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70 Livingston Armytage HJRL 3 (2011)
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Judicial Reform in Asia
Case Study of ADBs Experience: 1990-2007
Livingston Armytage*
Th e central question to be addressed in this article is: what does this empirical evidence tell us about the nature and eectiveness of judicial reform in Asia?
Th is case study of the judicial reform program of the Asian Development Bank (ADB) experience 1990-2007 is framed within the global context of substantial growth, underwhelming results, and continuing evolution of approach in an ongoing search for success.
Th e case study marshals and evaluates a substantial body of new evidence from Asia which has been remarkably under-studied in the academic discourse. This body of experience contributes timely evidence of practice which is signicant in supporting a number of key propositions. First, it reveals the still evolving nature of the judicial reform enterprise. Second, it demonstrates that ADB has created some results. Th ird, it remains diffi cult to nd any evidence of success owing to the continuing conceptual fuzziness in the purpose and goals of endeavor, and the continuing lack of systematic monitoring and evaluation. Fourth, there are some tentative indications of an emerging capacity to demonstrate developmental eectiveness. While this evidence generally conforms to the global literature, the recency of endeavor in this region reveals a dynamic process of evolution, and highlights the incubation of a potentially paradigmatic shift in reform approach.
Introduction
Th is case study assesses the experience of the Asian Development Bank in undertaking judicial reform as part of its law and policy reform program across Asia since 1990.
During this period, ADB conducted some four hundred technical assistance projects, valued at approximately USD420 million, many of which involved aspects of judicial and legal reform, in addition to numerous program loans.1 These
* Director of the Centre for Judicial Studies, www.educatingjudges.com.
1 Th is estimate excludes law and justice reform loans, and other nancing facilities. Owing to mainstreaming, it is diffi cult to estimate the value of ADBs entire law and justice-related portfolio,
Hague Journal on the Rule of Law, 3 : 70105, 2011 2011 T.M.C.ASSER PRESS and Contributors doi:10.1017/S1876404511100056
Judicial Reform in Asia Case Study of ADBs Experience: 1990-2007
activities have delivered some signicant outcomes across the region, visible in terms...