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10/3/16
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Subject: Civil Code For English Based Bachelor of Law Program (ELBBL)
Lecturer: Dr. Phalthy Hap 2016
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Session 2
Outline • The root of legal assistance • Why legal assistance? • Influence of aids in law • Overview of Japan’s aids • Legal assistance • Civil Code and Law on Civil Code
Enforcement 2
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The root of legal assistance (1)
• The lack of laws, • The lack of human resources, • After the collapse of the Khmer
Rouge regime, it is mainly recognized that Cambodian laws were influenced by Vietnamese assistance.
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The root of legal assistance (2)
• The Vietnamese assistance did not however affect much on ordinary people’s mind because Cambodia was a closed market system. • Then when Cambodia introduced a
free market system, it is necessary that the rule of law be respected.
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The root of legal assistance (3) • The Paris Peace Agreement in 1991 is
the root of all kinds of foreign assistance. • Under the Paris Peace Agreement,
United Nations Transitional Authority in Cambodia (UNTAC) was formed (February 1992 - September 1993) and an important law was promulgated: Criminal and Procedural Law in 1992
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The root of legal assistance (4)
• The first election in 1993 showed other countries that Cambodia became peaceful thereby attracting investors to invest in. • Investors from developed countries
always carefully look at the existing laws before deciding to invest.
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The root of legal assistance (5)
• Many countries provided financial support for Cambodia to build up: Roads, bridges, … Education, Human rights, Legal framework, etc.
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Why legal assistance? (1) • Without laws, it is hard for
investors to decide their investment. • Developed countries see the
benefit of investing in developing countries, but the first thing they focus on is the strong legal system.
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Why legal assistance? (2)
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Developed countries
Developing countries
Investors Investors Investors Investors Investors
Invest
Provide legal assistance
Protect
Why legal assistance? (3)
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Developed countries
Developing countries
Investors Investors Investors Investors Investors
Invest
Seek for technical assistance
Human resources
Workers Skilled workers
Work
Improve capacity building
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Influence of aids on law (1) The influence of foreign donors towards the draft of law: • Asian Development Bank (ADB)
The 2001 Land Law • WTO
Relevant laws to WTO
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Influence of aids on law (2) The influence of foreign donors towards the draft of law: • Japanese donors
Civil Code Code of Civil Procedure
• French donors Criminal Code Code of Criminal Procedure
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Influence of aids on law (3) The influence of foreign donors towards the draft of law: • A rush of adopting Expropriation Law
(only one day discussion in the National Assembly, Dec. 29, 2009) Pressure from international community Fulfilling the desires of international
community 13
Influence of aids on law (4) • Cambod ian l aw has long been
experienced in civil law traditions, but recent legal development: Some laws were drafted under the support
of common law countries, Some laws were drafted under the support
of Japan, Some laws were drafted under the support
of France. 14
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Influence of aids on law (5)
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Civil Law Common Law
Cambodian legal system
Civil Law Common Law
Overview of Japan’s Aids (1) • The Japanese government is a country
that helps initiate the Paris Peace Agreement in 1991. • Since the United Nations Transitional
Authority in Cambodia (UNTAC) started in Cambodia in 1992, the Japanese government sent some staff working for UN to work in Cambodia.
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Overview of Japan’s Aids (2) • Japan has set up 3 pillars of assistance
priority for Cambodia: Strengthening of economic base, Promotion of social development, Strengthening of governance.
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Overview of Japan’s Aids (3) • Basis for economic activities
includes: -Road network system: Chroy Changvar Bridge: 1966, 1994 Kizuna Bridge: 2001 Neak Leung Bridge: coming soon Roads
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Overview of Japan’s Aids (4) • Basis for economic activities
includes: -Port system: Sihanouk Ville Port -Electricity supply system -ICT infrastructure -Logistical system -Strengthening of the private sector -Agriculture and rural development
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Overview of Japan’s Aids (5)
• Promotion of social development -Water supply and sewage systems, -Health sector, -Education quality: Secondary School Teacher Training Project in Science and Mathematics (STEPSAM), 2000-‐2004; -Demining of anti-personnel mines.
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Overview of Japan’s Aids (6) • Strengthening of governance
-the support of drafting Civil Code and Code of Civil Procedure -the support of public financial management and the policy making, system improvement and human resource development in the field of national tax and customs.
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Overview of Japan’s Aids (7) • The total grant for infrastructure
rehabilitation and development, and for human resource training in Cambodia as of 2010 reached USD1,900 million. • Japan provided scholarship for
Cambodian students since 1992. 22
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Legal assistance (1) • After focusing much on road
infrastructure, Japan has turned attention to legal system. • Legal assistance started in 1999
having three phases to contribute to legal and judicial development.
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Legal assistance (2) • Phase 1: Mar. 1999-Mar. 2003, training for
legal practitioners, drafting of Civil Code and Code of Civil Procedure • Phase 2: Mar. 2004-Mar. 2008, Legislating
of Civil Code and Code of Civil Procedure, drafting of ancillary laws, development of textbooks, and commentary • Phase 3: Apr. 2008-Mar. 2012, Improving
the practices of MOJ, drafting of remaining ancillary laws, dissemination of the Codes.
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Legal assistance (3) • Under the support of Japanese Gov’t
Cambodian team and Japanese experts worked together to draft the Civil Code and Code of Civil Procedure.
Japanese experts came to Cambodia. Cambodian teams were sent to Japan to get
experience from Japanese legal system.
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Legal assistance (4) • Outputs of the legal assistance:
Code of Civil Procedure: Jul. 6, 2006 (applicable 1 year after)
Civil Code: Dec. 8, 2007 (applicable on Dec. 21, 2011)
Law on Application of Civil Code: May 31, 2011 (applicable on Dec. 21, 2011)
Law on Non-Litigation Civil Procedure: 2008
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Legal assistance (5) • Outputs of the legal assistance:
Inter-ministerial Proclamation on the Registrat ion of Immovable Property Concerning Code of Civil Procedure,
May 3, 2011 Inter-ministerial Proclamation on Procedure of
the Registration of Real Rights Concerning the Civil Code: April 29, 2013
Complementary to Code of Civil Procedure, Civil Code, Law on Civil Code Enforcement, …
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Legal assistance (6) • Remarkab le human resource
development: -‐ Training of judge and prosecutor
students: Nov. 2005-Mar. 2012 (235 as of January 2011)
-‐ Training of lawyer students: July 2001-June 2010 (359 as of January 2011)
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Legal assistance (7) • Five years for Legal and Judicial
Development Projects (2012-2017) supported by JICA, Japan.
• Four working groups are formed: -‐ Ministry of Justice, -‐ Royal Academy and Judicial Professions. -‐ Bar Association of the Kingdom of
Cambodia, -‐ Royal University of Law and Economics.
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Dec. 8, 2007 Dec. 29, 2007 May 31, 2011 June 21, 2011 Dec. 21, 2011
Civil Code (CC)
!មរដ%ប'(ណ*
Promulgate ,-សឲ01*
CC Came into effect ច3ល5ធរ7ន
Law on Civil Code Enforcement (CCE) ច9ប:ស;*ព*-រអន>វត;!មរដ%ប'(ណ*
CC & CCE were applicable !មរដ%ប'(ណ* នAងច9ប:ស;*ព*-រអន>វត;!មរដ%ប'(ណ*Cប:D;Eមអន>វត;
Promulgate ,-សឲ01*
CCE Came into effect ច3ល5ធរ7ន
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Thank you!!!
QuesPons and Answers Contact:
[email protected] www.phalthy.wordpress.com
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