A Guide to Business Law in Asia

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433457138


Edited by Doctor Pitman Potter and Doctor Ljiljana Biukovic of the UBC Institute of Asian Research, this international law text offers an integrative theoretical and practical approach to the development of business laws in China, India, Indonesia, Hong Kong, Korea, Japan and Taiwan.

It includes an introduction to the theory of selective adaptation, which emphasizes the importance of understanding local conditions, legal cultures and institutional infrastructure for conducting successful business in foreign jurisdictions, and also offers a comprehensive analysis of national legal frameworks within which local business operates. The work is unique in connecting three levels of regulation of business - national, regional and international, providing useful direction and information on the interaction of legal rules in Asia and consequences of conducting business under such a complex net of legal rules.

Each chapter provides an overview of the business law system in the selected country, identifying key local issues and the adaptation of international regimes, eg: World Trade Organisation, and reviews local conditions and provides insight into their meaning, eg: property regime in Indonesia, with discussion of possible future developments. Each chapter also provides an appendix of current laws and regulations for the economy selected, as well as lists of text and electronic resources on business law and regulation.

Table of Contents

SECTION I: Conceptual Frameworks
Chapter 1: Globalization and Business Regulation in Local Context – Pitman B. Potter, UBC Law Faculty
Chapter 2: International, Regional and National Laws Intertwined in Asia – Ljiljana Biukovic, UBC Law Faculty
SECTION II: Systemic Overviews
Chapter 3: Business Law in Mainland China – Zhang Xianchu, Hong Kong University Law Faculty
Chapter 4: Business Law in Hong Kong: Formative Influences and Future Directions – Mark Williams, Hong Kong Polytechnic University
Chapter 5: Business Law in Japan – Professor Shigenori Matsui, UBC Law Faculty
Chapter 6: Business Law in Korea – Professor Dr. Jewan Kim, Korea University College of Law
Chapter 7: Business Law in India – Professor Smita Sabne, ILS Law College
SECTION III: Case Studies
Chapter 8: The Legal and Regulatory Environment for Business in Post-Reform Indonesia – Veronica Taylor, University of Washington Law School
Chapter 9: Taiwan's Recent Business Law Development Financial Holding Companies and the Financial Holding Company Act in Taiwan; U.S. Model, Compared – Emily Lee, Hong Kong University Law Faculty
Table of Cases and Regulations
Contributor Biographies

General Editor: Pitman B. Potter, Co-Editor: Ljiljana Biukovic

Pitman B. Potter, J.D., Ph.D., is a Professor of Law at the University of British Columbia Law Faculty and Director of UBC Institute of Asian Research. His teaching and research focus on the People's Republic of China and Taiwan law and policy in foreign trade and investment, dispute resolution, intellectual property, contracts, business regulation, and human rights. Dr. Potter is admitted to the practice of law in British Columbia, Washington and California, and serves as a consultant to Borden Ladner Gervais LLP. As a Chartered Arbitrator, he is engaged in international trade arbitration work involving China.

Ljiljana Biukoviæ, LL.B., LL.M., Ph.D., is an Assistant Professor teaching Contracts, European Union Law, External Relations of EU, and Global Law at the University of British Columbia Law Faculty. She is an associate of the UBC Institute for European Studies. Dr. Biukoviæ's current research interests are the adaptation of international legal norms by national governments, the impact of regionalism on multilateral trade negotiations, and the development of EU law. She recently received a Farris Award to research the interface between arbitration and the courts.

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