Legal transplants in East Asia and Oceania /
Breda, Vito,1971-editor.
"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"--
"This collection of essays discusses the processes and the effects of legal transplants in a sample of legal systems located in the East Asian and Oceania regions. In particular, this book reports on a selection of the latest legal reforms that are currently reshaping institutional relations, individual rights and the protection of the environment in, among others, China, Singapore, Japan, Hong Kong, Thailand, Myanmar, Australia and a series of Pacific nations. Most of these reforms were inspired by European and North American institutional experiences; others were derived from recent economic developments imposed by international obligations, or by an increased awareness of global environmental implications of unbridled industrial policies. In discussing the farrago of rules associated with the English-Chinese trust law, it might be important to mention that Harding's narrative, as with all the analyses provided in this collection, required an assessment of the probability of the connection and the reasonableness of deductive analyses. To enhance the reader's experience, reasoned effort was made to reduce the extent of tropes that manifest such uncertainty. Thus, tiresome indicators of underlying cognitive processes such as 'in all probability' or 'it appears likely' were omitted whenever possible, yet readers should assume that such cognitive processes were carried out. Obviously, the reader's prerogative remains unaffected when pointing to a substantive, by way of caparison, to a lexical casuistry. More generally, Liljeblad's analysis of the reform of the legal profession hints at the lexical inadequacy of the term 'legal transplants'. The term is, it would be reasonable to suggest, misleading. There is, in relation to law, no horticultural or clinical term for such a transplant"--
Includes bibliographical references and index.
"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"--
"This collection of essays discusses the processes and the effects of legal transplants in a sample of legal systems located in the East Asian and Oceania regions. In particular, this book reports on a selection of the latest legal reforms that are currently reshaping institutional relations, individual rights and the protection of the environment in, among others, China, Singapore, Japan, Hong Kong, Thailand, Myanmar, Australia and a series of Pacific nations. Most of these reforms were inspired by European and North American institutional experiences; others were derived from recent economic developments imposed by international obligations, or by an increased awareness of global environmental implications of unbridled industrial policies. In discussing the farrago of rules associated with the English-Chinese trust law, it might be important to mention that Harding's narrative, as with all the analyses provided in this collection, required an assessment of the probability of the connection and the reasonableness of deductive analyses. To enhance the reader's experience, reasoned effort was made to reduce the extent of tropes that manifest such uncertainty. Thus, tiresome indicators of underlying cognitive processes such as 'in all probability' or 'it appears likely' were omitted whenever possible, yet readers should assume that such cognitive processes were carried out. Obviously, the reader's prerogative remains unaffected when pointing to a substantive, by way of caparison, to a lexical casuistry. More generally, Liljeblad's analysis of the reform of the legal profession hints at the lexical inadequacy of the term 'legal transplants'. The term is, it would be reasonable to suggest, misleading. There is, in relation to law, no horticultural or clinical term for such a transplant"--
The legal transplants debate: getting beyond the impasse? / Andrew Harding -- Transplant shock: the hazards of introducing statutes of general application / Jennifer Corrin -- Bentham's theory of legal transplants and his influence in Japan / Michihiro Kaino -- On the Hardingian renovation of legal transplants / Benjamen Gussen -- The incomplete legal transplant -- good faith and the common law / Anthony Gray -- How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania / Jessica Viven-Wilksch -- Proportionality in Australian public law / Hoong Phun Lee and Colin Campbell -- Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court / Drossos Stamboulakis -- The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association / Jonathan Liljeblad -- Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions / Erika Techera -- Global norms; Local resistance: addressing impunity in Japan and beyond / Sophia O'Brien -- Legal transplants, temporary migration projects and special rights / Tiziana Torresi -- Conclusion / Vito Breda.
Law reform
Law reform
Law reform.