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Previous studies often attribute the poor enforcement of intellectual property rights (IPR) law in non-Western countries to environmental constraints, including social, political, or cultural factors. This article tries to reorient our focus to two intrinsic characteristics of legal rights appertaining to their social forms: the intangibility of the constructed legal object and the scope of contradictions among legal subjects. Based on 85 in-depth interviews from six IP-intensive industries in China, I propose a theoretical framework for combining the "textual" and contextual dimensions of studying legal transplants – the susceptibility of law. I argue that the intrinsic qualities of the IP legal concept imply a sizable gray space, making it difficult to interpret, hard to enforce, and thus more susceptible to specific contextual influences. The country-level contextual environment does not provide adequate technique, legitimacy, and experience to effectively enforce IPRs in general, yet some industries may benefit from a set of sub-contexts that provide compensatory support through product-embedded standardizations or network-embedded norms. Although these sub-contexts are not enough to produce a robust IPR regime as in the West, they do generate pockets of effectiveness, allowing industries to muddle through and profit, and an otherwise foreign institution gradually to take root. [ABSTRACT FROM AUTHOR]

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Although legal transplants are a most fertile source of legal development, a failure to adapt their methods to local traditions and cultures before putting them into practice often results in the loss of indigenous legal cultures. This article examines environmental jurisprudence in Nigeria. It aims to determine whether the failure of these laws to curb the trend of unsustainable natural resource use in the country is traceable to the indigenous legal cultures of sustainability that were lost in the process of transplanting colonial ideologies into the Nigerian legal system. The article submits that neglecting the innate standards of sustainability in Nigeria's environmental law-making (a practice adopted since the period of colonization) has made the extant laws on natural resource sustainability largely ineffective. It recommends reworking some of the laws to reflect the lost traditions and notes the cultural imperative for natural resource sustainability. [ABSTRACT FROM AUTHOR]

In 1866, religion played a significant role in unifying the Romanian national spirit. A foreign prince was brought to rule under the Orthodox faith, and this religious aspect was incorporated into Article 82 of the Constitution.

Copyright of Lex Humana is the property of Lex Humana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

While contracts by minors are generally voidable in most common law jurisdictions, the apex court in India and in Malaysia has each held that such contracts are void ab initio, following a century-old Privy Council decision in Mohori Bibee (1903) 30 ILR Cal 539. This article explores minors' contracts through the lens of legal transplant—viewing transplanted laws on a continuum, from a 'Strong Watson' perspective where English common law was adopted by the Indian courts, to a 'Weak Watson' position following the Privy Council's interpretation of the law in the Indian Contract Act 1872. The authors conclude that the current Weak Watson transplant of laws on minors' contracts is a 'misfitted' transplant which is neither consistent with the original intent of the transplanted law nor fit for purpose in a modern context. Given minors' inability to enter into contracts or seek remedies, urgent legislative reform or judicial reinterpretation is required in India and Malaysia. [ABSTRACT FROM AUTHOR]

As a modification on the general system of cartel leniency, leniency plus allows a cartelist who failed to secure complete immunity under the general leniency programme to obtain further reduction in sanctions in exchange of information regarding the operation of another anticompetitive agreement. Leniency plus originated in the US and has since been transplanted into various jurisdictions with a variety of modifications. Recently, the Indian government proposed the introduction of leniency plus into the Indian competition law framework with a view to to enhancing the efficiency of the Indian cartel leniency programme. This paper argues that the transplantation of leniency plus into the Indian competition regime might not yield the desired benefits, and might be counterproductive. It goes on to propose an increase in individual sanctions and introduction of clear guidelines as more apt remedies to help the Indian leniency regime. [ABSTRACT FROM AUTHOR]

Is there anything outstanding about the history of law in Poland? Is it particularly conducive to comparative research? In my attempt to answer these questions, I focussed on presenting two distinct comparative law methods: historical legal comparison and comparative legal history. The paper is divided into two parts. The first part elaborates on the characteristics of the respective methods and on the challenges of comparative legal history in a temporally diachronic perspective and why they are not so pronounced in historical legal comparison. In this part, I tried to document the claim that the existence of a comparative platform of similarities is a condition to obtain more reliable and better-documented results of comparative research. In the second part, I focussed on three cases visualising the possibilities for comparative legal research on the history of law in Poland. Regarding the pre-partition times, I analysed the comparative possibilities related to an analysis of the impact of the Roman law on the Old Polish legal culture. The other two examples concerned the history of law in post-partition Poland. First, I explored the potential triggered by the adoption of foreign laws in Poland in terms of comparative research. I used French commercial law to exemplify the problem. Then, I undertook to show the dormant potential of the particular situation of Poland divided into different legal areas for the development of the country’s own codes of law.

