commercial court in Cambodia?

List of relevant document to commercial resolution mechanisms in Cambodia:

• Establishment of commercial court, by EIC
• judicial system of Cambodia 
• establishment of commercial arbitration services in Cambodia 
• Cambodian judicial system 
• dispute resolution in Cambodia 
• Cambodian SME
• law bearing upon commercial regulation...
• Cambodian Commercial law
• establish layout N. 8...
• Cambodia to form business dispute court...
•   

some useful link on law and justice

PLAIN LANGUAGE LAW, No. 51, March 2011
Law and Justice Foundation of NSW

Past editions of the newsletter are now searchable through 'plain language law search' which contains over 800 resources. It is searchable by format (eg DVD, booklet, etc), language, law type and target group. The database is available through the Foundation's website at:http://www.lawfoundation.net.au/pllsearch

WHAT'S IN THIS EDITION
-------------------------------------------------------

COMMUNITY LEGAL EDUCATION
GUIDES TO THE LAW

------------------------------------------------------
COMMUNITY LEGAL EDUCATION

Manage your own divorce (NSW), 2011, [Workshop], Legal Aid Commission NSW, Free, 02 9219 5028
http://www.legalaid.nsw.gov.au/asp/index.asp?pgid=599
This two-hour workshop will provide information about how to complete and lodge divorce application forms, a step-by-step explaination of the divorce process and information about service of documents and the hearing. The workshop will be held on various dates throughout 2011 at Legal Aid offices in Haymarket, Bankstown, Blacktown, Campbelltown, Dubbo, Fairfield, Gosford, Newcastle, Parramatta, Penrith and Tamworth.

Social, community, home care & disability services industry award workshops (NSW), 2011, [Workshop], Office of Industrial Relations, Free, 131 628, oirinformation.services@oir.commerce.nsw.gov.au
https://www.events.industrialrelations.nsw.gov.au/clientview/DefaultSearch.aspx?SearchType=GroupSearch&CourseGroupID=33
This series of workshops held on various dates throughout NSW will look at how some of the provisions of the Social, Community, Home Care and Disability Services modern award impact on employees. Arrangements for transitioning from wage rates and penalties in the pre modern award to those in the modern award will also be discussed.

Young people and crime: panel discussion (NSW), 2011, [Workshop], Legal Information Access Centre (LIAC), Free, 02 9273 1558,liac@sl.nsw.gov.au
This panel will consist of the authors of Hot Topics 73: Young people & crime will discuss the interaction of young people with the criminal justice system. The panel discussion will be held on Tuesday 10 May 2011 at 9am and 11am at the State Library of NSW. To book contact the State Library by phone on 9273 1770 or by email at bookings@sl.nsw.gov.au.

--------------------------------------------------------------------------------------------------------------------------------------
GUIDES TO THE LAW

Activist Rights Manual (NSW), Redfern Legal Centre, 2011, [Web site], Redfern Legal Centre, Free, 02 9698 7277, info@rlc.org.au,
http://www.activistrightsmanual.com/index.html
This updated web site aims to help activists who attend political protests by providing legal and referral information. Issues covered include protesting in general, identification and being searched, public order law, being arrested and common criminal offences.

Alcohol, drugs and nightlife (NSW), 2010, 2p., [Factsheet], Shoalcoast Community Legal Centre Inc, Free, 02 4422 9529,
http://www.shoalcoast.org.au/publications/11-alcohol-drugs-and-nightlife.html
This factsheet provides information on drinking restrictions, party gate-crashers, noise restrictions, age restrictions on attending pubs and clubs and drug offences. It also provides contact details for a number of relevant organisations that can provide further information.

Budget resource kit (NSW), 2011, [Kit], Lismore Neighbourhood Centre, Free, 02 6621 7397,
http://www.lnci.org.au/budgetresourcekit.html
This kit provides information to help individuals manage budget preparation, understand credit and debt issues and address related legal problems such as dispute resolution, debt recovery and going to court. It also provides contact details for relevant agencies that can provide further information and assistance.

Coronial inquest unit (NSW), 2011, 2p., [Pamphlet], Legal Aid NSW, Free, 02 9219 5028, publications@legalaid.nsw.gov.au
http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile701.pdf
This pamphlet explains how Legal Aid can provide representation at coronial inquests and who they will represent. Details of how to apply for representation are also provided.

