TY - JOUR
T1 - The nature of the disciplinary system over Myanmar lawyers
T2 - differences from international standards and implications for international legal transplants
AU - Liljeblad, Jonathan
N1 - Publisher Copyright:
© 2021 Informa UK Limited, trading as Taylor & Francis Group.
PY - 2021
Y1 - 2021
N2 - International organizations such as the International Bar Association (IBA), International Commission of Jurists (ICJ), and United Nations (UN) have been engaged in efforts to reform Myanmar's laws regarding the legal profession as part of larger rule-of-law initiatives in the country. Part of such efforts are strategies to change professional conduct rules to match international practices in the regulation of lawyers. The present analysis focuses on the disciplinary mechanisms for lawyers in Myanmar. The analysis seeks to determine the extent to which Myanmar's existing disciplinary mechanisms for lawyers deviate from international standards held by the IBA, ICJ, and UN. The analysis argues that the structural nature of Myanmar’s disciplinary system renders it incapable of meeting international expectations because it sustains British colonial laws that centralized power over lawyers underneath institutions of the state. The analysis identifies the significance of these deviations for international legal transplant efforts.
AB - International organizations such as the International Bar Association (IBA), International Commission of Jurists (ICJ), and United Nations (UN) have been engaged in efforts to reform Myanmar's laws regarding the legal profession as part of larger rule-of-law initiatives in the country. Part of such efforts are strategies to change professional conduct rules to match international practices in the regulation of lawyers. The present analysis focuses on the disciplinary mechanisms for lawyers in Myanmar. The analysis seeks to determine the extent to which Myanmar's existing disciplinary mechanisms for lawyers deviate from international standards held by the IBA, ICJ, and UN. The analysis argues that the structural nature of Myanmar’s disciplinary system renders it incapable of meeting international expectations because it sustains British colonial laws that centralized power over lawyers underneath institutions of the state. The analysis identifies the significance of these deviations for international legal transplant efforts.
UR - http://www.scopus.com/inward/record.url?scp=85099238060&partnerID=8YFLogxK
U2 - 10.1080/09695958.2020.1867148
DO - 10.1080/09695958.2020.1867148
M3 - Article
SN - 0969-5958
VL - 28
SP - 181
EP - 198
JO - International Journal of the Legal Profession
JF - International Journal of the Legal Profession
IS - 2
ER -