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Comparative Corporate Law in Asia (LAWS90317)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
September
Teaching staff:
Dan W. Puchniak (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
Availability(Quotas apply) | September |
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Fees | Look up fees |
This subject offers a critical examination of comparative corporate law through the lens of Asia - the engine of global economic growth over the past half-century. In an era where corporations profoundly shape global economies, societies, and sustainability, understanding diverse approaches to corporate governance is crucial. By exploring key issues from Asian viewpoints, students will gain insights into alternative models and innovative legal frameworks that respond to these far-reaching corporate impacts and explore the intricacies of corporate governance in one of the world’s most dynamic regions.
The subject aims to broaden understanding of how legal, economic, political, and cultural contexts influence corporate structures and behaviours. Through engaging analysis, students will develop the critical thinking skills necessary to navigate the complexities of global corporate law in our rapidly changing world. This course is ideal for those seeking to challenge their preconceptions and gain nuanced, Asian and global perspectives on how corporate law can address the evolving role of corporations in what some see as the 'Asian Century'.
Indicative list of principal topics:
- An Introduction to Comparative Corporate Law
- A Lesson in Corporate Anatomy: Unpacking the Universality of the Corporate Form
- The Corporate Purpose Debate: Does Asia Need to be Woke?
- The State as the Shareholder: Asia’s Miracle or Asia’s Problem?
- In the Board We Trust: Are Independent Directors Legal Misfits in Asia?
- Shareholder Stewardship: Evidence of “Faux Convergence” in Asia?
- Derivative Actions in Asia: A Challenge to the West’s Grand Theories?
- Barbarians at the Gate: Will They Have to Become Civil to Takeover Asia?
- Shareholder Activism in China: Debunking Stereotypes About Chinese Corporate Governance?
- Related Party Transactions in Common Law Asia: How Could the World Bank be so Wrong?
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Compare and evaluate diverse corporate governance models across Asian jurisdictions, assessing their effectiveness in addressing contemporary economic, social, and sustainability challenges.
- Analyse the influence of legal, economic, political, and cultural contexts on corporate structures and behaviours in Asia, demonstrating the ability to identify and explain regional variations.
- Critique the applicability of Western corporate law theories and practices in Asian contexts, identifying areas of convergence, divergence, and potential innovation.
- Construct evidence-based arguments about key corporate governance issues in Asia, such as state ownership, board independence, and shareholder activism, demonstrating advanced critical thinking skills.
- Apply comparative legal analysis techniques to examine complex corporate law issues, synthesizing information from diverse Asian jurisdictions to develop nuanced perspectives on global corporate governance trends.
Generic skills
- Critical analysis: Evaluate complex legal and corporate governance issues in diverse Asian contexts.
- Comparative reasoning: Apply comparative analysis techniques to corporate governance models across different jurisdictions and to evaluate Asian models in comparison to the predominant Western based paradigm.
- Problem-solving: Apply theoretical knowledge to resolve practical corporate governance challenges in Asian contexts.
- Advanced communication: Articulate complex legal and corporate governance concepts clearly and persuasively in both written and oral forms.
Last updated: 8 November 2024