The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

"The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century."--Provided by publisher.

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

First published in 1999, this volume provides an overview of company laws in South East Asia, North East Asia and the Pacific. The chapters adopt a standard format to allow for comparisons to be made as well as highlighting key features of company laws in each jurisdiction. The contributors are experts in their fields and present practical and policy related insights. The book also contains some useful overviews of company law themes in Asia.

This is the introductory chapter to a book on Commercial Law in East Asia that examines scholarly interpretations of the role played by commercial law in East Asia's economic rise. Some decades ago, Asian commercial law was largely neglected in the writings of legal scholars. This was because law as a discipline had been forged in prior European and American centuries; these roots have ill-served legal analysis in the new Asian century. Mainstream comparative law scholarship, for example, also tended to neglect regions such as China and Japan. Similarly, writing about globalisation and law has tended to reflect Western normative views and has been seen as mainly Eurocentric. However in recent decades we have seen a major transformation in the focus of legal scholarship with the rise in the volume and sophistication of East Asian commercial law scholarship. Commercial Law in East Asia seeks to expose readers to this new body of legal writing and theoretical analysis. This is important as it has reminded us of the existence of different models of law; on the other hand there has also been evidence of the influence of "Americanisation" over the development of East Asian commercial law. The link between the role of commercial law and economic development deserves closer scrutiny; this has been mediated by the powerful role of the state in law reform in many East Asian countries. As a result, East Asian commercial law has often been implemented in different ways to that expected by Western models. The interaction of global and local influences, such as from indigenous legal traditions, has remained important. However, commercial law has tended to follow rather than cause economic development in East Asia; in the meantime, functional equivalents, such as dominant political forces, have played an important role in managing economic change in the region.

The book provides a comparative review of the legal and regulatory framework of commercial activity in East Asia. It includes competition law, commercial law, capital markets and securities law, banking and lending law, health and safety law, employment and labour law, tax laws, contract law, companies law, arbitration and ADR, consumer protection law, environmental law, foreign investment law, and intellectual property law.

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. 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, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.