Handbook on strategic litigation in Myanmar

Abstract

This handbook seeks to offer an accessible, concise and substantial overview of the conceptual basis and purpose of strategic litigation. It addresses the unique prospects and challenges posed to those contemplating adopting strategic litigation in Myanmar . The Handbook is intended to be potentially useful to all legal practitioners and community activists in Myanmar. It is based in large part on interviews, trainings and seminars that took place with lawyers and civil society activists from 2014-2019, facilitated by ICJ legal advisers and consultants. The Handbook shows the potential impact of strategic litigation in Myanmar, by drawing on experiences from Myanmar and other countries, while recognizing the related challenges and opportunities, as expressed by legal professionals and civil society actors.
Part one of the Handbook explores core aspects of strategic litigation, including its origins, key concepts, potential impacts, challenges and forums. In part two, areas of law are identified which offer potential options for strategic litigation actions, including procedures, legislation and constitutional writs. Practical steps for the planning and application of strategic litigation, such as media strategy and case selection, are outlined in part three. Finally, part four of the Handbook discusses related challenges in the Myanmar context, including a discussion of requisite reforms required in the justice sector more broadly.

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ORCID for Jeremie Gilbert: orcid.org/0000-0003-1377-3494

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