Mapping the Contours of East Asian Commercial Law for the Asian Century

(pp. xi-xxxvi), in Commercial Law in East Asia (ed. by R Tomasic and L Wolff), Farnham, Ashgate, 2014.

Posted: 12 Mar 2014

See all articles by Roman Tomasic

Roman Tomasic

University of South Australia; Durham University - Law School

Leon Wolff

Bond University - School of Law

Date Written: February 1, 2014

Abstract

This is the introductory chapter to a book on Commercial Law in East Asia that examines scholarly interpretations of the role played by commercial law in East Asia's economic rise. Some decades ago, Asian commercial law was largely neglected in the writings of legal scholars. This was because law as a discipline had been forged in prior European and American centuries; these roots have ill-served legal analysis in the new Asian century. Mainstream comparative law scholarship, for example, also tended to neglect regions such as China and Japan. Similarly, writing about globalisation and law has tended to reflect Western normative views and has been seen as mainly Eurocentric. However in recent decades we have seen a major transformation in the focus of legal scholarship with the rise in the volume and sophistication of East Asian commercial law scholarship. Commercial Law in East Asia seeks to expose readers to this new body of legal writing and theoretical analysis.

This is important as it has reminded us of the existence of different models of law; on the other hand there has also been evidence of the influence of "Americanisation" over the development of East Asian commercial law. The link between the role of commercial law and economic development deserves closer scrutiny; this has been mediated by the powerful role of the state in law reform in many East Asian countries. As a result, East Asian commercial law has often been implemented in different ways to that expected by Western models. The interaction of global and local influences, such as from indigenous legal traditions, has remained important. However, commercial law has tended to follow rather than cause economic development in East Asia; in the meantime, functional equivalents, such as dominant political forces, have played an important role in managing economic change in the region.

Keywords: Commercial Law, East Asia, Rule of Law, Globalisation, Law and Development

JEL Classification: K20, N15, N25, O10, P20

Suggested Citation

Tomasic, Roman A. and Wolff, Leon, Mapping the Contours of East Asian Commercial Law for the Asian Century (February 1, 2014). (pp. xi-xxxvi), in Commercial Law in East Asia (ed. by R Tomasic and L Wolff), Farnham, Ashgate, 2014., Available at SSRN: https://ssrn.com/abstract=2407444

Roman A. Tomasic (Contact Author)

University of South Australia ( email )

GPO Box 2471
ADELAIDE
City West, 5001
Australia

Durham University - Law School ( email )

Palatine Centre
Stockton Road
Durham, Durham
United Kingdom

HOME PAGE: http://www.durham.ac.uk

Leon Wolff

Bond University - School of Law ( email )

Gold Coast, QLD 4229
Australia

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