Kambodscha und der Kampf ums Recht Eine Fallstudie zu „Recht und Entwicklung

• Published in: Verfassung und Recht in Übersee 2008-01, Vol.41 (3), p.387-406
• Main Author: Menzel, Jörg
• Format: Article
• Language: eng ; ger
• ISSN: 0506-7286
• DOI: 10.5771/0506-7286-2008-3-387

Cambodia is a natural test case for any “law and development“ concept. Cambodia probably was the most lawless country in the 20th century during the regime of the infamous Khmer Rouge between 1975 and 1979. Cambodia was not a failed state during that time, as it had functioning power structures and a government in control, but it was a state without any modern legal structures. There was no lawmaking and there was nothing even close to courts. Law was not high on the agenda during the communist regime between 1979 and1989, but has become an important reform agenda ever since. In 1993 a liberal and democratic constitution was adopted. Many laws have been adopted since the late 1980s, particularly in recent years, but there are still loopholes and the quality of legislation still often lacks international standards. The judicial system is still considered to be flawed, characterized by incompetence, corruption and political interferences. A system of legal education has been re-established step by step, but is still struggling for quality, not to mention the lack of a culture of legal science. The reintroduction of an appropriate legal system in Cambodia is part of the extensive development-cooperation in the country. Bilateral partners and international organizations and pressure and help Cambodia in this process, sometimes fighting with each other not only about concepts, but also for influence. France and Japan have recently been major partners, preparing codes in the fields of criminal and private law. Other partners are also active, Germany among them. They all struggle with a government, which seem not always up to its own words, when it comes to hard reform of the court system or overcoming corruption. The donors' approaches themselves need some critical reconsideration, however, not with the conclusion that it would be better to drop out, but to improve strategies and make help more effective, as next generation's Cambodia deserves to live under an improved rule of law.