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 |
|---|---|
| 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: 4 March 2025
Eligibility and requirements
Prerequisites
Corequisites
Non-allowed subjects
Recommended background knowledge
It is recommended that students have studied an introductory course in corporate law or company law (from any jurisdiction) prior to enrolling in this subject.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class Participation | During the teaching period | 20% |
Written Assignment
| 12 November 2025 | 80% |
| Hurdle requirement: A minimum of 75% attendance is required. | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- September
Mode of delivery On Campus (Parkville) Contact hours 30 Total time commitment 150 hours Pre teaching start date 20 August 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 17 September 2025 to 23 September 2025 Last self-enrol date 25 August 2025 Census date 19 September 2025 Last date to withdraw without fail 31 October 2025 Assessment period ends 5 December 2025 September contact information
Teaching staff:
Dan W. Puchniak (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Asian Law Course Master of Laws Course Graduate Diploma in Corporate Law Course Graduate Diploma in Laws - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025