American Trust Law in a Chinese Mirror
![handle is hein.journals/mnlr94 and id is 614 raw text is: Article
American Trust Law in a Chinese Mirror
Frances H. Fostert
INTRODUCTION
American legal missionaries have left their mark on post-
9/11 Afghanistan and Iraq.1 Under the banner of democracy
and the rule of law,2 U.S. legal professionals of every stamp
have launched an ambitious effort to transform the Afghan and
t Edward T. Foote II Professor of Law, Washington University School of
Law. A.B., Princeton University, 1977; M.A., J.D., Yale University, 1981;
J.S.D., Stanford University, 1987. I thank Lynn LoPucki for comments on ear-
lier drafts of this Article, and John Balzano for his assistance with research. I
owe a special debt of gratitude to Wei Luo, Director of Technical Services,
Washington University School of Law Library, for his tireless efforts to pro-
vide me with the latest Chinese-language trust law materials. Unless other-
wise indicated, all translations are by the author. Copyright 0 2010 by
Frances H. Foster.
1. See, e.g., Chuck Marsh, Air Force 'Legal Eagles'Meet With Afghan Mil-
itary Legal Leaders, ARMED FORCES INFO. SERVICE, Aug. 23, 2006, http://www
.militaryconnection.com/news/august-2006/afghan-legal-leaders.html (report-
ing that Lindsay Graham, South Carolina Senator and appellate judge in the
Air Force Reserve, explained his goals for a two-day military law training se-
minar in Kabul thus: The purpose behind my visit and this whole effort is to
get the Afghan military to buy into the rule of law .... The military can (then)
spread it to the country.).
2. See Jim Phipps et al., Middle Eastern Law, 38 INT'L LAW. 703, 704
(2004) (describing ABA Middle Eastern Law Committee members' assistance
with rule of law and judicial reform activities in Afghanistan and Iraq); Ca-
rolee Walker, Afghan Women Judges Pursue Legal Training in the United
States, AMERICA.GOV, June 23, 2006, http://www.america.gov/st/washfile
-englishl2006/June/20060622183516bcreklawO.424206.html (quoting Ambas-
sador Steve E. Steiner, chair of a roundtable discussion with Afghan judges, as
stating that [tihe United States remains firmly committed to assisting Afg-
hanistan in its remarkable journey toward a strong democracy where all citi-
zens enjoy equal rights and can aspire to economic prosperity); see also
Phipps et al., supra, at 712 (noting that [tihis friendly advice may have
pragmatic objectives as well, and stating that [t]he bottom line is that the
New Iraq will pursue policies that are friendly to America and will remain
amenable to American persuasion and influence in such areas as economics,
trade, foreign affairs, and security, to name a few).
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