An Integrated Model Of Legal Transplantation
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An Integrated Model Of Legal Transplantation
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Author : Jean-Frederic Morin
language : en
Publisher:
Release Date : 2013
An Integrated Model Of Legal Transplantation written by Jean-Frederic Morin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Why do some countries adopt exogenous rules into their domestic law when those laws do not align with the country's specific interests? This article draws on the policy diffusion literature to identify four causal mechanisms that are hypothesized to give rise to those transplants in the case of asymmetric interests. While the literature presents these mechanisms independently, this article argues that each works in combination with the others to facilitate legal transplantation. The empirical demonstration is based on a quantitative analysis of legal transplants in the field of intellectual property (IP), and incorporates an original index of IP protection in 121 developing countries over 14 years. Our results suggest that, while one mechanism - coercion - is instrumental in initiating the transplantation process, it fades over time and is largely supplanted by three others: contractualization, socialization and regulatory competition acting in a mutually supportive manner. This article concludes with a plea for theoretical eclecticism, acknowledging multi-causality and context-conditionality. Any comprehensive explanation of legal transplantation must include the identification of mutual reinforcement between causal mechanisms, rather than simply ranking their relative contributions.
Transplanting Commercial Law Reform
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Author : John Gillespie
language : en
Publisher: Routledge
Release Date : 2017-03-02
Transplanting Commercial Law Reform written by John Gillespie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Political Science categories.
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Explaining Legal Transplants
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Author : Beata Kviatek
language : en
Publisher: Wolf Legal Publishers
Release Date : 2015
Explaining Legal Transplants written by Beata Kviatek and has been published by Wolf Legal Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with International and municipal law categories.
What conditions drive or impede the transfer and reception of laws and how? In other words, what is the social explanation of legal transplantation - one of the most common forms of legal change? The answers to these questions are important not only for social and legal scholars, but also for designers of legal reforms. This book presents an interdisciplinary attempt to explain the legal transplantation process by identifying conditions that shaped transplantation of EU regulatory rules to Central Eastern Europe. Based on a critical review of literature, the author developed an analytical framework for describing the pattern of legal transplantation. The comparison of general approximation in Lithuania and Poland revealed the determining importance of institutional and ideational conditions, whereas structural and psychological conditions, differently from what is often claimed in the literature, appeared to be less important. Indeed, during the early period of integration, both countries opted for American legal transplants despite growing proximity with the EU. During pre-accession institutional and ideational conditions were responsible for delay in approximation in Lithuania and progress in Poland. Analysis of transplantation of EU competition policy and state aid control rules confi rmed the importance of institutional and ideational conditions, although diff erent from sets of conditions in general approximation process. It is concluded that legal transplantation patterns are better explained by arguments relying on institutional and ideational logic, rather than on structural or psychological, and that sets of shaping conditions diff er per policy area and phase of the transfer process. [Subject: European Law, Comparative Law]
The Global Governance Of Knowledge
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Author : Peter Drahos
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-28
The Global Governance Of Knowledge written by Peter Drahos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-28 with Law categories.
Patent offices around the world have granted millions of patents to multinational companies. Patent offices are rarely studied and yet they are crucial agents in the global knowledge economy. Based on a study of forty-five rich and poor countries that takes in the world's largest and smallest offices, Peter Drahos argues that patent offices have become part of a globally integrated private governance network, which serves the interests of multinational companies, and that the Trilateral Offices of Europe, the USA and Japan make developing country patent offices part of the network through the strategic fostering of technocratic trust. By analysing the obligations of patent offices under the patent social contract and drawing on a theory of nodal governance, the author proposes innovative approaches to patent office administration that would allow developed and developing countries to recapture the public spirit of the patent social contract.
Legitimacy And Legality In International Law
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Author : Jutta Brunnée
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-05
Legitimacy And Legality In International Law written by Jutta Brunnée and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-05 with Law categories.
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Society And Legal Change 2nd Ed
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Author : Alan Watson
language : en
Publisher: Temple University Press
Release Date : 2001-08-15
Society And Legal Change 2nd Ed written by Alan Watson and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-15 with Law categories.
In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to society as a whole or to large or powerful groups within the society." Widely respected for his "fearless challenge of the accepted or dominant view and his own encyclopedic knowledge of Roman law" (The Encyclopedia of Historians and Historical Writing), Watson considers the development of law in global terms and across the centuries. His arguments centering on how societies borrow from other legal systems and the continuity of legal systems are particularly instructive for those interested in legal development and the development of a common law for the European Union. postamble();
Human Tissue In Transplantation And Research
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Author : David Price
language : en
Publisher: Cambridge University Press
Release Date : 2009-12-17
Human Tissue In Transplantation And Research written by David Price and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-17 with Law categories.
Deficiencies and shortfalls in the supply of human organs for transplantation and human tissue for research generate policy dilemmas across the world and have often given rise to major and deleterious controversies, such as those relating to organ and tissue retention practices following post-mortem examination. They also create an environment in which illegitimate commercial activities flourish. At the same time, patients are denied the therapy they desperately require and researchers are impeded from carrying out vital work into the causes of, and efficacious treatments for, major illnesses and diseases. David Price sets out a clear and integrated legal and policy framework which emanates from the tissue source but protects the interests of donors and relevant professionals through tailored property entitlements, but without presupposing rights to trade in 'original' materials.
The Right Of Access To Environmental Information
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Author : Sean Whittaker
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-18
The Right Of Access To Environmental Information written by Sean Whittaker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
A comparative analysis via legal transplant theory on how England, America and China guarantee the right to environmental information.
Elements Of International Law
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Author : Henry Wheaton
language : en
Publisher:
Release Date : 1836
Elements Of International Law written by Henry Wheaton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1836 with International law categories.
The Theory And Practice Of Institutional Transplantation
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Author : M. de Jong
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Theory And Practice Of Institutional Transplantation written by M. de Jong and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Business & Economics categories.
Inevitably, at a panel discussion not too long ago comparing planning cultures the discussion turned on the issue of globalisation. As a member of the panel, this author asked those in the audience who lived and/or worked in a country different from their country of origin to raise their hands. About half of the audience of well over one hundred academic teachers and researchers from all comers of the world, the present author included did so. Next he asked who had a spouse or partner from a country different from their country of origin to also raise their hands. About half of the audience, the present author included, raised their hands. This is the soft side of globalisation. The soft side of globalisation is important. Exchanges, personal mobility, international romances, multi-culturalism and multi-lingualism (inevitably meaning non-native speakers struggling to keep up with native English speakers) are part of the academic scene, so much so that we can hardly imagine it to be otherwise. These are not entirely new phenomena, but they have become ever more prominent, relying on an ever more elaborate institutional infrastructure of exchange programmes, international journals, associations and the global conference industry. It was at the AESOP (Association of European Schools of Planning) congress at Bmo in the Czech Republic in July 2000 that the plan for this book was hatched.