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Shifting the Legal Borderlands of Rule of Law Programs: Brazilian Cooperation Agency (ABC) and the Public Defenders' Office in East Timor

Reheem Shaila, Sapna (2019) Shifting the Legal Borderlands of Rule of Law Programs: Brazilian Cooperation Agency (ABC) and the Public Defenders' Office in East Timor. Revista Estudos Institucionais ( Journal of Institutional Studies), 5 (2). pp. 747-776. (doi:10.21783/rei.v5i2.376) (KAR id:105408)

Abstract

Compared to traditional Global North donors, who take a top-down approach to the rule of law promotion, emerging donors from the Global South take an approach of mutual cooperation. Donors from the Global South are more open to accommodating legal pluralism, as well as taking a prolonged approach of assistance. They are willing to build networks with local stakeholders drawing on their post-colonial and development trajectories. Using a case study of Brazilian legal assistance within the Public Defenders’ Office through the ABC in East Timor, the author shows how non-traditional international donors have subverted the traditional model of ‘rule of law’ assistance. This paper bridges the gap between the scholarship on South-South cooperation within development studies and the legal scholarship on law and development- focusing on the rule of law reforms. Using empirical data, the paper demonstrates the distinctive approaches undertaken by the Brazilian international acto compared to traditional Global North donors, who take a top-down approach to the rule of law promotion, while emerging donors from the Global South take an approach of mutual cooperation. Donors from the Global South are more open to accommodating legal pluralism, as well as taking a prolonged approach of assistance. They are willing to build networks with local stakeholders drawing on their post-colonial and development trajectories. Using a case study of Brazilian legal assistance within the Public Defenders’ Office through the ABC in East Timor, the author shows how non-traditional international donors have subverted the traditional model of ‘rule of law’ assistance. This paper bridges the gap between the scholarship on South-South cooperation within development studies and the legal scholarship on law and development- focusing on the rule of law reforms. Using empirical data, the paper demonstrates the distinctive approaches undertaken by the Brazilian international actors within East Timor. Further, it poses questions on the universality of the rule of law reforms advocated by traditional donors by demonstrating the emergence of peripheral interests from the engagement of donors from the Global South.

Item Type: Article
DOI/Identification number: 10.21783/rei.v5i2.376
Uncontrolled keywords: Law and Development, Rule of Reforms, South- South Cooperation
Subjects: H Social Sciences
J Political Science
J Political Science > JQ Political institutions and public administrations (Asia, Africa, Australia, Pacific Area, etc.)
J Political Science > JV Colonies and colonization. Emigration and immigration. International migration
J Political Science > JX International law
J Political Science > JZ International relations
K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Funders: King's College London (https://ror.org/0220mzb33)
Depositing User: Sapna Reheem Shaila
Date Deposited: 22 Mar 2024 12:23 UTC
Last Modified: 25 Mar 2024 10:03 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/105408 (The current URI for this page, for reference purposes)

University of Kent Author Information

Reheem Shaila, Sapna.

Creator's ORCID: https://orcid.org/0000-0002-0539-9773
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