科技报告详细信息
Alternative Dispute Resolution and the Rule of Law in International Development Cooperation
Michel, James
World Bank, Washington, DC
关键词: ABUSE;    ABUSES;    ACCESS TO JUSTICE;    ACCOUNTABILITY;    ADJUDICATORS;   
RP-ID  :  62096
学科分类:社会科学、人文和艺术(综合)
来源: World Bank Open Knowledge Repository
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【 摘 要 】

The role of alternative disputeresolution (ADR) in efforts to strengthen the rule of law isattracting increased interest in international developmentcooperation. From a development perspective, the principalinterest in this question is a concern for expanding rightsand opportunities for poor people who do not fully benefitfrom the protection of the law in their daily lives. Otherinterests in ADR, such as in commercial arbitration andcourt-annexed mediation in civil litigation, also haveimportant positive implications for development.Facilitating commerce and expediting the disposition oflawsuits are valuable services and worthwhile undertakings.However, the principal focus for development is on thenon-formal processes intended to expand access to justice.These include statutory schemes, such as the barangayjustice system in the Philippines; state-sponsored mediationcenters, such as those of the Procurador General in ElSalvador; traditional systems that provide the vast majorityof dispute-resolution services in many African countries;and systems of mediation and conciliation operated by publicand private entities throughout the world. This paperbriefly reviews the concept of development and relatedinternational cooperation. It then examines how the rule oflaw has been addressed in development programs and offerssome thoughts about the contribution of ADR for advancingthe rule of law and, in turn, contributing to humansecurity, well being, and dignity.

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