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Law, Society and Transition in Myanmar

Editor(s): Melissa Crouch, Tim Lindsey
Media of Law, Society and Transition in Myanmar
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Published: 26-01-2017
Format: Paperback
Edition: 1st
Extent: 442
ISBN: 9781509912964
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £32.99
Online price : £29.69
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About Law, Society and Transition in Myanmar

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

Table Of Contents

Part I: The Legal System of Myanmar
1. Introduction: Myanmar, Law Reform and Asian Legal Studies
Melissa Crouch and Tim Lindsey
2. A Short Research Guide to Myanmar's Legal System
Melissa Crouch and Nick Cheesman
3. The Layers of Legal Development in Myanmar
Melissa Crouch
Part II: The Courts: Past and Present
4. Is Burmese Law Buddhist? Transition and Tradition
Andrew Huxley
5. Bodies on the Line in Burma's Law Reports, 1892–1922
Nick Cheesman
6. Understanding the Myanmar Supreme Court's Docket: An Analysis of Case Topics from 2007 to 2011
Dominic J Nardi, Jr and Lwin Moe
Part III: Constitutionalism
7. What's So Bad about Burma's 2008 Constitution? A Guide for the Perplexed
David C Williams
8. The Common Law and Constitutional Writs: Prospects for Accountability in Myanmar
Melissa Crouch
9. Constitution-making in Myanmar: Insights from World Experience
Anna Dziedzic and Cheryl Saunders
Part IV: Economic, Political and Business Reforms
10. Legislative Foundations of Myanmar's Economic Reforms
Sean Turnell
11. Elections and the Reform Agenda
Michael Lidauer and Gilles Saphy
12. A Principled Approach to Company Law Reform in Myanmar
Melinda Tun
13. The Securities Exchange Law and Prospectus Regulation: Early Sketches of Equity Capital Market Law and Regulation in Myanmar
Tun Zaw Mra
Part V: Law Enforcement, Conflict and Dispute Resolution
14. Police Reform and the 'Civilianisation' of Security in Myanmar
Andrew Selth
15. Legal Perspectives on Industrial Disputes in Myanmar
Kyaw Soe Lwin
16. War, Law, Politics: Reflections on Violence and the Kachin
Nicholas Farrelly
17. Civilian Protection and the Politics of Humanitarian Action in Kachin State
Alistair DB Cook
Part VI: Myanmar Law in Regional and Comparative Perspective
18. Unlike Any Land You Know About? Myanmar, Reform and the Indonesia Model
Tim Lindsey
19. The Regional Context of Myanmar's Democratic Transition: What Role for ASEAN's New Institutions?
Catherine Shanahan Renshaw
20. Law and Development in its Burmese Moment: Legal Reform in an Emerging Democracy
Andrew Harding


“…this volume will serve as a good reference work for scholars interested in Myanmar by highlighting the importance of legal reform in its nascent transition. For legal practitioners, it can give a taste of how principles of common law are implanted into codified laws, the cost of neglecting law reform, and how any legal regime is influenced by those who use it.” –  Coral Bell, Australian Journal of Administrative Law

“...a magisterial book that expertly analyses several development in modern Myanmmar.” –  Mahdev Mohan, Asian Journal of Comparative Law

“Readers should treat this as a one-stop resource to understanding how law, history and societal life in Myanmar collide with and influence the country's political development and transformation.” –  Moe Thuzar, Contemporary Southeast Asia

“The book offers a comprehensive and in-depth overview of the wide range of juridical, political and socio-economic issues in Myanmar.” –  Rivista Trimestrale del diritto pubblico

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