The going with the comparative law has been concentrating eurocentrically with respect to the comparisons of civil law/common law, private laws and normative rather than speculative or the sociological inquiry. The studies of the contemporary Asian legal system have not been restricted by such parameters. This field of study has flourished ever since mid 1990s and has found a location that is respectable and sub-disciplines in relation to both Asian studies and comparative law. This field is concerned with respect to the economic development has been focused on governance issues and public law. However, then hidden problems are found in the words such as, ‘Asian’, ‘perspective’, ‘comparative’, ‘transition’, and ‘constitutionalism’. These problems are with both method and theory that can be explored in this paper. The research will be carried out on the new Asian constitutionalism in examining the problem underpinned of both theoretical and methodological to study the transition of the Asian constitutionalism

1. Law Assignment
University
Student

2. Introduction
The going with the comparative law has been concentrating eurocentrically with respect to the
comparisons of civil law/common law, private laws and normative rather than speculative or the
sociological inquiry. The studies of the contemporary Asian legal system have not been restricted
by such parameters. This field of study has flourished ever since mid 1990s and has found a
location that is respectable and sub-disciplines in relation to both Asian studies and comparative
law. This field is concerned with respect to the economic development has been focused on
governance issues and public law. However, then hidden problems are found in the words such
as, „Asian‟, „perspective‟, „comparative‟, „transition‟, and „constitutionalism‟. These problems
are with both method and theory that can be explored in this paper. The research will be carried
out on the new Asian constitutionalism in examining the problem underpinned of both
theoretical and methodological to study the transition of the Asian constitutionalism.
The principle of “rule of law” becoming part of the Chinese Constitution happened because of
the amendment in 1999. The article 5 was added to the sentence that is stating the People‟s
Republic of China has been exercising the rule of law that builds a socialist country being
governed in accordance with the law. The Foreign Language Press used the same terms in the
official translation of the Chinese Constitution.
The question remains whether the principle of the same rule of law theorized by the
constitutionalism in the rest of the Asia, particularly the Asia outside the South East Asia. In
other words the question remains whether it has the same meaning in China and in other
countries like India or Japan .
Generically, comparative analysis bears the risk of readings that are western with respect to the
Chinese issues. The constitution of China has imported the concept of the Western legal system.
Body
South East Asia

3. The bloodless military coup in taking place in Thailand on the 19th
September 2006 resulting in
the event of suspending of the Constitution formed in 1997 with the imposing of the martial law.
This set out for a temporary constitution with a promise by the military government head,
General Sonthi Boonyaratglin for a draft of a new constitution. The commitment was made of
transferring power to the civilian rule with an electoral system within a year. This would happen
following the referendum with an approval that the constitution had been held. Within a few
weeks following the coup a former general, named Surayud Chalanont had been given the
appointment of being Prime Minister. Moreover, a council of appointment has been set up for the
ruling parallel to the military junta. The constitution that is provisionally revised has been drafted
in 17, April 2007. Moreover, the regarding the drafting of the constitution, there is a process
regarding wider consultation taking place in Thailand (Abbott 1989). The constitution drafted in
1997 has been a key step with regards to the government of democratic in nature. This is because
the of the special provisions of rooting out corruption and establishing good governance.
In case of Indonesia, the fall of President Soeharto from the power in 1998 can be marked as
the starting point of a new era in the constitutional history of Indonesia. In a space of four years
the order of the constitution had been in place ever since the 1959 that had been totally
overhauled and being the replacement of the system that supports the rule of law and
democracy(Darsa 2012). The process of amendment is the marking of the political struggles and
the twists and turns regarding the legal matters that does not reveal much of the constitution that
eventually was implemented. In considering the extent to which the promised democracy and
rule of law that has been implemented over the past five years, it is characterized by the
departure from the evaluation in relation to the changes in the constitution and the political
process that has been yielding them (Lim 2007). It has revealed the way the role of the law has
been strengthened both institutionally and ideologically and the law constrained the power of the
state.
At the commencement of the 21st
century, the landscape regarding the democratic consolidation
and the constitutional transition of the south east Asia remained exceedingly diversified. The
political context of Asia, featured with the consolidated democracies includes Japan and India or
the delegate or the more electoral democracies had been the Singapore. The still surviving
socialist form of the state with deep economic or the institutional reforms, such as, China and

