing conditions in the host country and rigorous attention to how the host country will implement nominal competition policy commands is necessary for competition policy law reform to be effective. Where statutes in transition countries dictate enforcement of mature competition policy systems, there is a significant mismatch between national implementation capabilities and the demands of new competition laws. This mismatch must be confronted to decide about the correct measure of completeness and complexity in transition economy competition policy systems. Emphasis on institutional capability has significant implications for technical assistance. The successful development of competition policy institutions in transition environments requires close attention to enhancing the capacity of a wide variety of institutions, such as universities, research institutions, professional societies, and courts. Extensive, sustained contributions from foreign governments in the form of human and physical capital is the key to setting the proper institutional foundation and encouraging sensible application of new laws.
An examination of how legal and economic issues affect developing countries. Particular emphasis is placed upon Latin America, with studies of deregulation in Mexico, judicial reform in Latin America and jurisprudence of the antitrust committee in Chile.
How can property rights be protected and contracts be enforced in countries where the rule of law is ineffective or absent? How can firms from advanced market economies do business in such circumstances? In Lawlessness and Economics, Avinash Dixit examines the theory of private institutions that transcend or supplement weak economic governance from the state. In much of the world and through much of history, private mechanisms--such as long-term relationships, arbitration, social networks to disseminate information and norms to impose sanctions, and for-profit enforcement services--have grown up in place of formal, state-governed institutions. Even in countries with strong legal systems, many of these mechanisms continue under the shadow of the law. Numerous case studies and empirical investigations have demonstrated the variety, importance, and merits, and drawbacks of such institutions. This book builds on these studies and constructs a toolkit of theoretical models to analyze them. The models shed new conceptual light on the different modes of governance, and deepen our understanding of the interaction of the alternative institutions with each other and with the government's law. For example, one model explains the limit on the size of social networks and illuminates problems in the transition to more formal legal systems as economies grow beyond this limit. Other models explain why for-profit enforcement is inefficient. The models also help us understand why state law dovetails with some non-state institutions and collides with others. This can help less-developed countries and transition economies devise better processes for the introduction or reform of their formal legal systems.
The breakdown of authoritarian regimes in Eastern Europe and the incremental democratisation of such regimes is surely one of the most crucial events in the last two decades. In these contexts, the functioning of justice systems has become, more and more, one of the key aspects of the transition process. In this context, the article analyses the process of judicial reform in Slovenia, Croatia and Serbia. The article aims to explore how theoretical approaches developed by comparative judicial studies scholars fare against the evidence from the democratising process of the judiciary in such countries. Then, particular attention will be focused upon the level of institutionalization of the judicial systems, trying to explain why judicial systems in these countries continue to be poorly institutionalized.