In this paper, we show that the ambiguousness of international legal principle is an open vessel for the receiving domestic politics to appropriate, so much so that it becomes self-contradictory. To a great extent, this international legal ambiguity has rendered international legal principle to be meaningless. To substantiate it, we discuss how global maritime cabotage principle is being translated in Indonesia. The Indonesian case suggests that both legal and extra-legal considerations have equally informed the ever-shifting meaning of cabotage principle. Clearly, this signifies that the process of domestic legislation plays the determining role in defining the semantic content of an international legal principle. In other words, it is important to take the domestic process of legislation seriously. As such, this paper presents a contribution to the discourse of the rule of law building in developing legal systems, such as Indonesia. [ABSTRACT FROM AUTHOR]

To overcome the problem of hyper-regulation and overlapping regulations, the Government carried out several deregulations by implementing the omnibus law to accelerate the simplification of rules. The focus of this legal study was on the legis ratio technique of the omnibus law Regulation on job creation from a legal and development perspective in Indonesia. This paper aims to analyze and contribute to the basis and reference for legal interpretation regarding applying the omnibus law technique through transplantation of national laws. This normative legal study employs both a statutory and a conceptual approach. The legal material analysis technique used is content analysis, which is any systematic procedure that encourages examining the content of the information obtained. This analysis focuses on all the secondary data obtained. After receiving the necessary data, this paper analyzes the data logically, systematically, and juridically. The research findings and discussion in this study are the subjects of the investigation. The following are obtained. First, the legislators have taken a progressive interpretation approach by changing the "omnibus" diction in the Preamble to letter e with the Job Creation Bill and not questioning the conflict between omnibus law techniques with the Act. 12 of 2011 concerning the Establishment of Legislation, so that the legal transplant process within the legal framework of development can be implemented through adjustments to national laws.

The law is permanently under construction. Most legal change is intentional. A legislator, a court, or one of the law's subjects hopes to better achieve a purpose by switching from one rule, one interpretation, or one remedy to the next. Yet empirically, legal innovation tends to be a process that takes time. At the macro level, the diffusion path is often S shaped: It does not start immediately and levels off after a while. This article links legal innovation to diffusion research and discusses micro processes that have the potential to generate the observed diffusion paths. [ABSTRACT FROM AUTHOR]

The modus operandi of big data governance was considered, and a typology was provided, which included simple analogies, legal transplantation, and regulatory imagination. Neither contradictory nor mutually exclusionary, all these modus may co-exist at a certain period on a continuous spectrum. To aid the reader’s understanding, the concept of path dependence was used as a point of reference. The first two modus operandi was essentially path-dependent whereas the third was characterized by detaching from any existing paths or inertial thinking. Based on this quasi-methodological account, some high-level recommendations were provided for big data governance. Firstly, as a means of governance, property thinking had been stretched to the logical point of exhaustion. It was of prime importance when and how derails from it while genuinely designing rules around data practices distinct from tangible goods exchange. Secondly, legal transplantation has been the engine for big data governance. Yet, transplantation was far more sophisticated than mere legal translation, and the former was more of a means rather than an end. Lastly, in contrast to the previous two path-dependent methods, a third modus operandi i.e., “regulatory imagination” was proposed, which stressed the urgent need to detach from any outdated paths or thinking. Building imaginative capacity was a complex and lengthy process, requiring interdisciplinary thoughts, cognition rooted in practices rather than concepts, and effective rule-theory interaction. [ABSTRACT FROM AUTHOR]