4. Vietnam, or still the adhere of the communist regime to deep orthodox principles such as, North
Korea. The step in consolidating of the democracy completely have been done with the
experiment of acceptable level in relation to the protection of the economic rights consisting of
the satisfaction level of the achievement in relation to the human rights that has been done by
Malaysia, Indonesia and Thailand.
At the present, the population of these countries uses superior notions, such as, „Rule of Law‟,
„Governance‟ that are conducted to the transplant of the law either in the countries in transition,
or the developmental regions (Basu Das and James 2013). The process to identify the best
practices as being characterized today with respect to the political actors‟ actions in a number of
developing regions across the world. There has not been full control of the legal reforms‟
command rendered as the legislative process actors: the Parliament and the Government
(Sallehuddin 2012). The relevant factors can be found in many, such as, commercial competition
challenge among others that are legal, the action in relation to the international diplomatic, and
the economic theories have been spread.
The relevant legal system sector that includes occasional constitutional law and also
administrative law, and private and procedural law; makes way for the standard legal illustration
change that have been used to seemingly overcome by a new mode (Molnar and Lesher 2008).
This has been grounding legitimacy for making of law that has not been in reiteration, nor on the
assumption of utility related to the regulation with respect to the domestic political debate
regarding the ability of the regulation, which is assumed, and not the technical appraisal with
respect to the peculiar set of regulations necessity (Wong 2014). This is called mode
„functionalism‟.
After the approach of functionalism, the technical tools are made of legal rules that are required
for the purpose. The examples of such, in general, are a given societies that have experienced
modernization, or adopting the rules that are facilitating for the institution like the small
enterprises, corporate groups etc. This approach has been conferring the new legitimacy relating
it to the law at the historical moment that is same as the moment when the law has been losing
grip within the local community that has become supranational (Aldaba 2013).The new kind of
legitimacy‟s nature has been different from traditional parliamentary state legitimacy that has
been recognized before. The traditional parliamentary state is on the basis of and has been

5. assumed as the economic performance has been affected by certain regulation directly
(Intarakumnerda et al. 2013). This can be termed as the ex post facto judgment related to the
practice that is the best taking a pattern for imitation. The judgment has been produced by the
technical experts mainly by the economists contributing their knowledge that are specialized
related to the issues that are relevant (Narjako and Takii 2012).
The functional utility has been searched for the performance of the market that is satisfactory and
has been taken as objective. The transformation of the national legislators as they provide
guarantees with regard to the national economies‟functioning (Lin 2010). The guarantee comes
either before their nationals or the affiliation of the state that govern with respect to the
supranational institutions.
This paper has suggested the spread of an ideology with respect to the neutrality and objectivity
in the market rules that is consistent with the alternative to formalism being supported by
ambiguous notions usage. The formalism has been referring the practice of the usage of the
words without the consideration of the content in its actuality of the notions (ASEAN 2013).
This means the alternative to the ambiguous notions is the part of the global harmonization
process with respect to the laws being characterized in the last twenty years.
Vietnam has used a significant number of resources to reform its constitution and laws in
underpinning the “socialist-oriented market economy”. The proceeding of the processes has
often been ad hoc with little evidence related to the strategy and empirical evidences what is
needed by the users of the system. This results in a universe of legal and judicial where a number
of agencies and laws looks vulnerable with little relevance to the practice of business. There have
been Vietnamese sectors related to the bureaucracy that is continuing its operations almost
unhindered by the rule of law and accountability principles that has been causing tremendous
problems for the fledging business community. This is suggesting of the definitions related to
the, “political”, “administrative”, “judicial” and “legal”in Vietnam with a need to revise and
refine in transforming the idea related to the“socialist rule of law state” from a mere rhetoric to
reality. This is also telling the allowance of the businessman and the society at large in seizing
the opportunity it provides (Soo and Wong 2012).

