【作者】约翰 K. M. 奥内佐格
【内容提要】
Why does the world need a theory of law and development? Beyond our normal interest in understanding law's relation to social life, international financial institutions ("IFIs") such as the World Bank, the International Monetary Fund ("IMF"), and the Asian Development Bank devote enormous resources to programs advocating change in the legal systems of countries under their influence. Likewise, law and development initiatives play an important role in the work of major bilateral development assistance providers such as the United States Agency for International Development ("USAID"),Germany's Gemeinschaft fir technische Zusammenarbeit ("GTZ"), and the Japan International Cooperation Agency ("JICA").More importantly, these initiatives affect the lives of billions of people in developing countries, since even governments which maintain a high degree of sovereign autonomy, such as those of China and India, can be affected by the ideas, ideologies and policies that emanate from the World Bank or other law and development actors. And while the typical initiative targets the legal system of a poor country, or one that is transitioning from a planned to a market economy, it is important to remember that South Korea was the world's eleventh largest economy and a member of the OECD when, as a result of the Asian Financial Crisis and Korea's resulting need for international assistance, its legal system became the target of IMF, World Bank, and United States pressure……