Legal Transplants in East Asia and Oceania

This book provides an overview of methodologies for successful legal transplantation in East Asia and Oceania, including the implementation of contractual obligations, the regulation of commercial investments, and the protection of the environment. Recent legal reforms have been inspired by European and North American institutional experiences, but there is also a tendency to couple economic reforms with constitutional reforms to improve individual rights, the environment, and the rule of law.

Format: Paperback / softback
Length: 354 pages
Publication date: 08 April 2021
Publisher: Cambridge University Press

This comprehensive volume offers a unique perspective on methodologies that facilitate successful legal transplantation in East Asia and Oceania. Each chapter is authored by a scholar with firsthand professional expertise in the specific legal transplant under consideration, providing valuable insights into the practical challenges associated with integrating an alien institution into a legal tradition. The range of transplants encompasses various aspects, such as the implementation of contractual obligations, the regulation of commercial investments, and the preservation of the environment.

The majority of recent legal reforms in these regions have been driven by the objective of enhancing national economic performance and promoting trade, drawing inspiration from European and North American institutional experiences. However, there is a notable tendency to link economic reforms aimed at attracting foreign investment with constitutional reforms that prioritize the protection of individual rights, the environment, and the rule of law.

The chapters in this volume explore various approaches and strategies employed in legal transplantation, including comparative law, institutional economics, and legal theory. They examine the historical, cultural, and political factors that influence the process, as well as the challenges and opportunities that arise from integrating foreign legal systems into local contexts. The authors also provide practical examples and case studies to illustrate the successes and failures of legal transplantation in different regions.

By examining the complexities and nuances of legal transplantation, this volume contributes to the growing body of knowledge on international law and governance. It offers valuable insights for policymakers, legal professionals, and scholars interested in understanding the dynamics of legal change in East Asia and Oceania and the broader global context.

Weight: 518g
Dimension: 152 x 229 x 22 (mm)
ISBN-13: 9781009001830