2004 Fiscal Year Final Research Report Summary
LAW AND DEVELOPMENT STUDY ON THE PROMOTION OF STATE GOVERNANCE BY THE INSTITUTIONAL REFORM THROUGH THE LEGAL ASSISTANCE
| Project/Area Number |
15605001
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
ガバナンス
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| Research Institution | KEIO UNIVERSITY |
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Principal Investigator |
MATSUO Hiroshi KEIO UNIVERSITY, LAW SCHOOL, PROFESSOR, 法科大学院, 教授 (50229431)
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| Project Period (FY) |
2003 – 2004
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| Keywords | DEVELOPMENT / INSTITUTIONAL REFORM / GOOD GOVERNANCE / GOVERNANCE / GOOD GOVERNMENT / LAW AND DEVELOPMENT / LEGAL ASSISTANCE / GLOBALIZATION |
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| Research Abstract |
This study has made clear that (1)the governance of the state(state governance) greatly influences the governance of the market and firm and that of the civil society. ;
(2)the institutional reform through the legal reform must be indispensable to improver the state governance. ;
(3)the international cooperation for the legal reform(legal assistance or law reform cooperation) must be quite useful to implement such an institutional reform in the age of the globalization ;
(4)the experiences derived from the legal assistance projects for the governance reform of the recipient countries must bring about useful feedbacks to the governance reform the donor countries ; and
(5)the accumulation of such legal reform operation would be the only way to establish the global governance as an ideal state of the international order of our age.
(6)This study has also analyzed (6)the legal reform projects which are undertaken by the international organizations, foreign governments and the government of Japa
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n for the promotion of governance of recipient countries. As a result, they can be classified into three categories : (i)assistance for the law reform of the recipient countries ; (ii)capacity building of the officials such as judges, prosecutors, lawyers, etc. who are responsible for the judicial system of the state ; and (iii)assistance of the promotion of the civil society. It has become evident that the projects of the category (i) and (ii) are dominant over the category (iii)that must be most difficult to actualize. Lots of difficulties in the legal assistance projects have been found such as (a)the lack of consistency and comprehensive planning, (b)the lack of information exchange and cooperation among donor countries, (c)the difficulty to keep human resources for the legal assistance projects, (d)the time limitation and the difficulty of assessment of the projects, (e)the gap of thoughts and (f)the gap of languages between the donor and recipient countries, (g)the encouragement of dependence of recipient countries.
(7)These problems, however, must be quite useful materials for the establishment of Law and Development Theory in the future. Less
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