Law Reform in Developing and Transitional States

Taylor, Veronica L.

doi:10.4324/9780203962305

Cited by 38 publications

(8 citation statements)

References 8 publications

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“…20 Carothers (1998); Trubek & Santos, supra note 17, pp. 3, 5, 6;Berkowitz et al (2003); Lindsey (2007).…”

Section: B Development By Transplantunclassified

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Erie

2021

AsianJLS

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Legal transplants are broadly recognized as one of the main mechanisms by which donor states influence the legal development of recipient states. The experience of China, however, challenges convention. While, in recent years, China has been one of the largest capital-exporting countries in the world and has mobilized law to protect its investment in high-risk recipient states, legal transplants have, to date, not played a major role in China’s approach to law and development. This article examines this puzzle through the case of China’s participation in formulating Vietnam’s 2018 SEZ Bill. In doing so, this article sets forth a number of hypotheses as to why Chinese law has thus far not assumed the form of legal transplant. The example of the SEZ Bill demonstrates how Chinese legal transplants depend as much on the “pull” of recipient states as they do on the “push” of the donor. The case-study of the SEZ Bill raises important questions not only for Chinese law and development, but also, more generally, for the viability of “second-order” legal transplants: those from an Asian donor to an Asian recipient.

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“…20 Carothers (1998); Trubek & Santos, supra note 17, pp. 3, 5, 6;Berkowitz et al (2003); Lindsey (2007).…”

Section: B Development By Transplantunclassified

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Erie

2021

AsianJLS

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“…Obviously, it can be seen from almost all aspect of legal aspects such as in land-related administration, governance, judicature, inheritance, and marriage. For example, presenting proof concerning ownership right of land by means of ipso jure adopted from western culture does not fulfil the validity of proof according to ipso facto which is usually found in adat law 6 . Moreover, politics in court unification performed in several countries in postcolonialism has caused the uniformity of mechanism needed in dispute settlement which does not always bring merit and not relevant to the expectation of the locals.…”

Section: B Considering Paradigm Of Legal Pluralism In Lawmaking Processmentioning

confidence: 99%

Forming Legislation: Pluralism Between Adat Law and State Law

Anshari¹

2018

Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

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This article provides a discussion material concerning position of adat law in the process of forming positive law seen from the perspective of legal pluralism. The main issue focused on this article is to what extent, from the perspective of theories, adat law can be accommodated into a positive state law through the process of legal acculturation and assimilation. This article concludes that the fruitfulness of the making of positive law, taking, borrowing, or adopting adat law, will heavily rely on the capabilities of the parties involved to understand general principles, equality, and differences among legal systems.

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“…Historically and practically, the concept of a state of law arise in a variety of models, such as the law of the country according to the Qur'an and Sunnah or Islamic nomocracy (Horowitz, 1994), the law states according to the Continental European concept called rechtsstaat, according to state law of Anglo Saxon concept (rule of law), socialist legality, and Pancasila state law concept (Lindsey, 2006).…”

Section: Introductionmentioning

confidence: 99%

Supervisory Function on Judges: Prevent Corruption Context

Hasmi¹

2016

The Southeast Asia Law Journal

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<p align="justify">The purpose of this research was to determined the effectiveness of the supervision of the Supreme Court judges in Indonesia. Supervision the code of ethics and code of conduct of judges can be seen from the number of public complaints on judges are immoral and detention of judges by the Corruption Eradication Commission. The method used in this research was normative legal research/normative juridical, the data were analyzed descriptively qualitative. The research founded that The Supreme Court’s role in the framework of the supervision of judges has not been effective. This research suggested that judges should have high integrity, visionary, and also understanding for law and social sciences, and also should have the intellectual character, thus judges feel protected by the presence of the Supreme Court.</p>

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Law Reform in Developing and Transitional States

Cited by 38 publications

References 8 publications

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Law and Development Minus Legal Transplants: The Example of China in Vietnam

Forming Legislation: Pluralism Between Adat Law and State Law

Supervisory Function on Judges: Prevent Corruption Context

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