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Bibframe Work

Title
Convergence and divergence of private law in Asia
Type
Text
Monograph
Multimedia
Subject
Commercial law--East Asia--International unification--Congresses (LCSH)
Commercial law--Southeast Asia--International unification--Congresses (LCSH)
Language
English
Geographic Coverage
Classification
LCC: KNC242.A6 (Assigner: dlc) (Status: used by assigner)
DDC: 346.5 full (Assigner: dlc)(Source: 23)
Supplementary Content
index
Content
text
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"-- Provided by publisher.
Table Of Contents
Introduction / Dr Gary Low
Uniform Law and the production and circulation of legal models / Dr Luca Castellani
Convergence, divergence and diversity in Financial Law : the experience of the UNCITRAL Model Law on cross-border insolvency / Associate Professor Andrew Godwin
The New York Convention and the UNCITRAL Model Law on International Commercial Arbitration : existing models for legal convergence in Asia? / Dr Michael Hwang SC
Convergences and divergences : comparing contractual and organisational models in international regulatory cooperation / Professor Fabrizio Cafaggi
Law as a market standard : voluntary unification in contract and Company Law / Professor Andreas Engert
Is harmonisation of Asian Contract Law possible? The example of the European Union / Dr Mateja Durovic & Professor Geraint Howells
The presumption of regularity in Chinese corporate contracting : evidence and prospect of regional convergence / Dr Charles Zhen Qu
Mind the gap : studying the implementation discrepancy for the ASEAN economic community / Dr Sanchita Basu Das
The rule of law as key to the ASEAN legal order : and how is it to be ensured? / Professor Sir Francis Jacobs KCMG QC
How Asian should Asian Law be? An outsider's view / Professor Ralf Michaels.
Authorized Access Point
Towards an Asian Legal Order: Conversations on Convergance (Conference) (2018 : Singapore Management University) Convergence and divergence of private law in Asia