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This article discusses the influence of Western legal systems on Islamic law in Muslim countries, such as Turkey, Egypt, Iraq, Kuwait, Syria, Libya, Pakistan, Indonesia, and Malaysia. It uses the comparative law scholars’ legal transplant theory to see the influence. The article may enrich the discourses in Comparative and History of Law. It may contribute to many scholars and reformers of law who choose the best model of Islamic law reforms according to the histories of the law of their countries. This study shows that the transplantation of Western law in Muslim countries has occurred since the colonialism period, World War I, and World War II. These legal transplants occur by taking part in a foreign legal system, namely the modern Western legal system, for overall such as in Turkey, as well as the majority of modern Western legal methods synthesized with local law, such as in Egypt, Indonesia, Malaysia, and other Muslim countries. There are three types of Muslim countries based on Islamic law reforms undertaken. They are the Muslim countries that apply Islamic law and traditional fiqh, with no legal transplant; the Muslim countries that adopt Western law. This is a legal transplant, and Muslim countries implement Islamic law using appropriate Western methods and procedures. Moreover, this is a partial legal transplant. The law reform in Muslim countries was carried out by intra- and extra-doctrinal reform, legislation (regulation), and codification methods. The last three methods are the partial legal transplant models.

This research discusses legal transplants in Asian countries. Legal transplantation (legal transplantation) is a theory that began to be widely used by some comparative and socio-legal law scholars in the mid-1970s. Using a normative juridical research method, this study chooses a historical, comparative, case and conceptual approach in examining legal transplantation in Asian countries. The results of this study indicate that there are two types of legal transplants carried out by common law and civil law countries in Asia, namely historical legal transplants and practical legal transplants.

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Can the modernising paradigm of the European Union work? Can a country like Albania be democratised and economically developed through imposition of European Union principles, concepts, rules and standards? An obvious consequence of this paradigm is the development of a visionless politics, which is committed to only do its "homework". In this way Albanian politics has been transformed from "art of the possible" to "science of obedience". Moreover, the problem of social dysfunctionality of Europeanisation reforms have been added to the problem of deformation of the role of politics. These problems are treated from the viewpoint of sociology of law and political sociology, focusing specially on the concepts that aim at describing how, why, and with what effects happens the transfer of law from one legal system to another. In this light we argue that attention to environment is due, but environment in the sense this term is employed by systems theory. The article concludes that the problem of deformation of the role of politics and the problem of social dysfunctionality of Europeanisation reforms are inextricably linked with the current conception of the European integration process. This process ought to be reconceptualised dynamically so as to give an active role to politics, to bring back the vision it has lost in the metaphor of "homework", and it should not be regarded anymore as a list of costs and benefits, but as challenges and opportunities. [ABSTRACT FROM AUTHOR]

Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the nineteenth century, to explore an interesting Romanian theory that seems to have anticipated a series of modern ideas regarding the purpose, possibilities, and impossibilities of the circulation of legal models in the world. Following this approach, the main conclusion will be resumed to the idea that the Romanian theory of forms without substance can be integrated within the modern theories of legal transplant.

Copyright of Romanian Journal of Comparative Law / Revista Romana de Drept Comparat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper is dedicated to describing the way of reception by the Polish Constitutional Tribunal of the “chilling effect”, i.e. an institution related to such activities of public authorities that form an indirect act of deterrence regarding the execution of constitutionally guaranteed rights and freedoms, esp. the freedom of expression. The discussed concept has originated in judicial decisions of the US Supreme Court and has spread into many contemporary legal systems, including jurisprudence of the European Court of Human Rights. Although it is evident that the Tribunal “took over” that concept from the ECHR, it in fact developed its own, unfortunately internally inconsistent, understanding of the chilling effect. Four different ways of application of chilling effect may be noticed in judicial decisions of the Polish CT, while only two of them reflect the perception of this institution by the US Supreme Court and the ECHR. [ABSTRACT FROM AUTHOR]

