The International Journal
of Not-for-Profit Law

Volume 2, Issue 2, December 1999

A quarterly publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor


Should the Rules Governing Foundations be Placed in a Civil Code?
By Ulrich Drobnig

Strategic Options for Building the Chinese NGO Sector in an Open World
By Li-Qing Zhao

The Regulation by Public Bodies of Charities in Scotland and Northern Ireland
By Dr. Christine R. Barker and Dr. Kerry J. O’Halloran

Legislation for Non-Profit Organizations in the Republic of Moldova [Russian]
By Ilya Trombytsky

Endowments of Foundations Receive Contributions from the State Privatization Fund of the Czech Republic
By Petr Pajas

A Canadian Charity Tribunal: A Proposal for Implementation
By Arthur B.C. Drache, Q.C. with W. Laird Hunter

Case Notes

Asia Pacific:
the Philippines

European Court Cases:
European Court of Human Rights (Turkey)
| European Court of Justice (Belgium)

Newly Independent States: Belarus

South Asia:

Western Europe:

Country Reports

Asia Pacific:
| China | Japan | Korea | New Zealand | the Philippines | Taiwan | Vietnam

Central and Eastern Europe: Regional | Bosnia and Herzegovina | Croatia | Czech Republic | Kosovo | Montenegro | Slovakia

Latin America:
| Chile | Colombia | Uruguay | Venezuela

Middle East and North Africa: Iran | Israel | Palestine

Newly Independent States: Azerbaijan | Belarus | Kazakhstan | Moldova | Turkmenistan | Ukraine | Uzbekistan

North America:
Canada/ the United States

South Asia:

Sub-Saharan Africa:
| South Africa

Western Europe:
France | Germany | the Netherlands | Portugal | Turkey | the United Kingdom

International Developments

Recognition and Protection of NGOs in International Law
By Frits Hondius

NGOs for Transparency and Against Corruption
By The Europhil Trust

International Grantmaking

Grantmaking and Embargoed Countries: An Overview Using Kosovo as a Case Study
By Timothy S. Burgett and Timothy R. Lyman

Dissolution Dos and Don'ts
By Karla W. Simon

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Editorial Board

Subscription Information

Previous Issues

ICNL Homepage

Letter from the Editors

Dear Readers,

As you will recall, the last issue was a “Special Issue” of the Journal, but with this issue we return to our usual format. The issue includes country notes and articles from various regions of the world on a set of varied topics. Among them are the following:

  1. A comparison of the legal developments affecting civil society in Northern Ireland and Scotland, by Dr. Kerry O’Halloran of the University of Ulster and Dr. Christine Barker of the University of Dundee.
  2. Discussions of developments in Moldova and the Czech Republic by Dr. Ilya Trombitsky and Dr. Petr Pajas, respectively.
  3. An analysis of the role of Chinese NGOs by Li-Qing Zhao, one of the research associates of the newly founded NGO Research Center at Tsinghua University.
  4. A story about the ongoing initiative to reform the fiscal environment for NGOs in South Africa, prepared by SANGOCO.
  5. Information about continuing developments in Latin America by the Regional Coordinating Editor for Latin America, Antonio Itriago M. of Venezuela.
  6. A story about a December decision of the European Court of Human Rights which affirms the importance of the freedom of association.
  7. A paper about grant-making to “embargoed” countries, which was originally published by the Council on Foundations, by Timothy S. Burgett and Timothy R. Lyman.

These stories and others contribute to the wide range of information available in this issue of IJNL. Thanks so much to all of our authors and editors for their continued support in making the Journal a valuable information resource!

In addition to the news items and analytical articles in the Journal, ICNL is pleased to announce another new publication that will support efforts to improve the enabling environment for civil society and the freedom of association. Through the kind support of the Himalaya Foundation in Taiwan, the Chinese version of the 1997 Discussion Draft of the World Bank Handbook on Good Practices for Laws Relating to Nongovernmental Organizations has been published online and in hard copy. For further information about the Himalaya Foundation and the launch of the Chinese Handbook, please see the stories under Taiwan and China in this issue of the Journal. The Chinese Handbook is available on the Himalaya Foundation site at and will shortly be available on the ICNL site. Hard copies of the Chinese Handbook can be obtained from the Himalaya Foundation.

ICNL is also pleased to announce that it has received several new grants within the past three months to support its “Database, Journal, and Support for International Grantmaking Project.” These grants are intended to further the development of its database and on-line library and its ongoing updating and publishing endeavors, including the Journal. The new funders include: the American Express Company, the AT&T Foundation, the Ford Foundation, the Helen Bader Foundation, and the John D. and Catherine T. MacArthur Foundation. They join the Rockefeller Brothers Fund, the Charles Stewart Mott Foundation, the Open Society Institute, the World Bank, USAID, Counterpart Foundation, and the Wallace Global Fund, all of whom have provided support for the project in the past.

We are, of course, always interested in receiving additional information and articles about events involving the enabling environment for civil society and the freedom of association. Readers who are interested in contributing should contact the Journal editors by email to

Lee Irish and Karla Simon


Copyright 2008 The International Center for Not-for-Profit Law (ICNL)
ISSN: 1556-5157