Roman Tomasic - Commercial Law in East Asia

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Commercial Law in East Asia

The Library of Essays on Law in East Asia

edited by Roman Tomasic

Titles in the Series:

Law and Society in East Asia

Christoph Antons and Roman Tomasic

Public Law in East Asia

Albert H. Y. Chen and Tom Ginsburg

International Law in East Asia

Zou Keyuan and Jianfu Chen

Commercial Law in East Asia

Roman Tomasic and Leon Wolff

Commercial Law in East Asia

Edited by

Roman Tomasic

University of South Australia, Australia

Leon Wolff

Bond University, Australia

First published 2014 by Ashgate Publishing

Published 2016 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Roman Tomasic and Leon Wolff 2014. For copyright of individual articles please refer to the Acknowledgements.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Wherever possible, these reprints are made from a copy of the original printing, but these can themselves be of very variable quality. Whilst the publisher has made every effort to ensure the quality of the reprint, some variability may inevitably remain.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library.

The Library of Congress has cataloged the printed edition as follows: 2013942290

ISBN 9780754628682 (hbk)

Contents

---

Rationale: What is the Importance of East Asian Commercial Law both Now and into the Future?

Rule of Law: Does the Rule of Law Matter in East Asian Commercial Law?

Global and Local Influences: To What Extent is Asian Commercial Law a Mix of the Global and the Local?

Negotiations

Commercial Transactions

Commercial Dispute Resolution

Corporate Law and Corporate Governance

---

Ashgate would like to thank the researchers and the contributing authors who provided copies, along with the following for their permission to reprint copyright material.

American Journal of Comparative Law for the essays: Donald C. Clarke (2003), Economic Development and the Rights Hypothesis: The China Problem, The American Journal of Comparative Law,51, pp. 89111; Li-Wen Lin (2009), Legal Transplants through Private Contracting: Codes of Vendor Conduct in Global Supply Chains as an Example, The American Journal of Comparative Law,57, pp. 71144.

Australian Journal of Asian Law for the essay: Quan H. Nguyen (2007), The Norms and Incentive Structures of Relational Contracting in Vietnam Two Surveys, Australian Journal of Asian Law, , pp. 4465. Copyright 2007 Australian Journal of Asian Law.

Berkeley Law, University of California for the essay: Hwa-Jin Kim (1999), Living With the IMF: A New Approach to Corporate Governance and Regulation of Financial Institutions in Korea, Berkeley Journal of International Law,17, pp. 6194. Copyright 1999 by the Regents of the University of California.

Chen Su for the essay: Chen Su (2009), The Establishment and Development of the Chinese Economic Legal System in the Past Sixty Years, Columbia Journal of Asian Law,23, pp. 10936.

Elsevier for the essay: John A. Pearce II and Richard B. Robinson Jr (2000), Cultivating Guanxi as a Foreign Investor Strategy, Business Horizons,43, pp. 318.

Journal of Japanese Law for the essay: Dan W. Puchniak (2009), Delusions of Hostility: The Marginal Role of Hostile Takeovers in Japanese Corporate Governance Remains Unchanged, Journal of Japanese Law,28, pp. 89120.

LexisNexis for the essays: Mohammad Rizal Salim (2006), Legal Transplantation and Local Knowledge: Corporate Governance in Malaysia, Australian Journal of Corporate Law,20, pp. 5583. Copyright 2006 Mohammad Rizal Salim and LexisNexis; Philip Lawton (1996), Berle and Means, Corporate Governance and the Chinese Family Firm, Australian Journal of Corporate Law,6, pp. 34879; Copyright 1996 Philip Lawton and LexisNexis; Roman Tomasic (1995), Company Law and the Limits of the Rule of Law in China, Australian Journal of Corporate Law,4, pp. 47087. Copyright 1995 Roman Tomasic and LexisNexis.

The Michigan Law Review Association for the essay: Yoshiro Miwa and J. Mark Ramseyer (2000), Rethinking Relationship-Specific Investments: Subcontracting in the Japanese Automobile Industry, Michigan Law Review,98, pp. 263667. Copyright The Michigan Law Review Association.

Oxford University Press for the essay: Junji Nakagawa (2007), No More Negotiated Deals?: Settlement of Trade and Investment Disputes in East Asia, Journal of International Economic Law,10, pp. 83767. Copyright 2007 Oxford University Press.

Sage Publications for the essay: Richard P. Appelbaum (1998), The Future of Law in a Global Economy, Social and Legal Studies,7, pp. 17192. Copyright 1998 Sage Publications, London, Thousand Oaks, CA, and New Delhi.

Taylor and Francis for the essay: John Gillespie (2009), Testing the Limits to the Rule of Law: Commercial Regulation in Vietnam, The Journal of Comparative Asian Development,8, pp. 24572. Copyright 2009 National Communication Association, reprinted by permission of Taylor & Francis Ltd, www.tandfonline.com on behalf of the National Communication Association.

University of Pennsylvania Law Review for the essay: Curtis J. Milhaupt (2001), Creative Norm Destruction: The Evolution of Non-legal Rules in Japanese Corporate Governance, University of Pennsylvania Law Review,149, pp. 2083129.

University of Texas for the essay: Douglas W. Arner, Charles D. Booth, Paul Lejot and Berry F.C. Hsu (2007), Property Rights, Collateral, Creditor Rights, and Insolvency in East Asia, Texas International Law Journal,42, pp. 51559.

John Wiley and Sons for the essays: James K. Sebenius (2002), Caveats for Cross-Border Negotiators, Negotiation Journal,18, pp. 12133; Saadia M. Pekkanen (2001), Aggressive Legalism: The Rules of the WTO and Japans Emerging Trade Strategy, The World Economy, , pp. 70737. Copyright 2001 Blackwell Publishers Ltd.

Every effort has been made to trace all the copyright holders, but if any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangement at the first opportunity.

Publishers Note

The material in this volume has been reproduced using the facsimile method. This means we can retain the original pagination to facilitate easy and correct citation of the original essays. It also explains the variety of typefaces, page layouts and numbering.

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