Legal Transplants in East Asia and Oceania

Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania.

Vito Breda (Edited by)

9781009001830, Cambridge University Press

Paperback / softback, published 8 April 2021

354 pages
23.5 x 15 x 1.8 cm, 0.5 kg

'The range and depth of the analysis make the book a must-read for comparative law scholars and students all over the world.' Patrícia Jerónimo, I-CONnect Blog (http://www.iconnectblog.com/)

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.

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.

Subject Areas: Privacy law [LNDC2], Constitutional & administrative law [LND], Private / Civil law: general works [LNB], Legal system: general [LNA], Public international law [LBB], Comparative law [LAM], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA]