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Law and Development in East and South-east Asia

Edited by: Christoph Antons

ISBN13: 9781138979468
Published: January 2017
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2002)
Price: £39.99
Hardback edition , ISBN13 9780700713219



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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. As a result, international financial institutions now tend to make further financial support for Asian economies dependent on improvements of the legal framework in which businesses operate. 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. Japan and Singapore, as frequently cited role models for Asian developmentalism, receive particular attention. Development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines are also examined.;The book includes chapters on individual fields of commercial law such as intellectual property law, financial market regulation and labour law as well as chapters that explain the socio-legal background of Asian legal development. All are placed into the industrial policy framework of the countries concerned.

Subjects:
Other Jurisdictions , Asia
Contents:
Part 1: Paradigms of Law and Development in Asia
1. Christoph Antons Introduction
2. Nobuyuki Yasuda Law and Development in Southeast Asian Perspective: Methodology, History and Paradigm Change
3. Bernard Bishop APEC, Industry Policy and the Role of Law
4. John Ohnesorge The Rule of Law, Economic Development, and the Developmental States of Northeast Asia

Part 2: Japan as a Model for Law and Development in Asia
5. Harald Baum Globalization vs. Paternalistic Regulation: Some Thoughts about Economic Success, the Role of Law, and the Regulation of Japan's Financial Markets
6. Richard Boyd The Rule of Law or Law as Instrument of Rule? Law and the Economic Development of Japan with Particular Regard to Industrial Policy
7. Christopher Heath Industrial Policy and Intellectual Property in Japan and Beyond
8. Christoph Antons Japan as a Model? Comparing Law and Development in Japan, Singapore and Indonesia

Part 3: Law in a 'Socialist Market Economy': The Case of China
9. Jianfu Chen Policy as Law and Law as Policy: The Role of Law in China's Development Strategy
10. Connie Carter The Clonability of the Singapore Model of Law and Development: The Case of Suzhou, China

Part 4: Southeast Asian Approaches to Law and Development
11. Jesse Wu Min Aun Prosperity at a Price: Regulation of Organised Labour in Malaysia
12. Michael Blakeney The Legal Regulation of Technology Transfer Arrangements within ASEAN

Part 5: Law and Development and 'the Region'
13. Robert Lutz Resolving Trade Disputes in Asia: An Essay about the Laws, Institutions and Cultures
14. Roman Tomasic Asian Economic Crisis and Legal Institutions: A Tale of Two Cities