Disability support pension (NSW), 2011, 8p., [Pamphlet], Legal Aid NSW, Free, 02 9219 5028, publications@legalaid.nsw.gov.au
http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile703.pdf
This pamphlet provides information on how to claim a disability support pension and what to do if your claim has been refused. It also provides information for your doctor and contact details of Legal Aid offices throughout NSW.

Discrimination (Hot topics No 75) (NSW), Melanie Schleiger, 2010, 24p., [Booklet], Legal Information Access Centre, $22.00, 02 9273 1558,liac@sl.nsw.gov.au
http://www.legalanswers.sl.nsw.gov.au/hot_topics/
This edition explains what discrimination law covers including age, disability, race, marital status and pregnancy and outlines options for people who have been victims of discrimination (including how to make complaint). It outlines the sources of anti-discrimination law both internationally and in Australia.

Domestic violence and AVO issues for flood victims (NSW), 2011, 2p., [Factsheet], Women's Legal Services NSW, Free, 02 9747 7700,
http://www.womenslegalnsw.asn.au/pdfs/WLSNSW-AVO-flood-factsheet.pdf
This factsheet provides information for people protected by an AVO who have been affected by the recent flooding. It explains legal rights and options and provides contact details of various organisations that can provide further information and assistance.

Driving (NSW), 2010, 2p., [Factsheet], Shoalcoast Community Legal Centre Inc, Free, 02 4422 9529,
http://www.shoalcoast.org.au/publications/13-driving.html
This factsheet explains various legal considerations when driving including buying a car, insurance, motor vehicle accidents, driving and traffic offences. It also provides contact details for a number of relevant organisations that can provide further information.

Drugs and the law (Hot topics 59) (NSW), Steve Bolt, 2011, 2nd ed., 28p., [Booklet], Legal Information Access Centre (LIAC), $22.00, 02 9273 1558, liac@sl.nsw.gov.au
http://www.legalanswers.sl.nsw.gov.au/guides/drugs/index.cfm
This updated issue covers drug laws in NSW, including possession, use and supply, youth related issues, the court process, diversion from the criminal justice system and useful contacts.

Franchisee start-up checklist ( Australia), 2011, 11p., [Booklet], Australian Competition and Consumer Commission (ACCC), Free, 02 9230 9133,
http://www.accc.gov.au/content/item.phtml?itemId=750832&nodeId=ba8467e17612d806f4d0930113188140
&fn=Franchisee%20startup%20checklist.pdf
This booklet explains the Franchising Code of Conduct and outlines a checklist of things to consider before purchasing a franchise business. It also discusses avenues available for dispute resolution under the Franchising Code and the role of the ACCC.

Going to a dispute resolution conference in the children's court: information for parents and carers (NSW), 2011, 6p., [Pamphlet], Department of Justice and Attorney General, Free, 02 9228 7777 or 1800 684 449, communications@agd.nsw.gov.au
http://www.courtwise.nsw.gov.au/lawlink/childrens_court/ll_cc.nsf/vwFiles/info_parents_carers.pdf/$file/info_parents_carers.pdf
This pamphlet is aimed at parents and carers. It explains what a dispute resolution conference is, what the process is, who should attend and how to prepare for one.

Going to an independent mediation referred by the children's court: information for parents and carers (NSW), 2011, 6p., [Pamphlet], Department of Justice and Attorney General, Free, 02 9228 7777 or 1800 684 449, communications@agd.nsw.gov.au
http://www.lawlink.nsw.gov.au/lawlink/childrens_court/ll_cc.nsf/vwFiles/info_mediation_by_cc.pdf/$file/info_mediation_by_cc.pdf
This pamphlet is aimed at parents and carers. It explains what mediation is and provides information on who attends mediation, what happens at mediation and how to prepare for mediation.

Going to mediation: information for children and young people (NSW), 2011, 6p., [Pamphlet], Department of Justice and Attorney General, Free, 02 9228 7777 or 1800 684 449, communications@agd.nsw.gov.au
http://www.lawlink.nsw.gov.au/lawlink/childrens_court/ll_cc.nsf/vwFiles/info_children.pdf/$file/info_children.pdf
This pamphlet is aimed at children and young people. It explains what mediation is and provides information on who attends mediation sessions, what happens at one and how to prepare to attend one.

How to get a work and development order (WDO) (NSW Australia), 2011, 4p., [Pamphlet], Illawarra Legal Centre, Free, 02 4276 1939,
http://yfoundations.org.au/files/News/WDO%20Brochure_A4.pdf
This brochure explains what a WDO is, who is eligible for one, the types of fines covered by a WDO and how to apply for one.

