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Microsoft Word - Take home paper 2020_AdeJ_ed.docx 1 Globalisation of Law and Development BTF 5160 Summer Semester 2020 Take home Examination Instructions for candidates Word limit 3,000 total (including references and citations). You should aim for 1,500 words for each of two question answers. Due date 4 pm, Friday, 7 February 2020. The examination answers should be typed in 12 point characters and at 1.5 line spacing. Submit take-home examinations through the take-home paper submission link on Moodle. Submissions must be PDF files with a signed cover sheet. Faculty marking policy consult the Unit Guide posted on Moodle You may use any source material to answer the questions that you think are appropriate. Internet sources must have active links and foreign language materials must have English translations of the title and publisher. For further details refer to the Take Home Exam General Instruction Posted on Moodle. Faculty marking policy consult the Unit Guide posted on Moodle. Please note that this is an examination and you must declare whether you received any outside assistance in preparing your answer. Please answer two questions from the following questions. Each question is worth the same number of marks (65% in total = 32.5% for each question). 2 Question One Selecting at least one east-Asian country you have looked at in this Unit, examine how corporate governance rules and structures have evolved following the Asian financial crisis of 1997-98. How has this evolution been influenced by global models and standards of corporate governance? Does the government regulate whether and how corporations are expected to follow corporate governance rules? Provide case examples to illustrate your answer. Question Two Islamic courts are gaining influence in some countries in Southeast Asia. Select one country in this region and explain how Islamic courts are spreading their influence. What is the history of Islamic and government courts in the selected country? What is the division of jurisdiction between Islamic and government courts? Do the Islamic courts apply to everyone in the selected country? If not, how are conflicts between the government and Islamic courts resolved? Provide case studies to illustrate your answer. Question three Examine how key stakeholders in either the banking industry or extractive (mining) industry have acted to promote standards for management of environmental impacts by multinational corporations. Your answer should identify the key industry stakeholders involved. You should also identify the key institutions involved in the creation and transmission of core principles and standards governing environmental risk management and mitigation. Evaluate the effectiveness of the standards using examples. Question four Reflecting on forty years of law and development reforms, Trubek and Santos (2006, p. 86) said that ‘Law and Development veterans could only sigh as they saw many of the errors of the past being repeated. For them, the emphasis on top-down, one size fits all reform, suggested that little had been learned from prior experiences.’ Examining the different waves of law and development in east Asia, what do you think were the main mistakes made by law and development programs? Is 3 the key problem matching law and development reforms with the regulatory capacity of the recipient country (ie: the fifth law & development wave)? Illustrate your answer with case examples from east Asia if appropriate? (Trubek, D. and Santos, A. (eds.), 2006. The New Law and Economic Development: A Critical Appraisal. Cambridge University Press.) Question five Land disputes are found in most east Asian countries where governments take land from farmers for infrastructure and industrial agriculture projects. Select one east Asian country and discuss the relationship between land disputes and conflicting understandings between the government and farmers about who has access to land and on what terms. What are the differences between government and famers’ understandings about land tenure? How (if at all) do these differences contribute to the dispute? Does the government apply a land tenure system based on an imported land law model? What is the origin of the land tenure system followed by the farmers? Illustrate your answer with case examples. Question six Using the analytical framework of formal, functional and hybrid convergence explain how an foreign imported law, changed when it was adopted into one East Asian country. [Do not select competition or bankrupt/insolvency laws] Your paper should discuss the global or foreign models the law was based upon, why was the law introduced, who supported its introduction, who opposed its introduction? Use case examples that explain how the imported law changed when it was re-enacted and/or implemented in the host country. The paper must clearly distinguish between formal, functional and hybrid convergence. Question seven The UN Global Compact (UNGC) has been criticised as nothing more than ‘a platform for corporations to advance their brands and promote their association with the UN – with little or no action’. It is argued that the Global Compact is simply a ‘voluntary initiative, which corporate actors use to 4 advance their own agendas and bottom lines’. But the UNGC doesn't significantly change what they (the corporations) are doing in relation to the environment and labour- which the UNGC claims to advance. “It is primarily a PR scheme.” Discuss, using examples drawn from at least one East Asian country examined in this unit. What are the institutional mechanisms, if any, for bringing companies to account for failures to act on their social and environmental undertakings?