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Legal Transplants in East Asia and Oceania

Legal Transplants in East Asia and Oceania

Author: Vito Breda
Publisher: Cambridge University Press
ISBN: 9781009001830

Published In: April 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108475297

List Price: AU$101.40

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Contents

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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.

Shows how legal systems in the regions have adapted alien legal institutions in a way that aligns with distinctive socio-political environments
Discusses multinational and international policies such as enforcement of trans-border contractual obligations, environmental protection, and the management of natural resources and human capital
Provides an internal perspective on the recent historical developments of a range of legal traditions

Introduction - Vito Breda

1. The legal transplants debate: getting beyond the impasse? - Andrew Harding

2. Transplant shock: the hazards of introducing statutes of general application - Jennifer Corrin

3. Bentham's theory of legal transplants and his influence in Japan - Michihiro Kaino

4. On the Hardingian renovation of legal transplants - Benjamen Gussen

5. The incomplete legal transplant – good faith and the common law - Anthony Gray

6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania - Jessica Viven-Wilksch

7. Proportionality in Australian public law - Hoong Phun Lee and Colin Campbell

8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court - Drossos Stamboulakis

9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association - Jonathan Liljeblad

10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions - Erika Techera

11. Global norms/Local resistance: addressing impunity in Japan and beyond - Sophia O'Brien

12. Legal transplants, temporary migration projects and special rights - Tiziana Torresi

13. Conclusion - Vito Breda