Inter-Asian Law: Introduction

eds. Matthew S. Erie & Ching-Fu Lin

December 11, 2024

Available on SSRN here.

Introduction to the forthcoming edited volume "Inter-Asian Law" in American Society of Comparative Law's Studies in Comparative Law (Cambridge University Press). Exploring emerging dynamics between Asian jurisdictions.

 

Abstract

This introduction to the edited volume Inter-Asian Law lays out the conceptual framework for the book which features fourteen chapters by leading scholars working on Asian law throughout the world. The project is the result of a workshop at Tsing Hua University in Hsinchu Taiwan in December 2022 funded by the Taiwanese Ministry of Science & Technology, the Chiang Ching-kuo Foundation, and the European Research Council.

The key question posed by this volume’s Introduction is: What happens when Western law is no longer the default referent for legal modernity? This question has implications for such fields as comparative law, international law, and law and technology. “Inter-Asian Law” points to an emerging field of comparative and international law that explores the legal interactions—historical and contemporary—between and among Asian jurisdictions. These interactions—through diverse actors, intermediaries, processes, and methods—may lead to several important formations including legal transplantation, law and development, multilateralism and trade blocks, global value chains, transnational orders, judicial networks, legal educational exchange, and digital integration, to name a few. After providing definitions for core terms, the Introduction provides an analytical framework that guides the subsequent chapters including types and methods of interactions, actors and intermediaries, and effects, consequences, and conflicts. A description of the organization of the book follows.