Edited by Antonina Bakardjieva Engelbrekt and Joakim Nergelius
Chapter 3: Development Assistance in the Legal Field: Promotion of Market Economy v Human Rights
3. Development assistance in the legal field: promotion of market economy v human rights Michael Bogdan From a lawyer’s viewpoint, it is extremely satisfying that the importance of law as a pre-condition of desirable economic and social development is now generally recognised. The same developing countries, that used to ask Sweden for food, machines or medicines, ask now for assistance in producing a bankruptcy law, educating judges or publishing an official gazette. Development assistance in the field of law has become a large-scale industry, connected to the transition of many Third World countries and former communist states towards some kind of market economy and political democracy. This assistance creates, at the same time, a number of novel problems.1 Sweden is a relatively small donor in this context in comparison with some other countries and international organisations such as UNDP (United Nations Development Programme). Only about one percent of direct Swedish development aid, administered by the Swedish International Development Cooperation Agency (SIDA), relates to law and legal matters.2 Sweden used to differ from most Western countries by providing generous assistance to various ‘progressive’ regimes of preponderantly Marxist orientation, which makes Sweden a wellestablished donor in the same countries even now, after they have abandoned the Marxist economic and legal model. This does not mean, however, that the assistance to these countries’ legal development is uncontroversial. While aid in the field of promotion of human rights seems to be generally accepted, helping the recipient countries to replace their state-controlled economic systems with...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.