The recent edition of the Pacific
Rim Law and Policy Review contains several articles on Myanmar, including on
the topic of sovereign wealth funds and responsible investment.
My article is on "Rediscovering 'Law' in Myanmar: A Review of
Scholarship on the Legal System of Myanmar". The legal system of
Myanmar is an understudied area in the academic field of Asian Legal Studies.
This article provides a map of scholarship that exists on law in Myanmar
that can be built on in the future. It identifies the fields of law that have
been the object of knowledge, the key issues and arguments that have driven
research on law in Myanmar, and the central academics whose oeuvre of
publications have sustained the field. The article is organized around four
broad themes: custom, religion and the law; public law and governance;
corporate law; and the politics of law. As we begin to imagine the next
generation of legal scholarship, it is imperative for future research on
Myanmar law to be grounded in its social, political and historical context by
engaging with the existing body of social science literature on Burma Studies
more generally. The full paper is availablehere.
is currently disrupting academic publishing in a number of ways. There are disruptions to the global supply
chain for the manufacture and distribution of printed journals. The following
publishers have halted journal printing until further notice: Cambridge University Press (from 25 March
2020) Taylor & Francis (from 10 April) Some journal editors or editing boards have suspended or delayed
the review or publication process for academic journals. On the
other hand, some publishers are providing open access content for a limited
period of time. See the following links from the UNSW library and the ANU library, or select publishers websites such as OUP. The University of California Press has opened free access to all its journals until the end of June 2020 Hart Publishing is currently offering free
access for libraries to its online platform, Bloomsbury Collections,
until the end of May. To enable access for your
institution, email Hart atOnlineSalesUK@bloomsbury.com
Dr Melissa Crouch and Associate Professor Lisa Toohey of UNSW Law Faculty are undertaking a Professional Legal Education Project in Commercial and Corporate law in Myanmar (2016-2017), funded by the Asian Development Bank. Melissa Crouch is the Team leader and Legal Education and Myanmar Law expert. Lisa Toohey is the Legal Education and Commercial Law expert on the project. Emma Dunlop is the Legal Researcher and Project administrator.
The focus of the project is on improving legal education and skills integral to the transactional practice and adjudication of commercial law, at this critical time in Myanmar's transition to democracy. The project includes developing a training program for the practical legal training needs of private lawyers, government lawyers, prosecutors and judges in commercial and financial law.
In 2016, the first stage of the project has included meetings and focus group discussions with most of the major law firms - foreign and local - in Yangon. It has als…
law is an important part of access to justice because it can operate as a check
and balance on government decision-making, and provide an avenue for individuals
to seek review of government decisions.
In a report sponsored by USAID and TetraTech for their 'Promoting the Rule of Law in Myanmar' program, I emphasise the importance of administrative law in Myanmar in promoting good governance, accountability and checks on executive power. The
main avenue for judicial review of administrative action in Myanmar is the
constitutional writs under the 2008 Constitution. Since
2011, a large number of applications for the constitutional writs have been
brought to the Supreme Court. The
Writ Procedure Law 2014 was introduced to clarify the Supreme Court procedure
for handling writ cases. The constitutional writs are a new area of law and support needs to be provided to
a range of legal actors in order to take hold of the potential opportunity this