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1 - The Theoretical Framework

Published online by Cambridge University Press:  16 February 2023

Amber Darr
Affiliation:
University of Manchester
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Summary

Although law was placed at the centre of the development process in the Law and Development movement launched in the 1960s, there was limited understanding at the time of the factors necessary for borrowed laws to succeed in the adopting country. This chapter investigates the theoretical links between adoption and implementation of borrowed competition laws and integrates strands from comparative law, literature on policy diffusion and transfer, and new institutional economics to develop a framework for examining competition law transplants as they proceed along the deliberation–adoption–implementation continuum. This chapter argues that a borrowed law may be considered successful if it is understood, utilised, and applied in the borrowing country and continues to grow in and become a part of its pre-existing legal system. It further argues that this is only possible if the borrowed law is compatible with the context of the adopting country and enjoys a degree of legitimacy in it.

Type
Chapter
Information
Competition Law in South Asia
Policy Diffusion and Transfer
, pp. 1 - 27
Publisher: Cambridge University Press
Print publication year: 2023

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  • The Theoretical Framework
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009247184.002
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  • The Theoretical Framework
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009247184.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Theoretical Framework
  • Amber Darr, University of Manchester
  • Book: Competition Law in South Asia
  • Online publication: 16 February 2023
  • Chapter DOI: https://doi.org/10.1017/9781009247184.002
Available formats
×