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Begin New Search Publishing Institution Academy of Political Science Author Keith Henderson

1. Corruption in China: half-way over the Great Wall

Author:
Keith Henderson
Publication Date:
04-2007
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
Topic:
Corruption, International Law, and Politics
Political Geography:
China and Asia

2. Global Lessons and Best Practices: Fighting Corruption and Promoting the Rule of Law Through Transparency, Openness and Judicial Independence

Author:
Keith Henderson
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
IFES believes all countries, including China, should publish an annual State of the Judiciary Report that will serve as both an internal and external tool that can be used by multiple stakeholders for multiple purposes, including promoting and systematically reporting on needed reforms and key issues. It should be disseminated to the public at large, as well as to targeted stakeholders, such as the business and human rights communities, bar associations, judges, reformers, policy-makers and donors. We believe the publication and distribution of the report will increase the quality and quantity of concrete information on the judiciary, more transparency, accountability and public awareness, qualitative comparative research and valuable cross-country lessons learned and judicial competition. We invite and challenge you to demonstrate your firm commitment to the important task ahead.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China

3. Corruption in China: Half-way Over the Great Wall

Author:
Keith Henderson
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. 1 In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
Topic:
International Relations, Civil Society, and Democratization
Political Geography:
China

4. A Regional Strategy for Promoting a Free Media and Freedom of Expression in the Middle East and North Africa

Author:
Keith Henderson
Publication Date:
02-2005
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The main objective of this paper is to encourage open debate and reform action in the Middle East and North Africa (MENA) region on the need to create the legal and political enabling environment necessary to promote good governance, the Rule of Law and citizen participation. The paper notes that many of the defamation laws in the region still contain criminal penalties, including high fines and imprisonment, and that the threat and enforcement of these laws and policies leads to government censorship, self-censorship and sometimes imprisonment. These practices are now well understood as counter to international obligations and best practices as well as to the guarantees of a free media and free speech enshrined in most MENA Constitutions. The net result of these practices is a culture of secrecy that presents high barriers to sustainable economic and political reform. Collectively, this secrecy effectively muzzles open discussion and critical reform debate and makes the promotion of basic human rights and a good governance reform agenda virtually impossible.
Topic:
International Relations and Democratization
Political Geography:
Africa, Middle East, and North Africa

5. Global Best Practices: Income and Asset Disclosure Requirement for Judges: Lessons Learned from Eastern Europe and Latin America

Author:
Keith Henderson, Sandra Elena, and Procop Buruiana
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
In recent years, countries around the world have signed on to various governmental and non- governmental international and regional instruments designed to fight corruption at all levels of the State. Income and asset disclosure laws and policies have emerged as important mechanisms to promote probity and accountability in the fight against corruption. While these requirements were first imposed on the executive branch, they now are accepted as applying to members of the legislative and judicial branches as well. Income and asset disclosure, if properly designed and effectively applied, can also be an invaluable tool to strengthen judicial accountability, judicial independence and public trust in the judiciary and the Rule of Law. This paper provides a comparative overview of financial transparency for judges by testing the legal framework and practice in six Eastern European and Latin American countries against a set of core international best practices that have recently emerged.
Topic:
International Relations and Regional Cooperation
Political Geography:
Eastern Europe, South America, and Latin America

6. Regional Best Practices: Enforcement of Court Judgements: Lessons Learned from Latin America

Author:
Keith Henderson, Sandra Elena, Violaine Autheman, and Angana Shah
Publication Date:
04-2004
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
Only recently has a general global consensus emerged among development specialists that the successful, fair and effective enforcement of court judgments, both those against private parties in commercial transactions as well as those against State agencies or officials, is of critical importance to developing a Rule of Law culture and judicial independence. There is also a growing body of international jurisprudence that requires countries, under their international and regional human rights treaty obligations, as well as their own constitution, to enforce court judgments fairly and effectively and to support the independence of the judiciary. Likewise, court decisions in various countries are also beginning to articulate and enforce these closely related legal rights.
Topic:
International Relations, International Law, and Regional Cooperation
Political Geography:
South America and Latin America

7. The Cost of Resolving Small Business Conflicts: The Case of Peru

Author:
Keith Henderson and Alvaro Herrero
Publication Date:
10-2003
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The goal of this study is to analyze the impact of judicial inefficiency on small businesses in Peru. It is based on the hypothesis that chronic problems in the region's judicial systems have negative consequences on the development of micro, small and medium - sized businesses. Our analysis focuses, first, on the relationship between Small and Medium Enterprises (SMEs) and the legal system. Secondly, it investigates the decisions made by SMEs to mitigate the effects of bad court performance. Lastly, it identifies several ways in which judicial inefficiency is transferred to the business sector. The analysis also attempts to quantify the economic impact of judicial inefficiency.
Topic:
International Relations and Development
Political Geography:
Middle East, South America, and Peru