the best use of comparative law, especially as East Asia becomes a more important area of commercial law practice. Up until recent times, the shape of East Asian commercial law has been heavily influenced by Anglo-American and European ...
Author: Roman Tomasic
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.
The law applies to all company types and forms of ownership, private enterprises, cooperatives and businesses ... translation, FBIS Daily Report East Asia Service 94-056, 23 March 1994, 58; Thuy as note 30, above, 33–42; Law on State ...
Author: Roman Tomasic
First published in 1999, this volume provides an overview of company laws in South East Asia, North East Asia and the Pacific. The chapters adopt a standard format to allow for comparisons to be made as well as highlighting key features of company laws in each jurisdiction. The contributors are experts in their fields and present practical and policy related insights. The book also contains some useful overviews of company law themes in Asia.
2011] THE EMERGENCE OF EAST ASIAN CONSTITUTIONALISM 809 II. East Asia in Political and Constitutional Contexts Legal scholarship about East Asia developed primarily in response to the need for trade and investment from the West.
Author: AlbertH.Y. Chen
Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.
Law”) and the Company Law 1929 (“Company Law”). The Bankruptcy Law and the Company Law formed part of an array of Western-styled commercial and civil laws enacted in the early 20th century in China. China's first bankruptcy code was ...
Author: Roman Tomasic
Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.
Henrik Hansen , " Malaysia Proposes Asian Trading Blocs " , East Asian Exec . Rep . , January 5 , 1991 , at 4 . ... 11 Commercial , Business and Trade Laws section A.2 , at 18 ( Montri Hongskrailers ed . 1984 ) .
Author: Alan S. Gutterman
Publisher: Sweet & Maxwell
The book provides a comparative review of the legal and regulatory framework of commercial activity in East Asia. It includes competition law, commercial law, capital markets and securities law, banking and lending law, health and safety law, employment and labour law, tax laws, contract law, companies law, arbitration and ADR, consumer protection law, environmental law, foreign investment law, and intellectual property law.
Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted ... ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, ...
Author: Jingyuan Ma
Publisher: Cambridge University Press
Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
The general report purports to discuss dynamic changes in commercial law legislations occurring in four East Asian jurisdictions - China, Japan, Korea and Taiwan. The four jurisdictions all belong to the civil law family and have been, ...
Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
Corporate insolvency laws in these jurisdictions have their origins in, or have been strongly influenced by, ... East Asian states has not been accompanied by the institutionalisation of rule of law norms in their commercial legal ...
Author: Christoph Antons
The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.
LAW. AND. DEVELOPMENT. IN. EAST. AND. SOUTHEAST. ASIA. During the 1980s and 1990s Asian 'developmental states' attracted much ... and which features of the Asian approach to commercial law will be resistant to reform pressures.
Author: Christoph Antons
During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
Developing a 'rule of Law' in Vietnam John Stanley Gillespie. Legal Transplantation into East Asia Studies show that commercial legislation in contemporary East Asia has been drawn primarily from Western rather than indigenous legal ...
Author: John Stanley Gillespie
Publisher: Ashgate Publishing, Ltd.
This volume provides the first sustained analysis examining legal transplantation into East Asia. In addition to developing theoretical insights, the project provides a textured account of the political, economic and legal discourses guiding commercial law reforms in Vietnam