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Insolvency Law Reforms in Asian Developing Countries - An Epitome of Legal Transplants (Paperback, 1st ed. 2022)
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Insolvency Law Reforms in Asian Developing Countries - An Epitome of Legal Transplants (Paperback, 1st ed. 2022)
Series: Kobe University Social Science Research Series
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This book examines the outcomes of the economic law reforms in
Asian developing countries, guided by the leading international
development financiers such as the World Bank and the Asian
Development Bank. Included is a particular focus on the recent
"insolvency law" reforms in the Asian emerging economies, such as
Vietnam, Laos, and Myanmar. Such legal reforms are the results of
the "transplant" of the model law provided by these donor agencies,
a law that was created in the post-Asian Currency Crisis in the
1990s. This book therefore examines the outcomes of three decades
of donor-guided legal reforms. Appropriately, it applies not only
the static approach to the legal texts but also an empirical
methodology through interview surveys of the corporate and
financial sectors. Following the introduction in Chapter I, Chapter
II reviews the basic theories and presents the methodological
framework. Chapter III then analyzes the contents of insolvency law
reforms in the major target countries, namely, Vietnam, Laos, and
Myanmar. Chapter IV provides a closer investigation into the design
choices of Myanmar's 2020 Insolvency Law as a typical example of
the law reform involving the inter-donor conflict of law models
between the Asian Development Bank and Japan's official development
assistance project. Lastly, Chapter V applies an empirical approach
to the functioning of insolvency law, through international
collaboration for interview surveys with small and medium-sized
enterprises (SMEs) and their financiers.
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