PUBLIC AND PRIVATE JUSTICE- DISPUTE RESOLUTION IN MODERN SOCIETIES Establishing a Fair and Efficient Justice System
obvious. No one would challenge a legislator’s legitimate right to improve things that deserve improvement. It is important, however, to study carefully the reasons why an international text is formulated in a certain way and the rationale for the policy choices it makes. A certain level of variation – for instance to ensure conformity with the local drafting style or to better reflect local economic conditions or legal tradition – may be appropriate, or even necessary, where the primary purpose of adopting an international model is to modernize the law. Changing the text of a model law to conform to the local style of drafting or to fit squarely the legal status quo may be rather counter-productive, however, if one of the purposes of the new law is to make business in the country more attractive to the foreign lawyer.
“There is a new global deal on the table: When developing countries fight corruption, strengthen their institutions, adopt market-oriented policies, respect human rights and the rule of law, and spend more on the needs of the poor, rich countries can support them with trade, aid, investment and debt relief.” (Kofi Annan, “Help by Rewarding Good Governance”, International Herald Tribune, Wednesday, 20 March 2002, p. 8.)