ANN SEIDMAN ROBERT B.SEIDMAN Drafting Legislation for Development:Lessons from a Chinese Project The world around,in recent years many governments tried to use the state and the legal order radically to alter their economies:In Eastern Europe and in China,from centrally planned to more or less market economies;in the Third World,from dependent colonial to independent economies;in South Africa,from apartheid to a color- blind system to meet all its people's needs.A variety of aid organiza- tions jumped in to assist.1 Lawyers and legal academics,mostly from the United States,jetted hither and yon on drafting missions, their briefcases like pigskin treasure chests,bulging with draft bills.2 This article reports on a five-year,United Nations Development Programme-financed project to assist China in drafting 22 priority laws,and in the process,to strengthen the capacity of Chinese draft- ers (the Project').3 The Project's experience may shed light on some of the theoretical and methodological debates scratched up by these wide-ranging attempts at social transformation through law.For example: ANN SEIDMAN is Adjunct Professor,Boston University School of Law and Interna- tional Development and Social Change Programme,Clark University. ROBERT B.SEIDMAN is Professor,Emeritus,Boston University School of Law. For critique,we are indebted to Professors Joseph Brodley,David Lempert and Eric Gouvin for very useful critiques,and generally to the participants in the Boston University School of Law's Thursday Seminar;mistakes are,of course,ours. 1.These included the United Nations Development Programme,which sup- ported programs in China,Laos,Vietnam and elsewhere;USAID,supporting various programs in Africa and in Eastern Europe;the World Bank,with programs in forty different countries;numerous bilateral aid agencies-for example,the Swedish aid agency,SIDA,NORSTAD (Norway),France and Australia;private NGOs (notably, the Ford Foundation,which supported law-related projects all over the world);the Asia Foundation(Cambodia and the Mekong Delta states);the American Bar Associa- tion,whose Central and East European Law Initiative project (CEELI)helped draft laws all over Eastern Europe;and even universities (e.g.,see "Symposium:The Rus- sian Petroleum Legislation Project at the University of Houston Law Center,"15 U. Houston Int'L.L.J.633 (1993)[hereinafter,"Symposium"]). 2.In some countries,their efforts seemed likely to create a dependency on for- eign aid in drafting.Cf.the Cargo Cult(During World War II,some Melanesians reportedly viewed airlifted food packages from the Allies as presents from an other- worldly being).See John G.Strelan,Search for Salvation:Studies in the History and Theology of Cargo Cults(1977);Peter Worsley,The Trumpet Shall Sound:A Study of Cargo'Cults in Melanesia(1968);Glynn Cochrane,Big Men and Cargo Cults(1970) 3. We served as Chief Technical Advisors to the Project from its inception.This paper rests on our personal experience in connection with the project. This content downloaded by the authorized user from 192.168.82207 on Thu,15 Nov 2012 12:37:41 PM All use subject to JSTOR Terms and ConditionsANN SEIDMAN & ROBERT B. SEIDMAN Drafting Legislation for Development: Lessons from a Chinese Project The world around, in recent years many governments tried to use the state and the legal order radically to alter their economies: In Eastern Europe and in China, from centrally planned to more or less market economies; in the Third World, from dependent colonial to independent economies; in South Africa, from apartheid to a color￾blind system to meet all its people's needs. A variety of aid organiza￾tions jumped in to assist.' Lawyers and legal academics, mostly from the United States, jetted hither and yon on drafting missions, their briefcases like pigskin treasure chests, bulging with draft bills.2 This article reports on a five-year, United Nations Development Programme-financed project to assist China in drafting 22 priority laws, and in the process, to strengthen the capacity of Chinese draft￾ers ('the Project').3 The Project's experience may shed light on some of the theoretical and methodological debates scratched up by these wide-ranging attempts at social transformation through law. For example: ANN SEIDMAN is Adjunct Professor, Boston University School of Law and Interna￾tional Development and Social Change Programme, Clark University. ROBERT B. SEIDMAN is Professor, Emeritus, Boston University School of Law. For critique, we are indebted to Professors Joseph Brodley, David Lempert and Eric Gouvin for very useful critiques, and generally to the participants in the Boston University School of Law's Thursday Seminar; mistakes are, of course, ours. 1. These included the United Nations Development Programme, which sup￾ported programs in China, Laos, Vietnam and elsewhere; USAID, supporting various programs in Africa and in Eastern Europe; the World Bank, with programs in forty different countries; numerous bilateral aid agencies - for example, the Swedish aid agency, SIDA, NORSTAD (Norway), France and Australia; private NGOs (notably, the Ford Foundation, which supported law-related projects all over the world); the Asia Foundation (Cambodia and the Mekong Delta states); the American Bar Associa￾tion, whose Central and East European Law Initiative project (CEELI) helped draft laws all over Eastern Europe; and even universities (e.g., see "Symposilum: The Rus￾sian Petroleum Legislation Project at the University of Houston Law Center," 15 U. Houston IntL. L. J. 633 (1993) [hereinafter, 'Symposium"]). 2. In some countries, their efforts seemed likely to create a dependency on for￾eign aid in drafting. Cf. the Cargo Cult (During World War II, some Melanesians reportedly viewed airlifted food packages from the Allies as presents from an other￾worldly being). See John G. Strelan, Search for Salvation: Studies in the History and Theology of Cargo Cults (1977); Peter Worsley, The Trumpet Shall Sound:A Study of 'Cargo' Cults in Melanesia (1968); Glynn Cochrane, Big Men and Cargo Cults (1970). 3. We served as Chief Technical Advisors to the Project from its inception. This paper rests on our personal experience in connection with the project. 1 This content downloaded by the authorized user from 192.168.82.207 on Thu, 15 Nov 2012 12:37:41 PM All use subject to JSTOR Terms and Conditions