Scott H. Jacobs is a speaker and published author of numerous articles of interest to Trusts & Estates attorneys and the wider legal community, Mr. Jacobs, formerly of law firm giants CLIFFORD CHANCE and BINGHAM MCCUTCHEN, brings effective analytical and common sense skills to his private practice of law. We contacted Mr. Jacobs to discuss Development Process and The Rule of Law in the Developing Countries, and he replied to our questions in an exclusive interview to Gulan Magazine as the following:

Gulan Media:- Every process of the transitional phase is so much related to the development and management of the infrastructure of institutions, so rebuilding and development processes are essential factors to let the transitional phase succeed. So, according to your opinion; to what extend development and rebuilding processes are important for the transitional phase of the developing countries?
Professor Jacobs:- Well not just developing countries, every country which going to a period of change has to create the capacity for change. Change is the most difficult thing that can happen in a government, so the capacity for change has to be created, and in Iraq of course the changes are now very rapid, the government is carrying out a wide of variety of reforms and of course these reforms have to based on a solid capacity to understand exactly what is needed, to design the reforms, to communicate the reforms and to implement the reforms, each one of those tasks require a specific strategy.
Gulan Media:- Democracy process is at early phase in the developing countries and the freedoms should be managed within the frame work of law. So, in your view; to what extend attempts for sovereignty of rule of law and independency of judiciary is necessary for democracy development process? And, to what extend sovereignty of rule of law is the first station to the success of democracy development process?
Professor Jacobs:- Well of course, the rule of law is the foundation stone of modern market democracy, and rule of law has many components, of course the law itself has to be well written and that is something requires a lot of capacity, the law has to be well implemented, another challenge, and the law has to be adjudicated which means that the judiciary must interpret the law consistently, fairly and neutrally, with problems arise. All of those basic conditions, the design of law, the application of law and the adjudication of laws are necessary for the rule of the law to be fully in effect, now it is not necessary to do all of these things in the same time, because these are not easy. I think that Iraq can take very important steps in improving the design of the laws, application of the laws and also working on the question of building up the credibility, the institutions and the judiciary.
Gulan Media:- Some experts think that good governance is an important step for the transitional phase. As it is clear good governance requires strong infrastructure of the state institutions, which the developing countries lack it. So, according to your opinion; how is it possible to pursue good governance in the developing countries?
Professor Jacobs:- Well it is a step by step process, good governance is something that no country has achieved, because there are always problems that come up with how we govern our societies, and in Iraq, this question of good governance to me has to find some basic priorities, what Iraq needs the most within the next 3 to 5 years is stability, investment and jobs, because except those priorities there are basic aspects of government that can be improved like the rule of law, the quality of public services, predictability of government actions, transparency and so. It is impossible to take every aspect of governance in one reform package, but it is possible to set some priorities then make some more progress. I think that is the challenge right now is to move at and the right areas where we can see results where people can see visible improvements in the next couple of years.
Gulan Media:- Corruption is not a special event to the developing countries, but it leads to collapse of institutions and darkens the future of the country. So, how is it possible to combat corruption in the developing countries and to change what aids the corruption into aiding anti-corruption process?
Professor Jacobs:- Corruption is not itself the problem, corruption is a symptom of another problem, the other problems, the problem which produces corruption; is the issue of lack of accountability and lack of transparency within the government. To address this issue we have to come back to this question "A basic governance approaches", how is it possible to create more accountability for the behavior of public servants? that question is really important because if we don't answer it corruption will continue to emerge, corruption emerges almost naturally whenever the government systems are not working properly, so we see corruption as kind of symptom, not itself the problem. So we have to look at all the lines of government issues what look at accountability and performance, we have to look at transparency, we have to be sure that the systems are controlled or in place, so the abuses are caught very quickly. And this is a process that needs time and control system which will happen but will take some time, so corruption is simply one of those red lights that tell us things are not properly organized in the level of government.
Gulan Media:- In the developing countries the ratio of the young people among the population is quiet high, and young people usually thinks radically and toughly. So, how the government of the developing countries can respond to the demands of the young people and to benefit from their energy at the same time?
Professor Jacobs:- Young people all around the world certainly need the same thing, very basic things. They want the opportunity to follow their dreams. They want jobs to be able to participate in public life. These basic desires are entirely possible and it is reasonable about basic desire to have more opportunity and more control over their lives. Many of the reforms that are on the way are actually going to help induce of the country more opportunity, more economic opportunity, more political opportunity and more control of what they do with their lives. And when we come back to good governance, one aspect of good governance is the aspect of listening to people, so the government responds to what people want, never tell them what they want, never control them responds. These capacity of listening and responding are very important, the people should be listened to and of course should be given opportunity to be heard.

Transcription: Sheban Ferhad