1st Edition

Commercial Law in East Asia

Edited By Roman Tomasic, Leon Wolff Copyright 2014

    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.

    Contents: Introduction: mapping the contours of East Asian commercial law for the Asian century; Part I General Issues: Rationale: What is the Importance of East Asian Commercial Law Both Now and in the Future?: The future of law in a global economy, Richard P. Appelbaum. Rule of Law: Does the Rule of Law Matter in East Asian Commercial Law?: Property rights, collateral, creditor rights, and insolvency in East Asia, Douglas W. Arner, Charles D. Booth, Paul Lejot and Berry F.C. Hsu; Economic development and the rights hypothesis: the China problem, Donald C. Clarke; Testing the limits to the ’rule of law’: commercial regulation in Vietnam, John Gillespie. Global and Local Influences; To What Extent is Asian Commercial Law a Mix of the Global and the Local?: Legal transplantation and local knowledge: corporate governance in Malaysia, Mohammad Rizal Salim; Living with the IMF: a new approach to corporate governance and regulation of financial institutions in Korea, Hwa-Jin Kim; Legal transplants through private contracting: codes of vendor conduct in global supply chains as an example, Li-Wen Lin. Part II Case Studies: Negotiations: Cultivating guanxi as a foreign investor strategy, John A. Pearce II and Richard B. Robinson Jr; Caveats for cross-border negotiators, James K. Sebenius. Commercial transactions: The norms and incentive structures of relational contracting in Vietnam - two surveys, Quan H. Nguyen; Rethinking relationship-specific investments: subcontracting in the Japanese automobile industry, Yoshiro Miwa and J. Mark Ramseyer. Commercial Dispute Resolution: Aggressive legalism: the rules of the WTO and Japan’s emerging trade strategy, Saadia M. Pekkanen; No more negotiated deals?: settlement of trade and investment disputes in East Asia, Junji Nakagawa. Corporate Law and Corporate Governance: The establishment and development of the Chinese economic legal system in the past 60 years, Chen Su; Berle and Means, corporate governance and the Chinese fami


    Roman Tomasic is Professor of Law at the University of South Australia and Visiting Professor of Company Law, Durham University UK; Leon Wolff is Associate Professor of Law at Bond University, Australia and Co-Director of the Australian Network for Japanese Law (ANJeL).