Law and Development in Asia (LAWS90326)

This subject explores the role of law and legal institutions in economic development in five Southeast Asian countries, namely Indonesia, Malaysia, the Philippines, Thailand and Vietnam. Collectively referred to as Five Tiger Cubs, these countries have the fastest growing economies in Southeast Asia. 

We adopt a comparative approach, examining similarities and differences in legal change and its relationship with economic growth in Southeast Asian legal systems rooted in different legal traditions: common law (Malaysia), civil law (Indonesia and Thailand), socialist law (Vietnam), and mixed legal system (the Philippines). 

Principal topics in this subject are divided into three sets:  

1. The relationship between private law and economic development. We will situate Southeast Asian experiences within academic debates on the influence of legal origins (common law vs civil law) on financial growth, law and capitalism, and the role of property rights in economic development. 
2. The relationship between public law and economic development. We will contextualise Southeast Asian experiences in scholarly debates on the connections of legal authoritarianism, corruption, and judicial independence with economic development. 
3. The international dimensions of law and economic development. We will explore the role of international trade law, foreign investment law, and foreign legal assistance in economic development in Southeast Asia.

Indicative list of principal topics:

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Analyse similarities and differences in the role of law and legal institutions with a comparison across the Southeast Asian economies.
• Evaluate the quality of law and legal institutions and their influences on economic development in Southeast Asia.
• Assess the relevance and limitations of law and development theories in the context of Southeast Asia.
• Compare and contrast the relationship between legal and economic development in Southeast Asia and beyond.
• Critique the relationship between public law, private law and international dimensions in fostering economic development in Southeast Asia.

Generic skills

• Critical Thinking: Ability to objectively analyse and evaluate complex issues to form a well-reasoned judgment.
• Creative Thinking: Capacity to generate innovative ideas and solutions to problems.
• Analytical Skills: Proficiency in examining information methodically and in detail to understand and interpret data.
• Information Collection: Competence in gathering, organizing, and synthesizing relevant information from various sources.