Human rights and discrimination (NSW), 2010, 2p., [Factsheet], Shoalcoast Community Legal Centre Inc, Free, 02 4422 9529,
http://www.shoalcoast.org.au/publications/12-human-rights-a-discimination.html
This factsheet explains what human rights are including human rights law in Australia, children's rights and discrimination. It also provides contact details for a number of relevant organisations that can provide further information.

New tenant checklist (NSW), 2011, [Web page], NSW Office of Fair Trading, Free, 13 32 20 / 1300 723 404,
http://www.fairtrading.nsw.gov.au/Tenants_and_home_owners/Renting_a_home/New_tenant_checklist.html
This checklist outlines what tenants should know before signing a lease including arrangements for repairs, paying upfront costs and moving in requirements. It also includes tips for problem-free renting.

Parenting and child support issues for flood victims (NSW), 2011, 3p., [Factsheet], Women's Legal Services NSW, Free, 02 9747 7700,
http://www.womenslegalnsw.asn.au/pdfs/WLSNSW-FL-flood-factsheet.pdf
This factsheet is for people under a parenting order or parenting plan who have been affected by the recent flooding. It provides information about family law parenting issues and child support, it explains legal rights and options and what to do if an order/plan cannot be obeyed. It also lists contact details of other organisations that can provide further information and assistance.

Rural landholder's guide to environmental law in New South Wales (NSW), 2011, 3rd ed., 108p., [Book], Environmental Defender's Office (NSW) Ltd, Free, 02 9262 6989, education@edo.org.au
http://www.edo.org.au/edonsw/site/pdf/pubs/rural_landholders_3rd_ed.pdf
This updated guide aims to increase understanding of the legal rights and obligations of a landowner with regard to the management of land in accordance with environmental and natural resource management law. Topics covered include vegetation, bushfire and water management, protected plants and animals, development consent, pollution, agricultural chemicals, crops and stock, mining and quarrying and heritage protection.

Sorting out your electricity, gas and water bills (NSW), 2011, 2p., [Factsheet], Energy and Water Ombudman NSW, Free,
http://www.ewon.com.au/ewon/assets/File/Publications/EWON_Factsheets/SortingOutYourElectricityGasAndWaterBills.pdf
This updated factsheet gives an overview of issues encountered when paying electricity, gas and water bills, including opening and closing accounts, security deposits, pensioner rebates, unpaid bills, connection and disconnection and payment plans.

Tenancy reforms 2011, [Web page], NSW Office of Fair Trading, Free, 13 32 20 / 1300 723 404,
http://www.fairtrading.nsw.gov.au/About_us/News_and_events/Tenancy_reforms.html
This web page includes information on the new tenancy laws introduced on 31 January 2011. It includes information for tenants and landlords, new standard forms and video presentations on the new laws.

Veterans advocacy service (NSW), 2010, 6p., [Pamphlet], Legal Aid NSW, Free, 02 9219 5028, publications@legalaid.nsw.gov.au
http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile131.pdf
This pamphlet explains services provided to veterans, defence force personnel and their dependants including legal advice, assistance with completing forms and lodging appeals and representation at boards, tribunals and courts.

Why make a will? (NSW), 2011, 4p., [Pamphlet], Legal Aid NSW, Free, 02 9219 5028, publications@legalaid.nsw.gov.au
http://lacextra.legalaid.nsw.gov.au/Publications/FileUpload/Doc/ImprintFile698.pdf
This pamphlet for older people explains what a will is, appointing an executor, changing a will, challenges to a will, who can make a will and the costs involved. It also provides contact details for other organisations that can provide further information and assistance.

Your consumer rights: environmental claims ( Australia), 2011, 2p., [Factsheet], Australian Competition and Consumer Commission (ACCC), Free, 02 9230 9133,
http://www.accc.gov.au/content/item.phtml?itemId=808269&nodeId=06cf55664c677258de1abffd4e5641c9
&fn=Your%20consumer%20rights,%20environmental%20claims.pdf
This factsheet explains changes to the Competition and Consumer Act 2010 which came into effect on 1 January 2011. It explains what an environmental claim is, possible breaches of the Australian Consumer Law by businesses making environmental claims and the role of the ACCC regarding breaches of the Act.

