Understanding the Business of Transition in Myanmar

This chapter situates the current expansion of law and development initiatives in Myanmar within the broader history of the field of law and development. It introduces the themes in the volume by sketching out the contours of the business of transition, with a focus on local engagement and responses to law reform and rule of law promotion. It begins by situating Myanmar within the history of law and development, and focuses on the need to pay attention to the meaning local actors make of development projects. In light of this emphasis on local actors, it then looks at ‘Who's Business', that is, who are the actors involved in the business of law reform and who has a stake in these developments. This starting point is intentional, as so often the focus is on structure or institutions, which can obscure the people who inhabit and animate these institutions. It then turns ‘Back to Business', which is a reference to the failed attempt in Myanmar to shift from a socialist to market-based economy after 1988. Many of the economic and business reforms since 2011 have built on these earlier foundations in some way. This section emphasizes the importance of understanding current reforms in light of historical trajectories and past political and economic practices. In the final section on ‘Business Matters', the chapter identifies some of the distinctive features or characteristics of debates on law and development as it is playing out in relation to Myanmar. At a time when aid and business interests are closer than ever, there is an increasing emphasis on greater transparency, participation, distribution of resources, and the use of model laws and recourse to best practice. It is these concerns that arise as themes throughout the chapters in this volume