6. In Philippines, the constitution was framed in 1987, embodying the agenda that supports
ideological coalition ousting the Marcos and bringing Corazon Aquino to power.The political
program of its constitution was restoring the democracy with the elective bodies and preserving
the rights of its people through a constitution that is liberal in nature.The economic program of
Philipinnes was ministering the poor with measures of statist in nature that regulates the private
property the prevent the foreign control over trade and industry under the social justice rubric
and the nationalism of the protectionist brand (Shepherd & Wilson 2008). These ideas,
repeatedly, will be betrayed over the next twenty years.
There was the transformation of the public spheres into a market, while, there has been capturing
of the private spheres of the state. The politics is features with mercenary professional class,
business magnets, aristocrats, and the elites fill up the free for all fights in taking advantage,
while the government had been playing the role of a referee with an aim to be neutral and fair,
although it is achieved rarely (ADB 2012).The state has been the only embodiments of the nation
in economics with the use of the powers that are expansive in nature under the constitution,
which is rented out to the power of the public to the highest bidder.
The governance of the public sphere was done by the procedural public that hate embracing the
explicit choices of value saving the most amorous statement related to the motherhood. The
governance of the private sphere was done by the ethos that is transactional, been facilitated by
the state that has been playing the role as an economic actor. It is being supervised by the
politicians that are rent seeking and bureaucrats working in tandem with the business interests.
The only hope in relation to the enforcing of the substantive norms is through the courts. The
courts in turn have experienced sufferance from the double disadvantage. Firstly, it is not
accountable politically and can be dubbed as undemocratic. And secondly, it is bound by the
economic orthodoxies that is statist and that haven‟t worked.
Thus, it can be construed that Harding‟s observation towards the southeast Asia is rightly
portrayed in relation to the commercial and investment law. In the context of an investigation of
the commercial and investment law in the rest of Asia, this paper will take into account the
commercial and investment laws of India, Japan and China to examine whether the Harding‟s
view points are applicable to these legal systems.

7. India
India has a structure that is quasi-federal, although there is unity in its judiciary. There have been
broadly, three tier structure. Firstly, each of the 600 districts in India have been headed by a
District Court. Then, each state is headed by a High Court. However, there are some states that
are sharing the same High Court. There are twenty one High Courts in India. The apex of all
courts is the Supreme Court located in the Indian capital, New Delhi. There are diverse
characteristics among the various High Courts. For instance, the number of judges varies
between the states depending upon the size of the state. There are two judges in the High Court
of a small state of Sikkim, whereas in the High Court of the biggest state in India, Uttar Pradesh,
there are 100 judges. The Supreme Court is possessed with 25 judges belonging to different
divisions of varying strengths. The matters pertaining to the fundamental significance are
decided by a bench consisting of five judges (Griffiths 2005).
Apart from the three tier structure that has been broadly defined, there are a number of tribunals
that are specialized. The more well known of them being the Tax Tribunal, ; Debts Recovery
Tribunal; Consumer Protection Forum; Monopolies and Restrictive Trade Practices Commission;
and the Company Law Board. The functioning of these tribunals takes place under the
jurisdiction of their respective High Court depending on their location (Dutta 2008). However,
many of them such as, the Monopolies Commission has been allowed to appeal directly to the
Supreme Court.
The Indian judiciary is characterized by their extensive power and independence. The Supreme
Court or the High Court is exercising their writ jurisdiction that is constitutionally conferred
being empowered to strike down legislation on the ground of being unconstitutional.They have
the power of intervening routinely and fairly with the help of their executive actions and on the
ground of arbitrariness or unfairness or unreasonableness with regards to the actions of the state.
The courts have been even striking down constitutional amendments on the grounds of violating
the constitution‟s basic structure. Apart, the Supreme Court and the High Court have been
adopting a mantle of the activists, under the name of „Public Interest Litigation‟, where these

8. courts can be intervening the policies of the government if those policies have been impacting
the public at large or the public interest adversely, such that it needs intervention if the court.
India is possessed with an all India Bar that is unified in nature. This means that any enrolled
advocate with any State Bar is able to practice and can be appearing in any court across the
country that includes the Supreme Court of India. The overseas lawyers, however, are not
allowed to appear in the courts and the foreign law firms are still not allowed to operate in the
country, though it is under consideration and being debated. They are, however, allowed to
appear at the arbitration.
There is a significant aspect with regards to the British influence in the Judicial System that India
imbibes continues. The court proceedings of the Supreme Court and the High Court with regards
to the official language has been the English. The lawyers has been donning a gown and a band
as the uniform and addressing the judge as, “My Lord”.
The commercial and the corporate laws as well as the procedural law are modelled on the
English Law. There has been regular reliance and referrals to the English case laws in the courts.
The oral arguments are emphasized in the courts. There are extensive hearings on all matters in
the court. The advocates are rarely restrained with respect to the oral arguments and it can take
days of arguments with regard to the complex hearings to conclude. There is a new phenomenon
of specialization with wide ranging experience of the lawyers.
The story of India changed dramatically with a new industrial policy announced by the
government. The new policy de-licensed industry and introduced regulatory and fiscal reforms.
The policy was aimed at encouraging foreign investment. The FDI in cumulative form has US$
54,628. In 2006-07 alone, FDI stood at US$ 15,726 with an increase of 184% over the previous
year (Sharma 2012).
The policy of the Indian government with regards to the FDI can be classified into 3 categories.
Firstly, the prohibitory sectors. The examples of the sectors where the FDI is prohibited are
agriculture, atomic energy, and retail trading. Secondly, the sectors where the FDI is subject to a
cap, such as, telecommunication. Thirdly, the category that is residuary in nature, that is,
government permit is not required. However, it is subject to the fact that unless it is a prohibited
sector or soughting of investment beyond the specified sectoral cap. For FDI of this sort, no prior

