Alternative Dispute Resolution and the Rule of Law in International Development Cooperation

The role of alternative dispute resolution (ADR) in efforts to strengthen the rule of law is attracting increased interest in international development cooperation. From a development perspective, the principal interest in this question is a concern for expanding rights and opportunities for poor people who do not fully benefit from the protection of the law in their daily lives. Other interests in ADR, such as in commercial arbitration and court-annexed mediation in civil litigation, also have important positive implications for development. Facilitating commerce and expediting the disposition of lawsuits are valuable services and worthwhile undertakings. However, the principal focus for development is on the non-formal processes intended to expand access to justice. These include statutory schemes, such as the barangay justice system in the Philippines; state-sponsored mediation centers, such as those of the Procurador General in El Salvador; traditional systems that provide the vast majority of dispute-resolution services in many African countries; and systems of mediation and conciliation operated by public and private entities throughout the world. This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, well being, and dignity.

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Bibliographic Details
Main Author: Michel, James
Language:English
en_US
Published: World Bank, Washington, DC 2010-01
Subjects:ABUSE, ABUSES, ACCESS TO JUSTICE, ACCOUNTABILITY, ADJUDICATORS, ADMINISTRATION OF JUSTICE, ADMINISTRATIVE LAW, AID EFFECTIVENESS, ALTERNATIVE DISPUTE RESOLUTION, ASSETS, AUTHORITARIANISM, AUTHORITY, BEST PRACTICES, BUDGET PRIORITIES, BUSINESS CLIMATE, CITIZEN, CITIZEN PARTICIPATION, CITIZENS, CIVIL LAW, CIVIL LIBERTIES, CIVIL LITIGATION, CIVIL SOCIETIES, CIVIL SOCIETY, COMMERCIAL ARBITRATION, COMPARATIVE LAW, COMPLAINTS, CONFIDENCE, CONSTITUTIONS, CORRUPTION, COURT, COURTS, CRIME, CRIME CONTROL, CRIMINAL, CRIMINAL JUSTICE, CRIMINAL PROCEDURE, DATA COLLECTION, DECISION MAKING, DEMOCRACIES, DEMOCRACY, DEMOCRATIC ACCOUNTABILITY, DIRECT INVESTMENT, DISCRIMINATION, DISCRIMINATION AGAINST WOMEN, ECONOMIC DEVELOPMENT, ECONOMIC GROWTH, EMPOWERMENT, EQUALITY BEFORE THE LAW, EUROPEAN UNION, FINANCIAL INSTITUTIONS, FOREIGN AID, FOREIGN ASSISTANCE, FUNDAMENTAL RIGHTS, GENDER, GENDER EQUALITY, GLOBAL GOVERNANCE, GOOD GOVERNANCE, GOVERNANCE INDICATORS, GOVERNANCE INSTITUTIONS, GOVERNANCE ISSUES, GOVERNANCE PROGRAMS, GOVERNMENT EFFECTIVENESS, GOVERNMENTAL POWERS, HOME, HUMAN DEVELOPMENT, HUMAN RIGHTS, IMPERIALISM, INEQUALITIES, INEQUALITY, INFORMAL DISPUTE RESOLUTION, INFORMAL INSTITUTIONS, INITIATIVE, INSTITUTIONAL CAPACITIES, INSTITUTIONAL FRAMEWORK, INSTITUTIONAL REFORM, INTEGRITY, INTERNATIONAL COMMUNITY, INTERNATIONAL DEVELOPMENT, INTERNATIONAL LAW, INTERNATIONAL LEVELS, INTERNATIONAL SUPPORT, JUDGES, JUDICIAL REFORM, JUDICIAL REFORMS, JUDICIARY, JUSTICE, LAW AND DEVELOPMENT MOVEMENT, LAW INDEX, LAW REFORM, LAWS, LAWYERS, LEADERSHIP, LEGAL AID, LEGAL ASSISTANCE, LEGAL EDUCATION, LEGAL FRAMEWORK, LEGAL RESOURCES, LEGAL RIGHTS, LEGAL SERVICES, LEGAL STATUS, LEGAL STUDIES, LEGAL SYSTEMS, LEGISLATION, LEGITIMACY, LIBERTIES, LOCAL INSTITUTIONS, LOCAL KNOWLEDGE, MACROECONOMIC POLICIES, MEDIA, MEDIATION, NATIONAL POLICIES, NONGOVERNMENTAL ORGANIZATIONS, PER CAPITA INCOME, POLITICAL COMMITMENT, POLITICAL DEVELOPMENT, POLITICAL PARTIES, POLITICAL STABILITY, POLITICIANS, POOR PERFORMANCE, POSSESSION, PRIMARY EDUCATION, PRIORITIES, PRIVATIZATION, PROPERTY RIGHTS, PUBLIC LAW, PUBLIC POLICY, PUBLISHERS, REGULATORY QUALITY, RULE OF LAW, SEPARATION OF POWERS, SOCIAL CONDITIONS, SOCIAL DEVELOPMENT, SOCIAL INTERACTIONS, SUMMARIES, TRANSPARENCY, VIOLENCE, WILL,
Online Access:http://documents.worldbank.org/curated/en/2010/01/14250479/alternative-dispute-resolution-rule-law-international-development-cooperation
https://hdl.handle.net/10986/18106
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