LAW AND DEVELOPMENT: FACING COMPLEXITY IN THE 21st CENTURY Essays in honour of Peter Slinn Edited by John Hatchard Visiting Professor, Open University, UK General Secretary, Commonwealth Legal Education Association Amanda Perry-Kessaris Lecturer in Law, Queen Mary, University of London London • Sydney • Portland, Oregon First published in Great Britain 2003 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080 Email:
[email protected] Website: www.cavendishpublishing.com Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5824 NE Hassalo Street, Portland, Oregon 97213–3644, USA Published in Australia by Cavendish Publishing (Australia) Pty Ltd 3/303 Barrenjoey Road, Newport, NSW 2106, Australia © Hatchard, J and Perry-Kessaris, A 2003 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Cavendish Publishing Limited, at the address above. You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer. British Library Cataloguing in Publication Data Data available Library of Congress Cataloguing in Publication Data Data available ISBN 1-85941-798-1 1 3 5 7 9 10 8 6 4 2 Printed and bound in Great Britain PREFACE In June 2001, Peter Slinn convened the third in a series of conferences on law and development to be held at Cumberland Lodge, Windsor Great Park, UK. Forty-five participants, who embraced a broad spectrum of opinion from the developing and developed world, attended. As this was the final time that Peter would act as Convenor, it was the wish of all present to mark the occasion by dedicating this book to him. It has been our pleasant task to oversee its editing. The book itself contains revised papers from many of the participants to the 2001 conference together with contributions from other friends and colleagues who were unable to attend but who did not wish to miss the opportunity of celebrating Peter’s contribution to the field of law and development. Indeed, one of our problems as editors has been to limit the number of contributions so as to keep the book to a manageable length. Jim Paul, one of only a handful of people who have been with Peter at all the conferences, has also kindly provided us with a fascinating foreword, highlighting the background to and themes of the Cumberland Lodge conferences, and placing Peter’s own contribution in perspective. Selected papers from the two earlier Cumberland Lodge conferences were published in the 1984 and 1992/3 issues of Third World Legal Studies. As the Guest Editor for these issues, Peter provided a lucid, compelling and (to use one of his favourite words) masterly overview of the range of issues discussed at the conferences. With some trepidation we have sought to follow in his footsteps by providing our own Introduction to the papers along the theme that so clearly emanated from the 2001 conference discussion: ‘