10/3/16. Session 2. Subject: Civil Code. For English Based Bachelor of Law Program (ELBBL) Lecturer: Dr. Phalthy Hap Outline

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1 Session 2 Subject: Civil Code For English Based Bachelor of Law Program (ELBBL) Lecturer: Dr. Phalthy Hap 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 1

2 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. 3 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. 4 2

3 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 September 1993) and an important law was promulgated: Criminal and Procedural Law in The root of legal assistance (4) The first election in 1993 showed other countries that Cambodia became peaceful thereby attracting investors to invest in. from developed countries always carefully look at the existing laws before deciding to invest. 6 3

4 The root of legal assistance (5) Many countries provided financial support for Cambodia to build up: Roads, bridges, Education, Human rights, Legal framework, etc. 7 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. 8 4

5 Why legal assistance? (2) Provide legal assistance Developed countries Invest Protect Developing countries 9 Why legal assistance? (3) Seek for technical assistance Developed countries Work Invest Workers Developing countries Human resources Improve capacity building Skilled workers 10 5

6 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 11 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 12 6

7 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) Cambodian law 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 7

8 Influence of aids on law (5) Civil Law Common Law Cambodian legal system Common Civil Law Law 15 Overview of Japan s Aids (1) The Japanese government is a country that helps initiate the Paris Peace Agreement in 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. 16 8

9 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. 17 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 18 9

10 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 19 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), ; -Demining of anti-personnel mines

11 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. 21 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

12 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. 23 Legal assistance (2) Phase 1: Mar Mar. 2003, training for legal practitioners, drafting of Civil Code and Code of Civil Procedure Phase 2: Mar Mar. 2008, Legislating of Civil Code and Code of Civil Procedure, drafting of ancillary laws, development of textbooks, and commentary Phase 3: Apr Mar. 2012, Improving the practices of MOJ, drafting of remaining ancillary laws, dissemination of the Codes

13 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. 25 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:

14 Legal assistance (5) Outputs of the legal assistance: Inter-ministerial Proclamation on the Registration 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, 27 Legal assistance (6) Remarkable human resource development: - Training of judge and prosecutor students: Nov Mar (235 as of January 2011) - Training of lawyer students: July June 2010 (359 as of January 2011) 28 14

15 Legal assistance (7) Five years for Legal and Judicial Development Projects ( ) 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. 29 Promulgate,-សឲ01* CC Came into effect ច3ល5ធរ7ន Promulgate,-សឲ01* CCE Came into effect ច3ល5ធរ7ន Dec. 8, 2007 Dec. 29, 2007 May 31, 2011 June 21, 2011 Dec. 21, 2011 Civil Code (CC)!មរដ%ប'(ណ* 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; 30 15

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