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Author: John Gillespie
Publisher: Routledge
ISBN: 135187778X
Category : Political Science
Languages : en
Pages : 381
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Book Description
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Author: John Gillespie
Publisher: Routledge
ISBN: 135187778X
Category : Political Science
Languages : en
Pages : 381
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Book Description
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Author: Vito Breda
Publisher: Cambridge University Press
ISBN: 1108577172
Category : Law
Languages : en
Pages :
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Book Description
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Author: John Gillespie
Publisher: Routledge
ISBN: 1136978437
Category : Law
Languages : en
Pages : 393
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Book Description
This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and highlighting the factors likely to promote, change or resist the spread of the Chinese model.
Author: John Gillespie
Publisher: Routledge
ISBN: 1135249156
Category : Business & Economics
Languages : en
Pages : 339
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Book Description
Covering a wide variety of Asian countries, this book explores the complex economic and regulatory factors that generate social demand for state regulation and shows how local networks, courts, democratic processes and civil society have a huge influence on regulatory systems.
Author: Stacey Steele
Publisher: Routledge
ISBN: 113518237X
Category : Business & Economics
Languages : en
Pages : 349
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Book Description
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.
Author: Husa, Jaakko
Publisher: Edward Elgar Publishing
ISBN: 1802209786
Category : Law
Languages : en
Pages : 256
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.
Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674952
Category : History
Languages : en
Pages : 181
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Book Description
"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 0192535641
Category : Law
Languages : en
Pages : 789
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Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider's perspective into specific areas of contract law - remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy - and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws out the convergences and divergences, and other themes. All the Asian jurisdictions examined have inherited or adopted the common law or civil law models of European legal systems. Scholars of legal transplant will find a mine of information on how received law has developed after the initial adaptation and transplant process, including the mechanisms of and influences affecting these developments. At the same time, many points of convergence emerge. These provide good starting points for regional harmonization projects. Volume II of this series deals with contract formation and contracts for the benefit of third parties in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar. Typically, each jurisdiction is covered in two chapters; the first deals with contract formation, while the second deals with contracts for the benefit of third parties.
Author: John Gillespie
Publisher: Cambridge University Press
ISBN: 1107379520
Category : Law
Languages : en
Pages : 403
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Book Description
This volume of essays contributes to the understanding of global law reform by questioning the assumption in law and development theory that laws fail to transfer because of shortcomings in project design and implementation. It brings together leading scholars who demonstrate that a synthesis of law and development, comparative law and regulatory perspectives (disciplines which to date have remained intellectually isolated from each other) can produce a more nuanced understanding about development failures. Arguing for a refocusing of the analysis onto the social demand for legal transfers, and drawing on empirically rich case studies, contributors explore what recipients in developing countries think about global legal reforms. This analytical focus generates insights into how key actors in developing countries understand global law reforms and how to better predict how legal reforms are likely to play out in recipient countries.
Author: United Nations Publications
Publisher: A&C Black
ISBN: 1780932502
Category : Business & Economics
Languages : en
Pages : 163
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Book Description
This book is available as open access through the Bloomsbury Open Access programme and is available on bloomsburycollections.com. While good governance is a worthy goal, this book argues that it is not a prerequisite for economic growth or development. The book exposes the methodological shortcomings of the commonly-used governance indicators developed within the World Bank. The authors argue that donors should not impose onerous good governance conditions, expecting the developing world to simulate now-developed countries. They contend that most poor countries lack the administrative and financial capacity to achieve these reforms or institutions - so donor conditionality often becomes a recipe for failure. In place of grand government reforms aimed at enhancing market efficiency, the book's position is that the reform agenda should target strategic bottlenecks for development and enhance the state's capacity to deal with these disruptions. Bringing together contributions from leading political scientists, political economists and development practitioners, this is the first book to provide a systematic critical perspective on received notions of good governance.
