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Legal Transplants in East Asia and Oceania

  • Editor: Vito Breda, University of Southern Queensland
Vito Breda, Andrew Harding, Jennifer Corrin, Michihiro Kaino, Benjamen Gussen, Anthony Gray, Jessica Viven-Wilksch, Hoong Phun Lee, Colin Campbell, Drossos Stamboulakis, Jonathan Liljeblad, Erika Techera, Sophia O'Brien, Tiziana Torresi
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  • Date Published: June 2019
  • availability: Available
  • format: Hardback
  • isbn: 9781108475297

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About the Authors
  • This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

    • Shows how legal systems in the regions have adapted alien legal institutions in a way that aligns with distinctive socio-political environments
    • Discusses multinational and international policies such as enforcement of trans-border contractual obligations, environmental protection, and the management of natural resources and human capital
    • Provides an internal perspective on the recent historical developments of a range of legal traditions
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    Product details

    • Date Published: June 2019
    • format: Hardback
    • isbn: 9781108475297
    • length: 352 pages
    • dimensions: 234 x 158 x 22 mm
    • weight: 0.63kg
    • availability: Available
  • Table of Contents

    Introduction Vito Breda
    1. The legal transplants debate: getting beyond the impasse? Andrew Harding
    2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin
    3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino
    4. On the Hardingian renovation of legal transplants Benjamen Gussen
    5. The incomplete legal transplant – good faith and the common law Anthony Gray
    6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch
    7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell
    8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis
    9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad
    10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera
    11. Global norms
    Local resistance: addressing impunity in Japan and beyond Sophia O'Brien
    12. Legal transplants, temporary migration projects and special rights Tiziana Torresi
    13. Conclusion Vito Breda.

  • Editor

    Vito Breda, University of Southern Queensland
    Vito Breda is the Research Leader of the International Comparative Research Group and Senior Lecturer in Law at the University of Southern Queensland School of Law and Justice. Previously, he was a MacCormick Fellow at the Law School of the University of Edinburgh, Visiting Fellow at the Centre for European Studies at the Australian National University and tenure holder at Cardiff Law School. He is a co-manager of the Applied Philosophy and Public Ethics Group, which has over 8,500 members worldwide. Vito is the sole author of Constitutional Law and Regionalism (2018) and also wrote The Objectivity of Judicial Decisions (2017). He was the co-editor with Lidka Rodack of Diverse Narratives of Legal Objectivity (2016).

    Contributors

    Vito Breda, Andrew Harding, Jennifer Corrin, Michihiro Kaino, Benjamen Gussen, Anthony Gray, Jessica Viven-Wilksch, Hoong Phun Lee, Colin Campbell, Drossos Stamboulakis, Jonathan Liljeblad, Erika Techera, Sophia O'Brien, Tiziana Torresi

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