The board or the shareholders are authorized to react when the company becomes a target of a hostile takeover bid. This reflects two value inclinations in corporate governance: the U.K. and the U.S. In the U.K., it is shareholders who play a primary role. By contrast, in the U.S., the board decides independently. Comparing the advantages and disadvantages of these two models, the board in the U.S. model is more likely to exert efforts and mitigate its drawbacks under regulations provided by the U.S. model while handling a hostile takeover. In contrast, the shareholders in the U.K. model have limited effects because it depends on their authority to handle a hostile takeover. This disadvantage makes it worse compared to the U.S. model. The discrepancy between these models reflects their variously regulated branches and value inclinations. Other jurisdictions can transplant the U.S. model to mitigate similar issues as an advanced model. However, in doing so, these jurisdictions need to be careful because the success of the U.S. model does not diverge from some elements on which it relies. Such elements are different in different jurisdictions. When one compares the branches and value orientation of the U.S. legal environment and the Chinese legal environment, one sees how difficult it can be for a jurisdiction without similar elements to those of the transplanted model to exert its efforts. [ABSTRACT FROM AUTHOR]

This paper analyzes the front-of-pack food labelling, with particular attention to Chilean, Colombian, Ecuadorian and Peruvian regulations (also de lege ferenda regulations). The aim is to contribute to a better understanding and use a comparative methodology, in particular of the figure of the legal transplant. In that sense, a concrete example of operability (not necessarily achieved) of a transplant is provided. The work also shows that the analyzed legislations are far from European models and take Latin American standards as a reference, contributing to a paradigm shift in relation to the traditional influence of foreign regulations that is usually incorporated into Latin American national systems. [ABSTRACT FROM AUTHOR]

Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC's rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one's own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform. [ABSTRACT FROM AUTHOR]

Copyright of Assicurazioni: Rivista di Diritto Economia e Finanza delle Assicurazioni Private is the property of Giappichelli Editore srl and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Legal transplants are broadly recognized as one of the main mechanisms by which donor states influence the legal development of recipient states. The experience of China, however, challenges convention. While, in recent years, China has been one of the largest capital-exporting countries in the world and has mobilized law to protect its investment in high-risk recipient states, legal transplants have, to date, not played a major role in China's approach to law and development. This article examines this puzzle through the case of China's participation in formulating Vietnam's 2018 SEZ Bill. In doing so, this article sets forth a number of hypotheses as to why Chinese law has thus far not assumed the form of legal transplant. The example of the SEZ Bill demonstrates how Chinese legal transplants depend as much on the "pull" of recipient states as they do on the "push" of the donor. The case-study of the SEZ Bill raises important questions not only for Chinese law and development, but also, more generally, for the viability of "second-order" legal transplants: those from an Asian donor to an Asian recipient. [ABSTRACT FROM AUTHOR]

This paper focuses on the conflict of norms in the interface between the "transplanted" formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of "land-use right" (quyen su dung dat) in Vietnam and "land-use right for cultivation" (loat paing kwint) in Myanmar have been the product of law-makers' restorative attempts at farmland security, while intentionally avoiding usage of the term "ownership" that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented "legal transplant" in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of "legal transplant" of the modern capitalist law. [ABSTRACT FROM AUTHOR]

Borrowed from England and Wales, the Chinese Appropriate Adult Scheme involves a dynamic of selective adaptation. This article analyses two salient features of the appropriate adult scheme within the Chinese context, in comparison with its counterpart in England and Wales: its complementarity of the juvenile's parent, and the passive role that appropriate adults play during pretrial interrogations. Drawing upon empirical evidence, the article argues that the transplanted Chinese appropriate adult scheme has failed to oversee the legality of interrogations, nor does it provide adequate safeguards for juvenile suspects. The concept of vulnerability that lies at the heart of the appropriate adult safeguard in England and Wales appears to be lost in translation. Rather than providing a safeguard for juveniles at their most vulnerable, the appropriate adult is more concerned with indulging the needs of the interrogators in China. [ABSTRACT FROM AUTHOR]

The predominant approaches to comparative corporate governance view legal transfers dichotomously, seeing corporate governance systems as either converging or diverging as a result of legal reform. Drawing on legal studies, this paper proposes an alternative model using the metaphor of the staircase to conceptualize how legal transplants can meet different evaluation criteria before being considered 'successful'. The model is empirically illustrated by the introduction of the Swedish Corporate Governance Code. It is found that different corporate governance rules when transplanted could be said to meet evaluation criteria more or less strictly. This finding has implications for our empirical and theoretical understanding of how corporate governance systems converge. [ABSTRACT FROM AUTHOR]

