Law reform in developing countries has become an increasingly topical subject in recent years. A critical issue is why so many law reform projects in developing economies are regarded by their sponsors and recipients as unsuccessful. This informative book:
- examines examples of law reform projects in post-socialist and post-authoritarian states in Asia
- identifies common problems
- proposes analytical frameworks for understanding the problems identified.
Though parallels between Asian models and those in developing states elsewhere in the world are strong, the book has been developed to avoid suggestion that the issues covered are somehow peculiarly ‘Asian’- indeed, it is shown that cultural relativist approaches to Asia are unsustainable. This is an invaluable reference for those involved in the areas of development economics, Asian studies and comparative politics.
Table of Contents
Part 1: Theoretical Approaches. Legal Infrastructure and Governance Reform in Post-Crisis Asia: The Case of Indonesia. Why Law Reform Fails: Indonesia’s Anti-Corruption Reforms. What Kind of Legal System is Necessary for Economic Development? The China Puzzle. The Law Reform Olympics: Measuring the Effects of Law Reform in Transitional Economies (Central Asia, former Soviet Union). Law Reform in Developing Countries Part 2: Case Studies. Comparative Law and Legal Transplants Between Socialist States: An Historical Perspective (Vietnam, Soviet Union). The Collapse of the World Bank’s Judicial Reform Project in Peru. Legal Education Reform: The Forgotten Intervention? Assessing the Legal Retraining Model in Transitional Economies (Mongolia). The Dynamics and Politics of Legal Reform in China: Induction, Deduction and, above all, Pragmatism. State and Law Reform in Indonesia. Like a Fish Needs a Bicycle: Public Law Theory, Civil Society and Governance Reform in Indonesia. Competition Laws for Asian Transnational Economies: Adaption to Local Legal Cultures in Vietnam and Indonesia. Labour Law Reform in Namibia: Transplant or Implant? Global Trajectories of Tax Reform: The Discourse of Tax Reform in Developing and Transitional Countries. Intellectual Property, Civil Law and the Failure of Law in Indonesia: Can Criminal Enforcement of Economic Law Work in Developing Countries?
Tim Lindsey is Professor of Asian Law, Director of the Asian Law Centre and Deputy Director of the Centre for the Study of Contemporary Islam at the University of Melbourne, Australia.