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Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania.
List of contents
Introduction Vito Breda; 1. The legal transplants debate: getting beyond the impasse? Andrew Harding; 2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin; 3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino; 4. On the Hardingian renovation of legal transplants Benjamen Gussen; 5. The incomplete legal transplant - good faith and the common law Anthony Gray; 6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch; 7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell; 8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis; 9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad; 10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera; 11. Global norms; Local resistance: addressing impunity in Japan and beyond Sophia O'Brien; 12. Legal transplants, temporary migration projects and special rights Tiziana Torresi; 13. Conclusion Vito Breda.
About the author
Vito Breda is the Research Leader of the International Comparative Research Group and Senior Lecturer in Law at the University of Southern Queensland School of Law and Justice. Previously, he was a MacCormick Fellow at the Law School of the University of Edinburgh, Visiting Fellow at the Centre for European Studies at the Australian National University and tenure holder at Cardiff Law School. He is a co-manager of the Applied Philosophy and Public Ethics Group, which has over 8,500 members worldwide. Vito is the sole author of Constitutional Law and Regionalism (2018) and also wrote The Objectivity of Judicial Decisions (2017). He was the co-editor with Lidka Rodack of Diverse Narratives of Legal Objectivity (2016).
Summary
Explores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.
