Globalisation and Resistance

Law Reform in Asia Since the Crisis

Christoph Antons (Redaktør) ; Volkmar Gessner (Redaktør)

Serie: Onati International Series in Law and Society 20

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. Les mer
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Om boka

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.

Fakta

Innholdsfortegnelse




































































































Prefacevii




List of Contributors

xi




Introduction

1(24)




Christoph Antons





Volkmar Gessner





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

25(106)




Legalisation and the Varieties of Capitalism

27(26)




Volkmar Gessner





Transnationalisation of Law, Globalisation and Legal Pluralism: a Legal Anthropological Perspective

53(28)




Franz Von Benda-Beckmann





Keebet Von Benda-Beckmann





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

81(24)




Christoph Antons





Politics, Ideology and Legal System Reform in Northeast Asia

105(26)




John K M Ohnesorge





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

131(78)




Southeast Asia, 1997-2003: Two Case Studies on the Politics of Law and Development

133(24)




Andrew Harding





Law, Terror and the Indian Legal Order

157(22)




Oliver Mendelsohn





Role/Rule of Law in China Reconsidered

179(30)




Jianfu Chen





PART 3: ADMINISTRATIVE REFORM AND DECENTRALISATION

209(44)




Between Global Forces and Local Politics: Decentralisation and Reorganisation of Village Government in Indonesia

211(42)




Franz





Keebet Von Benda-Beckmann





PART 4: COMMERCIAL LAW REFORM

253(50)




Foiling the Financial Hegemons: Limits to the Globalisation of Corporate Insolvency Regimes in Indonesia, Korea and China

255(48)




Terence C Halliday





Bruce G Carruthers

Index303

Om forfatteren

Christopher Antons is Professor of Comparative Law and Director, Centre for Comparative Law and Development Studies in Asia and the Pacific, at the University of Wollongong, Australia. Volkmar Gessner is Professor of Sociology of Law and Comparative Law at the Law Faculty, University of Bremen, Germany.