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5 Hague J. on Rule L. 1 (2013)

handle is hein.journals/hagjuote5 and id is 1 raw text is: 1 Local Accounts of Rule of Law Aid: Implications for Donors Pip Nicholson & Sally Low* Law and development has a very long history. The export of legal reforms based on Western legal models to enable trade and commerce thrived in the colonial period. During the 1960s and 1970s the USA led a then 'new' law and develop- ment movement exporting American law, ostensibly to foster liberalism and democratic institutions, and forestall the spread of communism.1 Although the Cold War was essentially a contest between two economic systems and this first moment in law and development was highly ideological, it was arguably not im- mediately 'concerned with any specifically economic functions of law. It reflected a broader, more socially than economically inflected, conception of the importance of law in modernization processes.'2 After its robust critique, as a failed political experiment, and after the end of the Cold War, law and development was reclaimed and openly acknowledged as a strategy critical to the development of markets. By the 1990s law and development was 'explicitly' linked to market-led development, and later social ambitions were introduced.3 Concurrently, many donors adopted the rule of law as the focus of their projects, aiming to see legal systems reformed *This paper was developed with the support ofAustralian Research Council Grant DPO880036. We would like to acknowledge the contribution to research and analysis made by our colleague Pro- fessor Camille Cameron, now Dean, Faculty of Law, University of Windsor, Canada. Our thanks also to: Rebecca Apostolopoulos for research assistance; Nimmith Men for his participation in several interviews in Cambodia; and Teilee Kuong for comments on an earlier draft of this paper. 1 David M. Trubek and Marc Galanter, 'Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States', in: 4 Wisconsin Law Review (1974), p. 1062. 2 Scott Newton, 'Law and Development, Law and Economic and the Fate of Legal Technical Assistance', in Julia Arnscheidt (eds.), Lawmaking for Development 2004, at p. 3. 3 Katie Willis, Theories and Practices of Development 2005; Des Gasper, 'Human Rights, Hu- man Needs, Human Development, Human Security: Relationships between Four International Human Discourses', in The Hague: Institute of Social Studies ISS Working Paper (2007), at p. 19; Kerry Rittich, 'The Future of Law and Development: Second-Generation Reforms and the Incorporation of the Social', in David M. Trubek and Alvaro Santos (eds.), The New Law and Eco- nomic Development: A Critical Appraisal 2006; Alvaro Santos, 'The World Bank's Uses of the Rule of Law Promise', in Trubek and Santos, The New Law and Economic Development, at pp. 268, 75. Hague Journal on the Rule of Law, 5 : 1-43, 2013 © 2013 TM-C-ASSER PRESS and Contributors doi:10.1017/51876404512001017

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