Book contents
- Convergence and Divergence of Private Law in Asia
- Convergence and Divergence of Private Law in Asia
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 Uniform Law and the Production and Circulation of Legal Models
- 3 Convergence, Divergence and Diversity in Financial Law: The Experience of the UNCITRAL Model Law and Cross-Border Insolvency
- 4 The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration: Existing Models for Legal Convergence in Asia?
- 5 Convergences and Divergences: Comparing Contractual and Organizational Models in International Regulatory Cooperation
- 6 Law as a Market Standard: Voluntary Unification in Contract and Company Law
- 7 Is the Harmonisation of Asian Contract Law Possible? The Example of the European Union
- 8 The Presumption of Regularity in Chinese Corporate Contracting: Evidence and the Prospect of Regional Convergence
- 9 Mind the Gap: Studying the Implementation Discrepancy for the ASEAN Economic Community
- 10 The Rule of Law as Key to the ASEAN Legal Order: How Can It Be Ensured?
- 11 How Asian Should Asian Law Be?
- Index
1 - Introduction
Published online by Cambridge University Press: 17 February 2022
- Convergence and Divergence of Private Law in Asia
- Convergence and Divergence of Private Law in Asia
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 Uniform Law and the Production and Circulation of Legal Models
- 3 Convergence, Divergence and Diversity in Financial Law: The Experience of the UNCITRAL Model Law and Cross-Border Insolvency
- 4 The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration: Existing Models for Legal Convergence in Asia?
- 5 Convergences and Divergences: Comparing Contractual and Organizational Models in International Regulatory Cooperation
- 6 Law as a Market Standard: Voluntary Unification in Contract and Company Law
- 7 Is the Harmonisation of Asian Contract Law Possible? The Example of the European Union
- 8 The Presumption of Regularity in Chinese Corporate Contracting: Evidence and the Prospect of Regional Convergence
- 9 Mind the Gap: Studying the Implementation Discrepancy for the ASEAN Economic Community
- 10 The Rule of Law as Key to the ASEAN Legal Order: How Can It Be Ensured?
- 11 How Asian Should Asian Law Be?
- Index
Summary
There have been increasing and stronger calls for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale that would include major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing amongst others that in so doing uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. That commercial law has come under the lens as a particularly suitable candidate for harmonization is, in a sense, unsurprising. It is for one ostensibly seen as a technical and relatively uncontroversial area of law, as opposed, for instance, to public law. For another, or probably for that precise reason, this area has been the historical choice for attempts at harmonizing substantive law – think of the CISG, the UCC in the United States or the recently proposed CESL in the European Union. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia.
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- Publisher: Cambridge University PressPrint publication year: 2022