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Article
Exporting the Rule of Law to Mongolia: Post-Socialist Legal and Judicial Reforms
Denver Journal of International Law and Policy (2010)
  • Sebastian Roberto Astrada, American University, Washington College of Law
Abstract

This article analyzes Mongolia’s legal and judicial reforms and the efforts of international organizations and outside states to assist or encourage those reforms. Most international organizations and outside states predicate their legal assistance on establishing the “rule of law,” but they rarely operate from a developed definition of this concept. This article analyzes what the concept of “rule of law” commonly means, and establishes a cogent and tangible, and procedurally-minimalist, rule of law definition. This article then uses this formulation to analyze Mongolia’s legal and judicial reforms. Mongolia’s experiences demonstrate four important best practices for future rule of law promotion: (1) judicial independence is the cornerstone of the rule of law; (2) formal government action plans offer “more bang for your buck;” (3) public participation and sentiment is a proxy for the institutionalization of the norms and culture of the rule of law; and (4) the leverage of donor coordination pays dividends.

Disciplines
Publication Date
Summer 2010
Citation Information
Sebastian Roberto Astrada. "Exporting the Rule of Law to Mongolia: Post-Socialist Legal and Judicial Reforms" Denver Journal of International Law and Policy Vol. 38 Iss. 3 (2010)
Available at: http://works.bepress.com/sebastian_astrada/5/