Conveyancing / Tenancy / Land

Law and Development in Asia

Edited by Gerald Paul McAlinn · Caslav Pejovic
Routledge June 2013

Specifications

ISBN-13
9780415726252
Publisher
Routledge
Publication
June 2013
Format
Paperback , 340 pages
Jurisdiction
Asia ? Countri(es) for reference only

Details

This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.

Table of Contents

Notes on Contributors. Acknowledgements. Introduction: Law and Development in the 21st Century David M. Trubek Part 1: Law and Development Orthodoxy: Asian Challenges 1. Law and Development Orthodoxies and The Northeast Asian Experience John K.M. Ohnesorge 2. The Resurgence of the Right to Development Muthucumaraswamy Sornarajah3. Japanese Law and Asian Development Tom Ginsburg 4. The Success of Law and Development in China: Is China the Latest Asian Developmental State? Connie Carter 5. The Politics of Law and Development in Thailand: Seeking Rousseau, Finding Hobbes Andrew Harding 6. Law and Development, FDI and the Rule of Law in Post-Soviet Central Asia: The Case of Mongolia Sukhbaatar Sumiya Part 2: Special Topics: Institutions and Areas of Law 7. Echoes of Through the Looking Glass: Comparing Judicial Reforms in Singapore and India Arun K. Thiruvengadam and Michael Ewing-Chow 8. Japanese Long-Term EmploymentCaslav Pejovic 9. Non-Economic Criteria in the Formulation of the World Trade Regime: From Social Clause to CSR Shin-ichi Ago 10. China’s Antimonopoly Law and Recurrence to Standards Steven Van Uytsel 11. The Privatization of Investor-State Dispute ResolutionGerald Paul McAlinn 12. Thailand and Legal Development Lawan Thanadsillapakul. Index

About the Author

Gerald Paul McAlinn is Professor of Law at Keio University Law School in Tokyo, Japan. His books include Japanese Business LawComparative Law: Law and the Legal Process in JapanIntroduction to American Law and The Business Guide to Japan.

Caslav Pejovic is Professor of Law at Kyushu University in Fukuoka, Japan. He has published papers in the Journal of Business Lawthe Journal of Maritime Law and Commerce, and the Pace International Law Review.

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