JUSTICE REFORMS AND MIGRATION OF ADR MODELS THROUGH THE “NEW” INTERNATIONAL CONDITIONALITY. THE CAMBODIAN ARBITRATION COUNCIL

Abstract

Justice reform in developing countries is one of the most important priorities of international economic organizations. That purpose is frequently followed by setting up new institutions beyond national authorities, in order to prevent the latter from interfere with the functions of the previous. Theories linking economic growth and rule of law models offer legitimization to the legal transplants, officially at the aim to meet the international standards. Some experiences – such as the Cambodian case considered in the following pages – highlights, however, that this connection is often unbalanced and the new model's regulation seeks more a productive increase than better justice in the field of fundamental rights.