Home > English > Resources > List of theses > Directory of theses published on Southeast Asia in 2022

Analyse de la dualité juridique au Cambodge


Author: Sok, Sphana
Under the direction of: Michel Grimaldi
Paris-Panthéon-Assas University
Langue française Texte français

Keywords: Law, Cambodia, Legal transplantation, Comparative law, Globalization, WTO, Culture, Post-conflict, Contract, Legal duality, Public law, Private law, Legal pluralism - Cambodia, Constitutional transition - Cambodia, Law - Cambodia - Western influence, Law and globalization - Cambodia.


Read the thesis.


A set of historical factors provides the context that explained the path of Cambodia’s development process. Emerging from a crisis, worse, a civil war, a legal transplantation was then inevitable for the country to evolve towards a democratic society based on a market economy and the rule of law. In this regard, the internationalization of law, which has mainly resulted in the transplantation of Western laws into Cambodian law, has played a major role since the advent of UNTAC in 1991 and since then. These influences come from both Romano-Germanie and Common Law sources. The legal duality has thus been shaped to a large extent by the priorities of individual foreign investors and by past practices. This bijural transplantation and its use in a "post-conflict" country has come at a cost : legal inconsistencies, incoherencies, disparities, and undesirable effects emanating from an uncontrolled and risky legal transplant that renders the business environment highly unpredictable. This thesis seeks to understand, from a multi-lens perspective, the conflicting issues intrinsically linked to the progressive development of a country’s legal duality and to explore more broadly for a coherent and long-term solutions to legal and judicial reform issues. The development and the argumentation in support of this thesis are thus based on elements of comparative law, including Civil Law because of its historical influence on Cambodia, but also on Common Law because of the recent influence of Anglo saxon law on the country, thanks to its membership in the WTO and its geographical presence within ASEAN.