Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad: Next Generation Reform

RACHEL KLEINFELD
Copyright Date: 2012
Pages: 281
https://www.jstor.org/stable/j.ctt6wpj3r
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  • Book Info
    Advancing the Rule of Law Abroad
    Book Description:

    In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry.

    InAdvancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success.

    This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

    eISBN: 978-0-87003-266-0
    Subjects: Political Science

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. ACKNOWLEDGMENTS
    (pp. vii-viii)
  4. FOREWORD
    (pp. ix-xii)
    Thomas Carothers

    When one speaks to an audience in a country moving away from authoritarian rule about possible paths ahead, the surest way to elicit wide agreement and interest is to highlight the importance of the rule of law. Whereas references to democracy or market economics will provoke a debate about their value and appropriateness for the society in question, the rule of law commands near-universal respect. Different audience members may understand the term in different ways—some will hear anticorruption, others the need for basic personal security, and still others will interpret it as a broad but powerful quest for justice...

  5. CHAPTER ONE INTRODUCTION
    (pp. 1-36)

    In the winter of 1992, I traveled to St. Petersburg to live with my brother, who was working with the city’s first Russian-American theater company. Its office was located just above one of the favorite nightspots of the rising Russian mafia. Every day, we would walk to work past kiosks that had been burned out the night before—a message to shopkeepers to pay their protection money. At night we would try to avoid the burly men who had already kidnapped two of the actors, releasing them late at night, stripped, in a forest. We were among the first Americans...

  6. CHAPTER TWO GOALS: WHY ARE WE DOING THIS?
    (pp. 37-58)

    What is the United States doing paying for anticorruption folk songs to be piped into Albanian villages, or videotaping Indonesian police to deepen their appreciation for community policing? Like Bilbo Baggins, the hobbit who was plucked from his contented shire life and found himself, after a host of adventures, trapped inside a mountain fighting a terrifying army of goblins, it might well occur to us to ask how the United States and other countries involved in rule-of-law assistance got to this juncture—and whether it makes sense for them to be here.¹

    Like the unwitting hobbit on his great adventure,...

  7. CHAPTER THREE PAUSING FOR DOUBT: ARE WE REALLY BUILDING THE RULE OF LAW?
    (pp. 59-78)

    By this point, a reader may have amassed quite a few concerns. If the rule of law is at heart about power, culture, and the relationship between a state and society, what right does the United States (or any other country or international body) have to poke around and affect the delicate workings of other governments? Is this really a form of neocolonialism, in which rule-of-law rhetoric just sugarcoats efforts to augment our power, create friendly governments, and help our companies? Even if the United States or European Union mean what they say about human rights, isn’t promoting them in...

  8. CHAPTER FOUR WHAT MUST CHANGE? THE FOUR OBJECTS OF REFORM
    (pp. 79-108)

    On Salt Spring Island in Vancouver, British Columbia, local vendors sell bunches of flowers, fresh vegetables, and homemade honey. Such roadside stands dot towns the world over—but on this little Canadian isle, there is a difference. No one bothers to man the stands. They work on the honor system. Cash boxes are simply left next to the offerings, with small signs proclaiming prices. Customers walk up, take what they want, and leave their money. When my incredulous boyfriend remarked to some locals that a customer could simply steal all the wares—or the cash box itself—the islanders laughed...

  9. CHAPTER FIVE METHODS OF INTERVENTION FROM OUTSIDE
    (pp. 109-146)

    How can the United States, Europe, or another outside entity affect the laws, institutions, power structure, or social norms of another country? When asked this way, the inadequacy of studying the field solely through the lens of development aid (as the vast majority of current studies do) is obvious. Dozens of tools, from political speeches to the power of example, are available to affect other countries. While these methods encompass more than just development assistance, they are not infinite. The tools at the disposal of rule-of-law reformers can be grouped into four buckets, which constitute the main methods outsiders can...

  10. CHAPTER SIX STRATEGY AND IMPLEMENTATION: DEPLOYING TACTICS TOGETHER
    (pp. 147-180)

    In Romania, U.S. governance reformers launched a nuanced program to support local civil society groups bent on unseating their corrupt, communist-inspired leadership—just as the Pentagon decided to build military bases in poor parts of the country, providing an influx of jobs and money that bolstered the ruling government. In Albania, the EU spoke almost daily on the ills of corruption—while allowing the Ministry of Justice to steal EU development dollars with no repercussions. This is strategy gone awry. Instead of using multiple methods to bolster the rule of law, one hand destroys what the other hand is building....

  11. CHAPTER SEVEN CRAFTING A SECOND-GENERATION REFORM STRATEGY
    (pp. 181-208)

    When Angola ended its civil war in 2002 after over twenty-five years of fighting, more than half a million people had been killed. Millions of refugees had abandoned their villages and fled to the cities, trying to save their children from kidnapping and conscription into the rebel armies, or gang rape and life as a rebel “wife.” Rival militias cut off the noses and ears of public servants, looters ransacked and destroyed public buildings, and civic institutions from the courts to churches lay in ruins. In the aftermath of this devastation, USAID sponsored a program run by the U.S. Department...

  12. CHAPTER EIGHT CONCLUSION
    (pp. 209-222)

    In the 1980s, the corpses of nearly 200 murder victims were wheeled into the mortuary in Palermo, Sicily, each year. Outside its doors, the mafia operated with near impunity. Funds for schools were diverted to renovating the apartment houses of mafia bosses. Businesses were intimidated into silence and forced to pay for “protection.” Political parties were riddled with mafia ties from top to bottom; even one of Italy’s European parliamentarians was connected. The people were cowed into apathy by the strength of a system that appeared all-encompassing. At intervals, the government would organize itself to crack down. The police would...

  13. NOTES
    (pp. 223-268)
  14. INDEX
    (pp. 269-278)
  15. ABOUT THE AUTHOR
    (pp. 279-280)
  16. Carnegie Endowment for International Peace
    (pp. 281-282)
  17. Back Matter
    (pp. 283-283)