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Law, Society and Transition in Myanmar

Law, Society and Transition in Myanmar

Author: Melissa Crouch; Tim Lindsey
Publisher: Hart Publishing
ISBN: 9781509912964

Published In: January 2017
Format: Paperback , 373 pages
Jurisdiction: Myanmar ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465977

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Author

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This edited volume to addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Part I: The Legal System of Myanmar

1. Introduction: Myanmar, Law Reform and Asian Legal Studies

Melissa Crouch and Tim Lindsey

2. A Short Research Guide to Myanmar's Legal System

Melissa Crouch and Nick Cheesman

3. The Layers of Legal Development in Myanmar

Melissa Crouch

Part II: The Courts: Past and Present

4. Is Burmese Law Buddhist? Transition and Tradition

Andrew Huxley

5. Bodies on the Line in Burma's Law Reports, 1892–1922

Nick Cheesman

6. Understanding the Myanmar Supreme Court's Docket: An Analysis of Case Topics from 2007 to 2011

Dominic J Nardi, Jr and Lwin Moe

Part III: Constitutionalism

7. What's So Bad about Burma's 2008 Constitution? A Guide for the Perplexed

David C Williams

8. The Common Law and Constitutional Writs: Prospects for Accountability in Myanmar

Melissa Crouch

9. Constitution-making in Myanmar: Insights from World Experience

Anna Dziedzic and Cheryl Saunders

Part IV: Economic, Political and Business Reforms

10. Legislative Foundations of Myanmar's Economic Reforms

Sean Turnell

11. Elections and the Reform Agenda

Michael Lidauer and Gilles Saphy

12. A Principled Approach to Company Law Reform in Myanmar

Melinda Tun

13. The Securities Exchange Law and Prospectus Regulation: Early Sketches of Equity Capital Market Law and Regulation in Myanmar

Tun Zaw Mra

Part V: Law Enforcement, Conflict and Dispute Resolution

14. Police Reform and the 'Civilianisation' of Security in Myanmar

Andrew Selth

15. Legal Perspectives on Industrial Disputes in Myanmar

Kyaw Soe Lwin

16. War, Law, Politics: Reflections on Violence and the Kachin

Nicholas Farrelly

17. Civilian Protection and the Politics of Humanitarian Action in Kachin State

Alistair DB Cook

Part VI: Myanmar Law in Regional and Comparative Perspective

18. Unlike Any Land You Know About? Myanmar, Reform and the Indonesia Model

Tim Lindsey

19. The Regional Context of Myanmar's Democratic Transition: What Role for ASEAN's New Institutions?

Catherine Shanahan Renshaw

20. Law and Development in its Burmese Moment: Legal Reform in an Emerging Democracy

Andrew Harding

Melissa Crouch is a Research Fellow at the Centre for Asian Legal Studies, Law Faculty, National University of Singapore.
Tim Lindsey is Malcolm Smith Professor of Asian Law and Director of the Centre for Indonesian Law, Islam and Society, the University of Melbourne.