Localizing Global Competition Law In Vietnam: A Bottom-Up Perspective
John Gillespie (2015). LOCALIZING GLOBAL COMPETITION LAW IN VIETNAM: A BOTTOM-UP PERSPECTIVE. International and Comparative Law Quarterly, 64, pp 935-963
30 Pages Posted: 30 Oct 2015
Date Written: February 12, 2015
Global laws are an important inspiration for commercial law reforms around the world. Much analysis of this phenomenon emphasizes the capacity of regulatory élites, such as lawmakers, courts and lawyers, to adapt global laws to local conditions. What is often absent from this top-down analysis is a wide-ranging consideration of what the regulated think about global laws. This article aims to redress this shortcoming in the comparative literature by drawing fresh perspectives from bottom-up responses to global laws. It takes from socio-legal scholarship a framework for analyzing the interface between thought formation and social action and explores the question – how do the regulated conceptualize and localize global laws? If compliance is socially constructed from below, as this literature suggests, then attempts to understand legal globalization by focusing exclusively on regulatory élites misses much of the localization story.
Keywords: comparative law, competition law, legal transplant, legitimacy theory, transnational knowledge, Asia
Suggested Citation: Suggested Citation