Mapping the Contours of East Asian Commercial Law for the Asian Century

Mapping the Contours of East Asian Commercial Law for the Asian Century
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Book Synopsis Mapping the Contours of East Asian Commercial Law for the Asian Century by : Roman Tomasic

Download or read book Mapping the Contours of East Asian Commercial Law for the Asian Century written by Roman Tomasic and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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