-------------------------------------------------------
Plain Language Law is produced by Erika Murray and Abigail Gray, Law and Justice Foundation of NSW, (02) 8227-3200, with assistance from the Legal Information Access Centre (LIAC). To find NSW plain language legal resources in particular subject areas contact LIAC (02) 9273 1558 or check the web at http://www.liac.sl.nsw.gov.au or call LawAccess on 1300 888 529 or check their website at: http://www.lawaccess.nsw.gov.au.

Cambodia parliament passes controversial anti-corruption bill

[JURIST] The Cambodian parliament [official website] passed a controversial anti-corruption bill Wednesday meant to further transparency in government while opposition parties staged a walkout, saying the new law would stifle criticism and foster corruption. The law will create a national anti-corruption council to oversee investigators, but critics have said that the lack of independence from the government is troubling. Members of the opposition Sam Rainsy Party (SRP) [party website] and foreign NGOs criticized [Phnom Penh Post report] the law because it could potentially punish whistle blowers with prison terms, and does not require government officials and their spouses to disclose their assets. The UN mission in Cambodia [official website] released a statement [text] tentatively supporting the bill but calling on the government to allow more time for public debate.

Transparency International (TI) [advocacy website] has criticized Cambodian corruption, and the country is ranked [TI corruption index] near the top of the list of most corrupt countries in the world. Last year, the UN cut off funding for the Extraordinary Chambers in the Courts of Cambodia [official website], a court set up to prosecute Khmer Rouge officials, after it was accused of corruption [JURIST report] through a kick-back scheme. The UN and Cambodian officials later failed to reach an agreement on a system to monitor corruption [JURIST report] and the court had to rely on international donations [JURIST report] to make up for the shortfall.

anti-corruption law in Khmer is available here.

National Program for Sub-National Democratic Development of Cambodia

The National Program for Sub-National Democratic Development (NP-SNDD) is the RGC’s agenda for the next 10 years in the comprehensive and in-depth governance reform process of the sub-national administrations, which will also impact on other national institutions. The formulation of NP-SNDD reflects and confirms the RGC’s political commitment to the vision, policies and strategies outlined in the D&D Strategic Framework and the government’s commitment to implementing the Organic Laws on Capital, Province, Municipality, District and Commune/Sangkat administrations.

The NP-SNDD has been formulated while the RGC is strengthening the roles and responsibilities of institutions at all levels towards achieving good governance, development and poverty reduction. To achieve these goals, great efforts by all national and sub-national levels are required, as well as effective cooperation between them. In this reform process, there is a need for equal opportunity for all citizens to participate in local development and to demand better and more comprehensive public services to meet citizen’s needs, leading to poverty reduction and focusing on the most vulnerable groups, particularly the indigenous peoples, women and children. In this respect, the RGC’s goals for sub-national democratic development are to:

• Create a culture of local participatory democracy, accountable to the citizens;
• Improve public services and infrastructures;
• Bring about social and economic development;
• Contribute to poverty reduction. Programme Areas

Program Areas

This document describes the goals, objectives and scope of the NP-SNDD implementation framework by platform (or phase) and sets out the activities planned under each programme area designed to achieve sub-national democratic development. It outlines five programme areas as following:

1. Sub-national Institutional Development : The directly and indirectly elected councils at all sub-national administrative levels are the primary means for program implementation. The establishments of those councils are not only for dialogue / forum purposes, and the D&D Framework and the Organic Laws expect those councils to achieve concrete results in improving the quality of local people’s lives, starting with the poorest of the poor and the vulnerable groups. The SNDD principles require that the elected councils at all sub-national levels represent their own communities, and are responsive and accountable to their local communities for their performance in carrying out their functions. To achieve this mission, sub-national councils shall receive the necessary authority and resources, including human, financial and physical resources, together with legal competency in order to make decisions serving the local communities’ interests.

Therefore, the creation of sub-national councils significantly modify the lines of accountability for the existing sub-national administrations. The Organic Laws intended for sub-national councils to grow as a strong local foundation and to have autonomy, but no sovereignty.

Responding to these changed requirements, sub-national councils shall have clear administrative structures, systems, and procedures in order to become strong local governance institutions, contributing towards poverty reduction and sustainable development across the country.

