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Enhancing International Legal Cooperation: Breaking Down Barriers

Explore the challenges and strategies for enhancing international legal cooperation, including navigating culture clashes, language barriers, and differing legal systems. Gain insights into developing trust, resolving obstacles, and combating systemic corruption.

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Enhancing International Legal Cooperation: Breaking Down Barriers

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  1. The Good Must Associate: Enhancing International Cooperation Culture Clash Breaking Down the Barriers

  2. Language and Locality • English, Chinese or any other • Procedural familiarity • Case familiarity • Foreign law and procedure • Foreign investigation • Foreign remedies

  3. Law • Common versus Civil Law Systems • Police / Prosecutorial Function • Administrative cf. Judicial Powers • Modes of investigation • Admissibility and forms of evidence

  4. Perceptions • A process of obtaining awareness and understanding of the environment • False perceptions • The “you don’t know unless you try” principle • Changing perceptions by casework • Reaching agreement

  5. Thresholds • High legal thresholds • High evidentiary thresholds • High formal thresholds • Maintaining common thresholds e.g. the need for dual criminality? • The delay threshold

  6. Resources • Capacities and capabilities • Training • Political will • Active cf. passive • Developing trust • Acceptance and denial of responsibility • Internal struggles

  7. LegalFramework • Treaties and Agreements • Domestic law • Implementation • Dealing with challenges • Keeping up to date

  8. Central Authorities • No diplomatic channels • Nopost box • Lawyers “with cultural awareness” • Lawyers “adding value” • Lawyers “taking charge”

  9. Consultation • On a fixed basis bilaterally • On a case by case basis • Transparency • Sincerity • Resolving obstacles “by looking at both sides and finding common ground” • Moving on

  10. Comity • Due recognition of foreign law and procedures • Due recognition of foreign orders • Assumption of good faith and fairness of foreign laws and procedures • Judicial “openness” • Striking the right balance

  11. TheCorruptionVirus • Staying healthy in an unhealthy environment • A new organ in a diseased body • Systemic corruption infects all • Systemic corruption blocks successful international legal cooperation • A vicious cycle of war by powerful elites

  12. Thank You Wayne Walsh Deputy Law Officer (Mutual Legal Assistance) International Law Division Department of Justice Hong Kong SAR

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