Transplanting Commercial Law Reform
Transplanting Commercial Law Reform

Author: John Gillespie

Publisher: Routledge

Published: 2017-03-02

Total Pages: 381

ISBN-13: 135187778X

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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.

Legal Transplants in East Asia and Oceania
Legal Transplants in East Asia and Oceania

Author: Vito Breda

Publisher: Cambridge University Press

Published: 2019-06-27

Total Pages:

ISBN-13: 1108577172

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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.

Legal Reforms in China and Vietnam
Legal Reforms in China and Vietnam

Author: John Gillespie

Publisher: Routledge

Published: 2010-09-13

Total Pages: 436

ISBN-13: 1136978429

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Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

New Directions in Comparative Law
New Directions in Comparative Law

Author: Antonina Bakardjieva Engelbrekt

Publisher: Edward Elgar Publishing

Published: 2009

Total Pages: 303

ISBN-13: 1849803218

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This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.

Commercial Law in East Asia
Commercial Law in East Asia

Author: Roman Tomasic

Publisher: Routledge

Published: 2017-07-05

Total Pages: 562

ISBN-13: 1351571540

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The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Legal Reform in the Contemporary Socialist World
Legal Reform in the Contemporary Socialist World

Author: Ngoc Son Bui

Publisher: Oxford University Press

Published: 2024-08-27

Total Pages: 368

ISBN-13: 0192671588

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Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.

International Business Law and the Legal Environment
International Business Law and the Legal Environment

Author: Larry A. DiMatteo

Publisher: Taylor & Francis

Published: 2016-11-25

Total Pages: 683

ISBN-13: 1317530977

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International Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.

Legal Transplantation in Early Twentieth-Century China
Legal Transplantation in Early Twentieth-Century China

Author: Michael H. K. Ng

Publisher: Routledge

Published: 2014-05-23

Total Pages: 181

ISBN-13: 1317674952

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"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.

Socialist Law in Socialist East Asia
Socialist Law in Socialist East Asia

Author: Hualing Fu

Publisher: Cambridge University Press

Published: 2018-07-05

Total Pages: 463

ISBN-13: 1108424813

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A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

Evolution of Private Law
Evolution of Private Law

Author: Adam Talanda

Publisher: Instytut Prawa Gospodarczego Sp. z o.o.

Published: 2023-10-13

Total Pages: 221

ISBN-13: 8366922189

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Once again, we are pleased to present this book which is the result of the conference held in Katowice in 2022 and the effect of the international cooperation between the Research Group of the Commercial Law acting at the Faculty of Law and Administration of the University of Silesia in Katowice and representatives of foreign university departments of private law from the Czech Republic, Slovakia, and Ukraine. The publication is the continuation of the international cooperation that began in 2014. The idea of the sixth collective publication was to analyze the directions of legislative changes in the field of private law in individual countries. In this edition, the entire publication consists of fourteen articles devoted to the issues of company law, commercial contract law, including the development contract, capital market issues, and bankruptcy law. This publication is dedicated primarily to civil and commercial law academics, but it also addresses the issues relevant to legal practice. The presented papers may, to a large extent, constitute material for comparative research.