2. The Development of Strong Human Resource Management Systems: The elected sub-national councils are composed of members from different political parties, and those council members would not have adequate skills and professions to perform all tasks. Furthermore, when more functions and resources are transferred to sub-national levels, the elected council members could not undertake all tasks and manage all resources by themselves. Therefore, the councils shall have qualified, competent and experienced staff to undertake functions on behalf of the councils and to implement the council’s decisions. The D&D Strategic Framework and Organic Laws require that the councils have their own permanent personnel to fulfill the council’s tasks, who in turn shall be accountability to the respective council. The Organic Law calls for the establishment of a personnel framework at sub-national administrations through the development of separate statute for civil servants at sub-national level under the Law on Civil Servant’ Statute of the Kingdom of Cambodia. The development of this personnel framework is a process linked with the transfer of functions and resources. This process of transferring personnel to the sub-national councils is complex and must be implemented with care. The NP-SNDD document has called for steps, phases and key activities in transferring personnel, adequately developing human resource management and development systems which ensure that there is no increase in the overall number of the staff in the country that could impact on the government’s payroll costs.

3. The Transfer of Functions and Resources: The provision of public services, materials/means and basic infrastructures is a crucial component in the sub-national democratic development. Councils of all sub-national administrative levels shall assigned functions, together with adequate resources, in order for them to be able to provide public services, necessary materials and basic infrastructures to their local communities. The transfer of functions and resources shall carried out in a transparent, coordinated and consultative manner according to plans, phases and appropriate rationales; and with minimum disruption of RGC and DP’s on-going operations. Effective provision of the public services is closely linked with the transfer of authority, bringing the handling of key basic public services closer to the people. At the same time, the effective provision of public services requires that elected councils, and appointed public officials who would undertake the functions have appropriate skills, competency and commitment. Effective provision of public services shall also ensure that local citizens have the right to participate in the process of making the decisions concerning the services which impact on their daily livelihoods; have the right to monitor and evaluate the performance of the elected councils and appointed officials; and, be able to assess the quality of the provided services. Therefore, the transfer of responsibilities for providing key and basic public services to subnational administrations; people’s participation in public administrations; local council’s capacity in the decision-making process to respond to the local needs focusing on poverty reduction, is core to the process of the sub-national democratic development.

4. Sub-National Budget, Financial and Property Systems: The D&D Strategic Framework and Organic Laws demanded that councils at each sub-national administrative level have adequate financial and property resources in order to be able to carry out their functions and responsibilities for responding to local citizen’s needs. For the councils to manage the transferred finance and properties with the highest transparency and integrity as well as a high level of accountability to the people and to the Royal Government, the Organic Law provided for the development of the Law on Financial Regime and Property Management at sub-national level, which ensures that the council will formulate, approve and implement its budget, with proper financial accounting, management of property and with internal and external audits on the council’s budget and finance in accordance with rules, systems and procedures. This fourth program area also describes the council’s needs in terms of the development of the 5-year development plan and 3-year rolling investment program which define their council’s visions for own territory’s development. Activities of the fourth program area defined in each of the platforms supports the council’s decision-making authority on their own plans, finance, budget and property in the response to their respective local needs in accordance with the principles of local autonomy determined in the Organic Laws.

5. Support Institutions for D&D Reform Process: The sub-national administration reform process under the principles of democratic development through D&D will impact institutions at both national and sub-national levels. Therefore to ensure smooth operation of this reform, a strong mechanism is required to coordinate institutions at both national and sub-national levels, for the NP-SNDD implementation. The coordination among institutions at national level is carried out in the process of reviewing functions, resources and responsibilities of the national ministries and agencies for the transfer to appropriate sub-national council(s) of basic key functions and resources directly impacting on the daily livelihoods of the local communities. In this process, existing roles and responsibilities of national ministries and agencies which cover policy and strategy development, as well as all sectoral program implementation, will be changed to development of policy, strategy and national standards on the transferred functions. To coordinate this complex and in-depth reform, the Organic Law called for the establishment of a permanent inter-ministerial mechanism to be the arm of the RGC for the implementation of the Organic Law, namely the National Committee for Sub-National Democratic Development, abbreviated as NCDD. The NP-SNDD has determined the roles and responsibilities of NCDD to coordinate and oversee the implementation of the NP-SNDD through close cooperation with the Council for Administrative Reform (CAR), the PFM Reform Committee and other sectoral reform mechanisms on ensuring adequate staffing, capacity, financing and other resources according to each implementation phase.

In conclusion, democratic development does not have an end, but it embeds a process of gradual progress through policy development, program implementation and lesson learning, with program assessment and review leading to gradual improvement.

Detail program is here (in Khmer) (in English)