Class actions, originally developed in the United States, have recently spread internationally. Not every country that has emulated the US's style of class actions has seen the class action tool being frequently used. Korea, one of the civil law countries that adopted a US-style class action in securities law more than 10 years ago, has a securities class action that serves as an excellent example of a legal transplant that is underutilized. Over the last 13 years since the Securities-Related Class Action Act ('the SCAA') was enacted in Korea in 2004, only 10 class action suits have been filed. Instead, securities damage suits in the form of non-class actions ('securities damage suits') are more frequently used in Korea. In this article, I aim to fill the gap in the literature by empirically researching why the securities-related class action is seldom used in Korea, focusing on the perspective of the plaintiffs' lawyers and considering securities damage suits as a substitute. To accomplish this, the study relies on a mixed-methods research approach: (1) interviews with plaintiffs' lawyers and plaintiffs themselves and (2) a content analysis of court decisions on securities class action suits and securities damage suits. This research finds that risk-averse plaintiffs' lawyers, facing large costs in bringing securities class action suits, consider bringing securities class actions only for cases that have a higher possibility of winning and enforcement. This research provides insights into the conditions for successful legal transplants to other countries considering a US-style class action as an option. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Comparative Law / Revista Romana de Drept Comparat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Summary : Why did Louis XIV establish high courts in the distant and sparsely populated North-American colonies? The logic of the establishment of the Sovereign Council of Québec in 1663 and the Superior Council of Louisiana in 1712 is indeed in no way similar to the one which led to the creation of high courts in the metropolitan territories previously under foreign sovereignty. In the colonies, there was no need to safeguard the provincial privileges, in particular that to be judged in accordance with the local customs and procedural rules. Historians have emphasized the idea that justice foremost asserted the king's authority on his overseas territories and France's position on the international scene. Colonial institutions were thus merely considered as extensions of the metropolitan model. This paper proposes to study the high courts of New France through the prism of legal transplant theories, focusing on the objectives and expectations of the donor rather than on their objects or on the obstacles faced by the receiver. We assert that the overseas high courts were a means to define and orientate the French colonial policy rather than an end in themselves. Their judicial and, above all, regulatory competences made them indeed a particularly suitable instrument for the fulfillment of the monarchy's political and economic expectations. [ABSTRACT FROM AUTHOR]

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Copyright of Bucharest University Annals - Law Series is the property of CH Beck Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present paper is a theoretical debate on and a jurilinguistic study and analysis of the concepts of „legal culture”, „legal transplant”, „multilingualism” and „legal translation” -- key pieces in the puzzle which describes contemporary legal reality. To understand certain segments of the legal science, such is legal language in general, or legal conceptualism in particular, we must closely and carefully examine a series of complex socio-cultural and linguistic phenomena which go beyond the sphere of national research preoccupations and which will be approached in what follows. [ABSTRACT FROM AUTHOR]

Copyright of Society: Chinese Journal of Sociology / Shehui is the property of Society: Chinese Journal of Sociology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Islamic financial law (IFL), an emerging global legal order, is a highly fragmented law comprised of both state and non-state generated laws, standards, commercial practices, institutions, fatwā s and legal ideas. A recent event involving ṣukūk issuance in which Dana Gas claimed that its ṣukūk were no longer Sharīʿah-compliant highlights the legal disjuncture between global IFL and the laws of municipal legal systems, which have chosen to facilitate and regulate Islamic finance. Systemic legal issues or 'legal gaps' undermine investor confidence and impede sustainable development of the Islamic finance industry. Legal gaps include but are not limited to undeveloped securities laws, enforceability issues and a lack of clarity with respect to the role and effect of the Sharīʿah in the municipal legal systems of many MENA (Middle East/North Africa) states. This paper analyses these gaps and in so doing illustrates the relationship of IFL to the law of the United Arab Emirates. [ABSTRACT FROM AUTHOR]