Despite claims by international donor agencies that judicial reform efforts in Mongolia have been a great success, this Article argues that Mongolian courts continue to grossly lack integrity, transparency, and accountability-and are perceived by the Mongolian public as more corrupt today than when donor-funded judicial reform efforts began almost a decade ago. This Article further argues that the failure of judicial reform in Mongolia stems in significant part from the "capture" of donor-funded judicial reform efforts by elites within the Mongolian judicial sector. It concludes that the inherent tendency for project capture in the "institution-building" approach to judicial reform that international donor agencies favor should add to calls to limit the approach in favor of bottom-up efforts to push for meaningful judicial reform.
Rotten to the Core: Project Capture and the Failure of Judicial Reform in Mongolia,
U. Pa. E. Asia L. Rev.
Available at: http://scholarship.law.upenn.edu/ealr/vol4/iss2/3