1. Revolutionizing the Rule of Law in Myanmar
Last November, The Ohio State Bar Association sent a group of delegates to Myanmar to investigate
the status of its legal community. Myanmar, a frontier nation of about 50 million citizens in Southeast
Asia, boasts a popular and promising economic market in light of its newly formed democratic
government.1 For almost 50 years, Myanmar—previously known as Burma—was subject to unpopular
military rule. But the success of the National League for Democracy in 2012 led to the inception of a
republic government, now bound by a constitution and adherent to democratic principles.
Myanmar’s emerging democracy and evolving business sector are revolutionizing the nation’s legal
system and the function of its roughly 30,000 legal professionals. Myanmar delegates have reached out
to the United Nations for help instituting a standard rule of law in their nation. In November, several
delegates from Ohio and Minnesota, led by their respective state bar Presidents Jonathan Hollingsworth
and Bob Enger, traveled to Myanmar to participate in the Myanmar Rule of Law Initiative.
Participants
United States ambassador U Than Shwe, who is the former head of the state and government., leads
the Rule of Law Initiative.2
The goal of the initiative, similar to that of the American Bar Association’s
Rule of Law Initiative, is to ensure by means of the law that basic needs of all Myanmar citizens are
met.3
Ohio’s delegation included: Beverly J. McBride, Gretchen M.R. Lipari, Ann L. Lugbill, John B. Pinney
and former Justice Evelyn Lundberg Stratton. The delegates were chosen based on the unique
connection they establish between the OSBA and Myanmar. Former Justice Stratton, for example, was
born and raised in Thailand near Myanmar. To prepare for their trip, the delegates held a teleconference
with members of the Myanmar legal community to identify and understand their goals regarding the Rule
of Law Initiative. In Myanmar, delegates convened with lawyers from the Yangon Bar Association, as
well as professors at Yangon University School of Law and Mandalay University School of Law.4
Objectives
Delegate John Pinney, current chair of the OSBA Federal Courts and Practice Committee, noted that
Myanmar’s legal system is a common law­based adversarial system, yet the laws are seriously outdated
and reportedly are not applied consistently and impartially. Pinney maintains that, “the process of
establishing a legal system grounded in the ‘Rule of Law’ will be an arduous process that will require the
development of an independent professional bench and bar. The successful transition from Myanmar’s
current legal system must include a wholesale modernization of Myanmar’s substantive laws.”
Many nations now seek to invoke valuable economic relationships with Myanmar that will thrive due to
its expanding global presence. Increased foreign exchange will require assistance from lawyers who

2. specialize in commercial transaction law. United States delegates were pleased to learn that Myanmar’s
law schools are taking steps to expand their course offerings and provide more opportunities for
students to specialize in high­demand areas of law. OSBA President Jonathan Hollingsworth concedes
that, “there are widespread opportunities for American law firms to help Myanmar achieve its economic
goals by fostering exceptional legal education and practice.”
Legal education reform
Myanmar representatives understand that the nation’s method of educating legal professionals requires
major renovation. Legal education reform is necessary so lawyers will be able to effectively oversee the
logistics of Myanmar’s participation in the global economy. Education is not currently understood as a
prestigious or coveted trade in Myanmar; Khin Mar Lee, head of the department of law at the
University of Yangon, mentioned that because the salary for law professors is relatively low compared
to other professions, it is difficult to fill these positions. In addition, Myanmar does not have an official
program, such as continuing legal education, to ensure that legal professionals remain proficient in their
trade. Legal associates in Myanmar have expressed their concern for these matters and requested help
and guidance from the U.N.
Pinney observed that a limited knowledge of the Socratic method in legal education may limit lawyers’
ability to function as effective advocates and independent thinkers. He noted that, “Myanmar lawyers,
especially young lawyers, seem to lack an understanding of the lawyer’s role as a client advocate rather
than a learned person who simply explains the ‘law’ to his or her clients.”
Outcomes
To promote the development of Myanmar’s legal education system, the OSBA reached out to the
deans of Ohio’s nine law schools who agreed to donate legal textbooks to students in Myanmar.
“Myanmar law students need to focus on learning English, since it is the most dominant language to
communicate matters of global economics,” noted OSBA President Jonathan Hollingsworth.
Hollingsworth concluded that, “it is important for us to realize that the world is much larger than the 48
contiguous United States, and that we should endeavor to work with everyone for the sake of peace
and economic development throughout the world. Benjamin Franklin famously said, ‘Now that we have
a republic, the difficulty is in keeping it.’ That’s what Myanmar is faced with today—developing and
maintaining a republic based on democratic principles.”
Sidebar
“Where international business goes, international lawyers won’t be far behind.” –John Pinney, current
chair of the OSBA Federal Courts and Practice Committee

3. In July 2013, the first American­owned law firm, Herzfeld, Rubin, Meyer and Rose (HRMR) opened in
Myanmar. Under the 2012 Myanmar Investment Law, Americans can now invest in Myanmar­based
resources. (The U.S. previously imposed economic sanctions in response to military dictatorship and
inept child labor laws in Myanmar. Although the restrictions have been lessened, some sanctions still
exist that curb the expansion of Myanmar’s business sector.) The goal of HRMR is to protect the
interests of investors and strengthen the United States’ relationship with the emerging business sector in
Myanmar.5
1. countrymeters.info/en/Myanmar/
2. britannica.com/EBchecked/topic/589959/Than­Shwe
3. americanbar.org/advocacy/rule_of_law.html
4. msba.mnbar.org/Meetings/Meeting?ID=323
5. herzfeld­rubin.com/press_release_20131115.htm