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- Title
Coordinated technical assistance: inter-organizational collaboration for better results in secured transactions law reform.
- Authors
Tramhel, Jeannette M. E.
- Abstract
In the field of secured transactions law reform, the development of international standards is largely complete. As the focus shifts towards domestic implementation, a new set of challenges arises. This article considers inter-organizational collaboration as it has evolved during the codification activities in Phase I and how it might be adapted to address several challenges frequently encountered during the course of domestic implementation in Phases II and III along the continuum of international harmonization. With examples drawn from the Organization of American States' Secured Transactions Project (2012-15), which had capacity building as its primary goal, the article examines the range of activities inherent in any major domestic law reform project undertaken with technical assistance, from the initial steps of raising awareness through to training the judiciary. To ensure domestic implementation of laws that are consistent with international standards and yield the desired outcomes of an operational secured transactions regime as demonstrated by fulsome user uptake, coordinated efforts will be required from all those involved in the process. In that respect, creating improved mechanisms for the exchange of information about the status of reforms, such as a 'single window clearing house', would be invaluable. The article concludes with reflections on the unique role of the Organization of American States, in ongoing cooperation with other entities, towards realizing the ultimate goal of secured transactions law reform and improved access to credit in the Americas. Too many cooks (unless coordinated) spoil the broth.
- Subjects
COLLATERAL security laws; LAW reform; CODIFICATION of law
- Publication
Uniform Law Review, 2017, Vol 22, Issue 4, p891
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unx038