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This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
Religious freedom has achieved broad consensus as a condition for peace. Faced with reports of a rise in religious violence and a host of other social ills, public, and private actors have responded with laws and policies designed to promote freedom of religion. But what precisely is being promoted? What are the assumptions underlying this response? The contributions to this volume unsettle the assumption that religious freedom is a singular achievement and that the problem lies in its incomplete accomplishment. Delineating the different conceptions of religious freedom predominant in the world today, as well as their histories and political contexts, the contributions make clear that the reasons for violence and discrimination are more complex than is widely acknowledged. The promotion of a single legal and cultural tool meant to address conflict across a wide variety of cultures can have the perverse effect of exacerbating the problems that plague the communities often cited as falling short. -- from back cover.
This interdisciplinary volume offers a timely reflection on law, development and economics through empirical and comparative perspectives on contemporary Myanmar. The book explores the business that takes place in times of major political change through law and development initiatives and foreign investment. The expert contributors to this volume identify the ways in which law reform creates new markets, embodies hopes of social transformation and is animated by economic gain. This book is an invitation to think carefully and critically about the intersection between law, development and economics in times of political transition. The chapters speak to a range of common issues - land rights, access to finance, economic development, the role of law including its potential and its limits, and the intersection between local actors, globalised ideas and the international community. This interdisciplinary book is for students, scholars and practitioners of law and development, Asian studies, political science and international relations.
Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
This book provides a sophisticated, yet accessible, overview of the key political, economic and social challenges facing contemporary Myanmar and explains the complex historical and ethnic dynamics that have shaped the country. With clear and incisive contributions from the world’s leading Myanmar scholars, this book assesses the policies and political reforms that have provoked contestation in Myanmar’s recent history and driven both economic and social change. In this context, questions of economic ownership and control and the distribution of natural resources are shown to be deeply informed by long-standing fractures among ethnic and civil-military relations. The chapters analyse the key issues that constrain or expedite societal development in Myanmar and place recent events of national and international significance in the context of its complex history and social relations. In doing so, the book demonstrates that ethnic and cultural diversity is at the core of Myanmar’s society and heavily influences all aspects of life in the country. Filling a gap in the market, this research textbook and primer will be of interest to upper undergraduates, postgraduates and scholars of Southeast Asian politics, economics and society and to journalists and professionals working within governments, companies and other organisations.
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
With a young population of more than 52 million, an ambitious roadmap for political reform, and on the cusp of rapid economic development, since 2010 the world’s attention has been drawn to Myanmar or Burma. But underlying recent political transitions are other wrenching social changes and shocks, a set of transformations less clearly mapped out. Relations between ethnic and religious groups, in the context of Burma’s political model of a state composed of ethnic groups, are a particularly important “unsolved equation”. The editors use the notion of metamorphosis to look at Myanmar today and tomorrow—a term that accommodates linear change, stubborn persistence and the possibility of dramatic transformation. Divided into four sections, on politics, identity and ethnic relations, social change in fields like education and medicine, and the evolutions of religious institutions, the volume takes a broad view, combining an anthropological approach with views from political scientists and historians. This volume is an essential guide to the political and social challenges ahead for Myanmar.
Myanmar Media in Transition: Legacies, Challenges and Change is the first volume to overview the country’s contemporary media landscape, providing a critical assessment of the sector during the complex and controversial political transition. Moving beyond the focus on journalism and freedom of the press that characterizes many media-focused volumes, Myanmar Media in Transition also explores developments in fiction, filmmaking, social movement media and social media. Documenting changes from both academic and practitioner perspectives, the twenty-one chapters reinforce the volume’s theoretical arguments by providing on-the-ground, factual and experiential data intended to open useful dialogue between key stakeholders in the media, government and civil society sectors. Providing an overview of media studies in the country, Myanmar Media in Transition addresses current challenges, such as the use of social media in spreading hate speech and the shifting boundaries of free expression, by placing them within Myanmar’s broader historic social, political and economic context.
After decades of mismanagement and direct military rule, Myanmar’s contested transition to a more democratic government has rapidly shifted the outlook in this significant Southeast Asian nation. Since 2011, the removal of Western sanctions and new foreign investments have resulted in high rates of economic growth and an expanding middle class, albeit from a very low base. In a result unthinkable a few years earlier, former political prisoner and Nobel laureate Aung San Suu Kyi and her party, the National League for Democracy (NLD), formed a national government in early 2016. However, despite significant political and economic reforms since the liberalisation process commenced, the transition to civilian rule remains constrained by the military’s 2008 Constitution, which guarantees that it operates unfettered by civilian oversight. As a result, although some ethnic conflicts have abated, others continue to fester and new conflicts have erupted. With a daunting task ahead the NLD government has made some progress in removing the vestiges of repressive military-era laws but many remain untouched and some of the practices of the new government provide unwelcome reminders of its authoritarian history. This timely Handbook describes the political, economic, and cultural dimensions of this crucial period of transition in Myanmar. It presents explanations for contradictory trends, including those that defy some of the early narratives about the comprehensive transformation of Myanmar. The Handbook also considers the impact of major environmental, strategic, and demographic trends which help underscore that Myanmar’s development will be an ongoing task. In addition to introductory and concluding chapters by the editors, the body of the Handbook is divided into seven core sections: • Fundamentals • Spaces • Cultures • Living • Governance • International • Challenges Written by an international team of scholars, with a mix of world-leading established academics and talented emerging researchers, the Handbook provides a rigorous scholarly overview of Myanmar’s politics, economics, and society. As Myanmar opens to Western businesses and government agencies, this is an invaluable reference book that will provide a foundation for further research and offer the first port of call for scholars, students, and policy makers working on Myanmar and Asia.
This book is about the politics of Myanmar under the reformist president Thein Sein. After taking office in March 2011, Thein Sein initiated the bloodless Myanmar Spring. He was able to transform Myanmar into a more transparent and dynamic society, bring Aung San Suu Kyi and other opposition activists into the political process, initiate a peace process with the ethnic armed organizations, reintegrate Myanmar into the international community after five decades of isolation, and, most importantly, for the first time since the country regained independence in 1948, he was able to enact the peaceful transfer of power from one elected government to another. But Thein Sein also lost opportunities to deliver what the people anticipated, and he failed to bring his USDP party to victory in the 2015 election. This book is not about the successes of the Thein Sein administration. Rather, it examines the reasons behind the lost opportunities in the transition to democracy. It draws on the author’s experiences as a member of Thein Sein’s cabinet as well as on extensive interviews with other cabinet members and politicians involved in the crucial events that took place between 2010 and 2016. The book is a must-read for anyone interested in this critical period of change for Myanmar.