Page 133 - kpi18886
P. 133

125




                   direct investors have gradually become essential partners in establishing
                   and maintaining systems of exchange. This suggests that single-leader
                   rule characterized by “sultanism” needs to be replaced by the rule of
                   law that encourages economic activity, as well as profits, and that
                   allows the repatriation of income without reference to citizens’ rights.
                   Rule by law bears little relationship to the rule of law that is based on
                   citizen’s rights, and rule by law exists for investors, while the rule of
                   law is for citizens. Under the personal rule system (e.g. sultanism),
                   nothing is known and arbitrariness rules. On the contrary, under the rule
                   of law no aspect of the law needs to be hidden. In the system of rule
                   by law, the law is dedicated to defending the investors’ interests, to
                   the detriment of the rights of citizens. Although we know very little
                   about the specific agreements between parties to the contracts—i.e.,
                   between Hun Sen and the “developers” of the zones–, many tax
                   incentives and wage agreements included in them are in fact in the
                   public domain because they are part of national decisions. The
                   respective obligations of the parties to these contracts concerning
                   infrastructure and equipment are also public. This is the domain in which
                   the “rule of law” inevitably wins out over the arbitrariness of personal
                   authority in exchanges with foreigners, without significantly altering the
                   basic character of the administration. This bears no similarity whatever
                   to a Weberian bureaucracy, as defined by service to and application of
                   the law by independent, qualified, competitively recruited civil servants
                   who are appropriately remunerated. Instead, the vast, unwieldy
                   Cambodian bureaucracy resembles a “patrimonial bureaucracy,” in which
                   hiring practices are uniformly based on personal relationships and under-
                   the-table payments. Rampant corruption among civil servants is indeed
                   often cited to explain investor dissatisfaction with public offices in the
                   zones. Corruption also accounts for the casinos and the high tolerance
                   of “foreign” clients engaged in or funding suspicious trade in their
                   shadows, and finally for the endemic violence in the zones’ immediate
                   surroundings that in turn fuel alliances between the various political,
                   economic, and police organizations.








                                                         การอภิปรายรวมระหวางผูแทนจากตางประเทศ
   128   129   130   131   132   133   134   135   136   137   138