The Good Governance Quandary: The Elusive Search for Role Models

IF 0.4 Q3 LAW Law and Development Review Pub Date : 2021-10-27 DOI:10.1515/ldr-2021-0115
M. Trebilcock
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Abstract

Abstract A substantial consensus has emerged in development circles that the reason why some countries are rich and others poor is largely a reflection of the quality of their institutions – political, bureaucratic, and legal – and that countries with seriously dysfunctional institutions cannot expect to pursue a successful long-term trajectory of economic and social development. Many studies support this consensus, but institutional reform efforts for developed countries have resulted in mixed to weak results; many of these efforts have failed, for example, to establish a robust rule of law to protect the rights of citizens, publicly accountable political regimes, a meritocratic, noncorrupt, and efficient bureaucracy, and an independent media. Reportedly up to 60% of donor-assisted reforms have yielded no measurable increase in government effectiveness. It is inferred from this disappointing result that institutional transplants are often ineffective, and the path dependence, caused by accretions of the particularities of given countries’ histories, cultures, politics, ethnic and religious make-up, and geography leaves each country, for the most part, “to write its own history”.
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善治的困境:对榜样的难以捉摸的寻找
发展界已经形成了一个重要的共识,即一些国家富裕而另一些国家贫穷的原因在很大程度上反映了它们的制度质量——政治、官僚和法律——而那些制度严重失调的国家不能指望追求成功的长期经济和社会发展轨迹。许多研究支持这一共识,但发达国家的体制改革努力产生了好坏参半的结果;其中许多努力都失败了,例如,未能建立一个强有力的法治来保护公民的权利,未能建立一个对公众负责的政治体制,未能建立一个任人唯贤、廉洁高效的官僚机构,未能建立一个独立的媒体。据报道,多达60%的捐助者援助的改革没有产生可衡量的政府效率的提高。从这一令人失望的结果可以推断,制度移植往往是无效的,而由特定国家的历史、文化、政治、种族和宗教构成以及地理的特殊性所引起的路径依赖,使得每个国家在很大程度上“书写自己的历史”。
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
12
期刊介绍: Law and Development Review (LDR) is a top peer-reviewed journal in the field of law and development which explores the impact of law, legal frameworks, and institutions (LFIs) on development. LDR is distinguished from other law and economics journals in that its primary focus is the development aspects of international and domestic legal orders. The journal promotes global exchanges of views on law and development issues. LDR facilitates future global negotiations concerning the economic development of developing countries and sets out future directions for law and development studies. Many of the top scholars and practitioners in the field, including Professors David Trubek, Bhupinder Chimni, Michael Trebilcock, and Mitsuo Matsushita, have edited LDR issues and published articles in LDR. The journal seeks top-quality articles on law and development issues broadly, from the developing world as well as from the developed world. The changing economic conditions in recent decades render the law and development approach applicable to economic issues in developed countries as well as developing ones, and LDR accepts manuscripts on law and economic development issues concerning both categories of countries. LDR’s editorial board includes top scholars and professionals with diverse regional and academic backgrounds.
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