This chapter surveys the existing literature as it relates to this book. Four broad categories of literature are identified as particularly important. First, legal transplant theory and other ...theories that adopt a socio-legal approach to the study of regulatory change are relevant to the problem examined in this book, which is whether, and which, regulatory reforms aimed at promoting greater gender equity on company boards might successfully be adopted in China and/or India. Second, there is that body of literature relevant to understanding how regulatory/institutional change occurs within a given cultural/institutional context. Institutional theory considers the processes by which structures, including rules, norms and routines, become established as authoritative guidelines for social behaviour. It inquires into how those elements are created, diffused and adopted over space and time. Although the focus is typically on the perpetuation of stability and order, institutional theory also seeks to understand processes of conflict, reform and change in social structures (Meyer & Rowan, 1977; DiMaggio & Powell, 1983; Powell & DiMaggio, 1991; Scott, 1987, 2004). Dutch social psychologist and management scholar Hofstede and other cross-cultural scholars have examined the way in which institutions and social structures (norms, values, practices and rules) differ between nations at a fundamental, cultural level. The insights of cross-cultural scholars inform the use of institutional change theory and legal transplant scholarship as a framework for this book. Hofstede and other cross-cultural scholars have emphasised the importance of gender roles in national cultures, and drew upon a broader tradition of gender studies literature in their work. This broader tradition of gender studies literature, particularly as it relates to gender and leadership, has also helped to inform this book.
In this Paper we provide a strategic explanation for the spontaneous convergence of legal rules, which nevertheless falls short of harmonization across jurisdictions. We identify a free-riding ...problem and discuss its implications for legal culture, integration, and harmonization. It is argued that harmonization of legal rules by a central authority in order to generate a uniform legal culture could be the response to a coordination failure. It could also be a serious policy mistake, however, leaving everybody worse off. The result depends crucially on the relative benefits and costs of importing and integrating different legal orders.
We can start seeking the new ways by studying the theory of commercial law first. We can begin with past approaches. A new theory will be proposed in Chap. 4. Commercial law has something to do with ...firms. One might assume that there could be a connection between theories of commercial law and theories of the firm. Unfortunately, there has not been any such connection in the past. There are two reasons for this: the sorry state of commercial law theory; and the phenomena studied in commercial law research.
The paper analyses the legal transfer of formal rules regulating stock markets in Spain between 1800 and 1936. We argue that the transfer of French legislation in the 1830s provoked a “transplant ...effect”, which generated serious distortions in Spanish financial markets. As a result, Spain developed a unique system in which official French style stock markets coexisted with Anglo-Saxon style free markets and small traditional markets, reminiscent of the ancien regime. This unique schism of systems reflects the result of multiple natural experiments whereby each region constituted its own stock market system. Diverse economic scenarios and path-dependence processes determined different institutional settings. We find that the unparalleled Spanish system was the result of lacking central power, persistence of institutional inertia, and the diversity of Spain´s geographical economy.
Conclusion
Intellectual Property in the Global Trading System
Book Chapter
International trade law scholars tend to maintain that a stronger IPR regime is catalyst of economic growth by promoting innovations and stimulating transfer of technology. However, over the past ...years since the establishment of the global trade system, it still remains undecided as to whether and how the introduction of the Western-style IPR regime and its infrastructure would generate significant economic growth as expected in the developing world. IPR can either trigger or stifle innovation. They can either promote or hinder economic growth. While improved IPR protection is a potential benefit for further economies growth in a long run, whether or not we can subsequently set up a cause and effect relationship between stronger IPR protection and economic growth remains economically untested.
The paper analyses the legal transfer of formal rules regulating stock markets in Spain between 1800 and 1936. We argue that the transfer of French legislation in the 1830s provoked a “transplant ...effect”, which generated serious distortions in Spanish financial markets. As a result, Spain developed a unique system in which official French style stock markets coexisted with Anglo-Saxon style free markets and small traditional markets, reminiscent of the ancien regime. This unique schism of systems reflects the result of multiple natural experiments whereby each region constituted its own stock market system. Diverse economic scenarios and path-dependence processes determined different institutional settings. We find that the unparalleled Spanish system was the result of lacking central power, persistence of institutional inertia, and the diversity of Spain´s geographical economy.
Po krátkom úvode sa článok zaoberá terminologickými otázkami a potom klasifikuje rozličné formy medzinárodnej participácie na ústavodarnom procese. Táto participácia nie je totožná s jednoduchým ...vplyvom na ústavodarné procesy. Nasledovanie zahraničných modelov môže byť aj viac-menej dobrovoľné. Mnohé nové štáty Európy v 19. storočí napríklad nasledovali belgickú ústavu z roku 1831. Aj vplyv britských a francúzskych riešení bol intenzívny. Počas dlhého obdobia v 20. storočí bol zase typický
vplyv sovietskeho ústavného modelu. Aktívna medzinárodná alebo zahraničná právna a politická asistencia v ústavodarnom procese je úplne iná záležitosť.Vtiahnutie zahraničných a medzinárodných faktorov do tohto procesu môže byť priame alebo nepriame. Daná štúdia sa najprv zaoberá tzv. hard formami medzinárodnej právnej asistencie, potom zase jej miernejšími soft formami. Potom sa štúdia sústreďuje predovšetkým na vývoj v 20. storočí, ale krátko venuje pozornosť aj udalostiam z 19. storočia (budovanie nových štátov na Balkáne). V záverečnej časti je reč aj o podobe ústavnoprávnej asistencie v posledných rokoch Československa.
After short introduction the paper deals with terminological issues, then it classifies different forms of international participation in the constitution-making process. This participation is not identical with the simple impact of foreign models on the constitution-making. Drawing different levels of inspirations from foreign models is more or less voluntary.Many new countries in Europe in the 19th century followed the model of Belgian constitution from 1831. The impact of British and French solutions was very intensive as well. For a long period in the 20th century Soviet-Russian
constitutional model was highly influential . Active international legal and political assistance in constitution-making is a different matter. The involvement of international factors in these processes can be direct or indirect. The paper focuses first on the hard form, then on the soft form of international legal assistance.Although the paper concentrates on the development in the 20th century, it briefly covers the events of the 19th century (state-building in Balkan) as well. Final part of the paper focuses
on the process of (constitutional) legal assistance in the last years of Czechoslovakia.
The life of the Jewish-Russian-Latvian-American legal scholar Max Laserson was punctuated by emigration and exile. This article explores the impact that this experience had on his scholarship. While ...Laserson’s audience and research topics changed as he moved from place to place, his origins as both a Jew and a native of Latvia, a borderland region between East and West, influenced his scholarship throughout his life. Wherever he lived, he became a “borderland jurist”, an intermediary who transplanted foreign ideas to a local audience.
