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About International Legal Aid
The last decades have seen a shift in much of the third world as well as in Central and Eastern Europe towards the rule of law and free market economies. Developing countries are seeking integration into regional and global economies, single party states are becoming democracies and planned economies are being replaced by free market economies, collective ownership is being privatised and closed economies are becoming open and international.
This process demands extensive reforms of the legal systems of these countries since shortcomings in the system increasingly hinder transformation and integration. Deficiencies in the legal systems include, among others, abuse and manipulation of the law by the political elite, arbitrary arrests and detentions without trial, inability to establish and maintain effective sanctions for contractual breeches, corruption and ignorance of corruption, a badly functioning judiciary and partial judges, and lawlessness and criminality on the increase. It is not uncommon that the very institutions that are most vital for the guarantee of human rights are the ones that are most mistrusted by the people. A properly functioning legal system is especially important for the impoverished who otherwise lack means to demand their rights.
Experience from around the world shows us that a functioning legal system based on the rule of law is a necessary prerequisite for the establishment and maintenance of a democratic form of government and protection of human rights. The Rechstat, with a functioning and effective public administration, is also of the utmost importance in creating economically progressive and well-functioning free market economies. Even if authoritarian systems have been able to maintain strong economic growth over certain periods, it is clear that viable long-term development can only be achieved if there is also democracy and respect for human rights in the country. A well-functioning legal system creates an increased exchange of resources and increased development even within other sectors than the legal sector and improves the conditions for foreign aid in general.
Even though it is likely that all countries could develop into democracies without outside aid in a long-term perspective, it is clear that such outside support speeds up the process. The importance of the law therefore has come into focus for donators more clearly than before. An expansion of international legal aid increased in the beginning of the 1990s and the number of donators is increasing steadily.
Seeing to the nature of international legal aid, it is possible to ascertain two main areas of efforts, namely efforts aimed at strengthening the rule of law and efforts aimed towards strengthening the free market.
A properly functioning Rechstat is characterized by legal certainty, equality before the law, legal protection and access to justice. Examples of areas targeted by efforts to strengthen the rule of law are; constitutional and criminal policy reforms, strengthening of the judiciary, human rights efforts, guarantees for freedom of expression, increasing openness, anti-corruption efforts and improvements to legal aid.
Efforts to strengthen the free market are aimed at creating institutions based on regulations and control mechanisms. Such efforts include creating institutions for land and property rights as well as for contractual rights. Also included is the creation of institutions for control of market structures and regulation of admittance to and withdrawal from the market.
What is specific to international legal aid is its complexity. A legal system influences and is influenced by political, economical, social, historical and cultural conditions in a country. Furthermore, particular aspects of the legal system (sources of law, legal institutions, legal infrastructure, and legal culture) are strongly interconnected and dependent upon each other. This complexity means that efforts within international legal aid require support that is more comprehensive, long-term and persistent than for other aid efforts and that efforts must be carried out with a holistic vision. Politically, strengthening of the rule of law means that the position of the powers that be is threatened, that the space for arbitrary decision-making is reduced, that administration is made subject to the control of objective institutions and that power is centred to other sources alongside the government. Faced with an aid effort, it is therefore of particular importance to ensure that there is a genuine will to change in the receiving country and that that will is solidly anchored within a broad spectrum of decision-makers, jurist and other parties.
One problem connected to the relative “youth” of international legal aid is that there is a lack of supply of competent legal expertise that also has experience with foreign aid. This will explain even the fact that co-ordination, methodology and attitudes towards international legal aid have not developed to the extent that it has for other types of foreign aid. However, international norms for the rule of law are well developed, thus giving a stable foundation for international legal aid.
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