John O. Haley - Böcker

Antitrust in Germany and Japan presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the antitrust controls in Germany and Japan were the world’s first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition.This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions.Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan.This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.

'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'- Tom Ginsburg, University of Chicago Law School, US'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.'- Jean Ho, National University of Singapore'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.'- J. Mark Ramseyer, Harvard Law School, USLegal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. Zang

This timely Research Handbook provides a comprehensive overview and discussion of the substantive competition law provisions of the ASEAN Plus Three region, including Hong Kong and Taiwan. Taking a unique comparative perspective, chapters examine Asian competition laws in relation to the existing laws that served as models for them, analysing how and why they deviate.Expert contributions from both scholars and practitioners provide insight into the complex development of competition law in the region taking into account the growing number of competition law models, changing views on law convergence, enforcement practice and the progression of economic thought. Chapters highlight and explore the special features of these laws as a result, as well as draw conclusions on the perceptions of competition law in different ASEAN member states.Academics in law, economics and public policy with an interest in competition law, both in Asia and more broadly, will find this Research Handbook's insights invaluable. Legal practitioners and policy makers will also find its examination of the major issues in the competition law of the region useful.Contributors include: A.C.M. Chen, T.K. Cheng, M.F. Cheong, Y.S. Choi, A.M. Ditucalan, D. Fruitman, J.O. Haley, S. Hayashi, S. Hongvichit, E.L.E. Khoo, L.H. Luu, X. Ma, B. Ong, M. Songkheang, J.B.C. Teoh, S. Thanitcul, S. Van Uytsel, S.Y. Wahyuningtyas, X. Wang, K. Wu

Law's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.