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CONTRACTS LAW IN ASIA ARE WE LOOKING AT THE RIGHT THINGS?

CONTRACTS LAW IN ASIA ARE WE LOOKING AT THE RIGHT THINGS?. Prof David K. Linnan LAW E506 Class One 01/05/04. APPROACH. Coursepage: http://www.lfip.org/lawe506 LISTSERV asianlaw under class administration link on coursepage

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CONTRACTS LAW IN ASIA ARE WE LOOKING AT THE RIGHT THINGS?

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  1. CONTRACTS LAW IN ASIA ARE WE LOOKING AT THE RIGHT THINGS? Prof David K. Linnan LAW E506 Class One 01/05/04

  2. APPROACH Coursepage: http://www.lfip.org/lawe506 LISTSERV asianlaw under class administration link on coursepage Circa 4 videoconferenced speakers (occasional Mondays, then room 119) Room 133 today & 212 Wednesday

  3. APPROACH Not a survey of 10-15 countries’ substantive contracts law Focus on CISG for internationalized law, plus 3 jurisdictions as examples (China, Japan & Indonesia) looking at hidden themes

  4. HIDDEN THEMES • Formal Enforcement Systems & Economic Activity 2. Character of Formal vs. Informal Enforcement Systems (instead of just courts alone, foreign vs. domestic courts, vs. arbitration, vs. quasi-public or political risk insurance (OPIC, Hermes, etc.), vs. business reputation

  5. HIDDEN THEMES • Formally, (most) Asian law systems are Civil Law in origin either due to colonial history or modernization approaches (perhaps mixed now) • Balancing formal legal system claims re indigenous law vs. formalism of Civil Law (plus enforcement issues, plus legal pluralism)

  6. HIDDEN THEMES • Arguments about cultural vs. economic explanations of social behavior including law • Prob. of discrete contract law (neo-classical microeconomics) vs. relational business in the rule & enforceability of promises generally

  7. HIDDEN THEMES • Role of the State in the Economy which is a different creature than private parties (public int’l law sovereign immunity vs. Continental pattern administrative courts & law)

  8. 3 READINGS Manulife (Linnan) Grand Theory Limits (Alford) Taxonomy and Change (Mattei)

  9. MANULIFE What happened factually? Whom did it happen to? What were the differing vantage points & why?

  10. MANULIFE How many of our hidden themes are in the story?

  11. OTHER READINGS What to take away from Alford & Mattei?

  12. WEDNESDAY For next class’ readings, see course materials link on course page Meet in room 212

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