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Globalisation and Resistance

Law Reform in Asia since the Crisis

Editor(s): Christoph Antons, Volkmar Gessner
Media of Globalisation and Resistance
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Published: 14-05-2007
Format: Hardback
Edition: 1st
Extent: 328
ISBN: 9781841136806
Imprint: Hart Publishing
Series: Oñati International Series in Law and Society
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About Globalisation and Resistance

In comparing existing research on Eastern and Central Europe, Central Asia and Latin America, it is clear that legal developments in East and South Asian societies are somewhat under-researched. This volume fills a gap in studies of the effects of globalisation and the role of law in processes of globalisation. What the book contributes to the debate is an "area study", that is interdisciplinary research pertaining to a particular geographical or cultural region. The region discussed here presents an ideal testing ground for legal pluralism, for economic, cultural, and political influences on the role of law in development. The 'developmental states' of Asia are regarded as refuting both Latin American dependency theory and classical modernisation theory. They seem to follow quite distinct political, economic and legal developments. However, especially after the Asian Crisis, their approaches have come under intense pressure. The book examines the resulting reform efforts and the tensions they generate in areas such as constitutional and administrative law, commercial law and human rights.

Table Of Contents

1. Introduction
CHRISTOPH ANTONS AND VOLKMAR GESSNER

PART 1: ASIAN CAPITALISM(S) AND LAW REFORM: GLOBALISATION AND RESISTANCE

2. Legalisation and the Varieties of Capitalism
VOLKMAR GESSNER

3. Transnationalisation of Law, Globalisation and Legal Pluralism: a Legal Anthropological Perspective
FRANZ VON BENDA-BECKMANN AND KEEBET VON BENDA-BECKMANN

4. Law Reform in the 'Developmental States' of East and Southeast Asia: From the Asian Crisis to September 11, 2001 and Beyond
CHRISTOPH ANTONS

5. Politics, Ideology and Legal System Reform in Northeast Asia
JOHN K M OHNESORGE

PART 2: CONSTITUTIONAL REFORM, THE RULE OF LAW AND HUMAN RIGHTS

6.Southeast Asia, 1997–2003: Two Case Studies on the Politics of Law and Development
ANDREW HARDING

7. Law, Terror and the Indian Legal Order
OLIVER MENDELSOHN

8.Role/Rule of Law in China Reconsidered
JIANFU CHEN

PART 3: ADMINISTRATIVE REFORM AND DECENTRALISATION

9. Between Global Forces and Local Politics: Decentralisation and Reorganisation of Village Government in Indonesia
FRANZ AND KEEBET VON BENDA-BECKMANN

PART 4: COMMERCIAL LAW REFORM

10.Foiling the Financial Hegemons: Limits to the Globalisation of Corporate Insolvency Regimes in Indonesia, Korea and China
TERENCE C HALLIDAY AND BRUCE G CARRUTHERS

Reviews

“...for a lawyer with an interest in Asia, many of the chapters were gems...brings diverse but importance perspectives into the dialogue on the repercussions of globalisation in Asia...a useful resource to facilitate the critical exploration of ideas on the nexus between globalisation and law.” –  Dr Ann Black, LAWASIA Journal

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