9. requirement of the government approval is necessary, the only requirement is the post facto
intimation to the Reserve Bank of India (RBI).
The approval of the government is required in the cases as given below.
a. The foreign investors with regard to the proposals with an existent technical or financial
collaboration in India in the same field.
b. Acquiring shares in the area an Indian company in the sector of the financial service
where SEBI (Securities and Exchange Board of India) Regulations, 1997 can be attracted.
c. The items/activities requiring an industrial license. In the industries of environmental and
social importance, the requirement of the industrial license is necessary. The industries
include, defense equipment, electronic, aerospace, cigarettes, cigars, and alcoholic drink
(Shah 2013).
Through stock exchange, the FIIs that re registered under SEBI or the NRIs (Non-resident
Indians) can be invested in shares.
The allowance is given to the nominee companies, asset management companies, investment
trusts, mutual funds, and foreign pension funds. For each investor, it is allowed to invest up to 10
percent of the total paid up capital that the Indian company has issued. The total foreign
investment in an Indian company cannot be exceeding 24% of the paid up capital paid up value
with respect to the each series of the debentures that are convertible as the Indian company issues
it. With the approval of the shareholder, the limit of the 24 percent is raised to the sectoral limit.
The repatriation has been allowed by the government related to the funds arising out of the
proceeds of sale or dividends with no restriction attached (Anand 2012). The following points
are necessary with respect to the repatriation:
a. The investor has refrained from choosing to be investing in a non-repatriable basis
neither the security is to be on non-repatriation
b. The security seal has been according to the guidelines prescribed.
c. The tax authorities provide the certificate of the tax clearance.

10. The technology transfer or the technical support has been a feature that is common to the
agreements of the joint venture that can be termed as the key projects. It is common in the hotel
industry or the franchising.
The technology transfer has been entailing under the heads mentioned below.
a. The fees of the technical know how
b. Engineering service payments
c. Drawings and design payments
d. Royalty
The permission of the government with respect to the fund remittance due to the technology
transfer is needed, where it is out of the scope of the automatic route. The payments that fall
under the automatic route and hence not under the purview of the Government approval are
mentioned below:
a. The payments that are lump sum in nature, up to US$ 2 million
b. The payments related to the royalty can be done up to 8% of the exports and 5% of the
domestic sales with no restriction attached for the duration of the payment. These
payments are excluded of the taxes.
c. The payment of the royalties, up to 2% of the export and 1% of the domestic sales with
usage of the brand name and the trade marks of the collaborator with no requirement of
the technology transfer as under the automatic route.
The laws relating to the Indian corporations are being governed by the Companies Act, 1956.
There are, broadly, two types of the companies, Private Limited Companies and the Public
Limited Companies. The description of the Public Limited Companies is merely “Limited
Companies”where as the Private Limited Companies are being obliged for indication of the fact
that they are Private Company by the addition of the name as “Pvt Ltd”.
The minimum requirement of the Private Limited Company with which the company can be
formed is with two shareholder persons and with minimum two directors. The minimum paid up
capital required for the Private Company is around US$2, 500. The characteristics of the private
companies are provided below:

11. a. The Articles of Association restrict the right to transfer the shares
b. The limitation with regards to the maximum number of shareholders is 50.
c. The public cannot be offered in subscribing to its debentures and shares.
d. The invitations or deposits acceptance cannot be taken from the persons who are not their
members, directors or their relatives.
e. Requirements of the lesser number of compliance
The Private Limited Model must be followed, where they're seized to be any requirement related
to the raising of the finances through public.
The Public company is the one where there is no restriction on the provision in its article. The
public company can be formed with a minimum of seven members. The public companies are
not bound by any maximum number of shareholders. The public companies require a minimum
paid up capital of US$ 12,500 with minimum of three directors.
In the post liberalization, the assumption of the corporate governance gained greater significance.
The greater emphasis is given to the corporate governance in ensuring transparency and the
encouraging corporate growth. The practice of standard provisions was varied out with corporate
governance earlier under the Companies Act to provide inter alia minimum number of directors‟
rotation, meetings of the shareholders, meetings of the board, etc. The introduction of the Clause
49 of SEBI in the Listing Agreement of all public companies in an attempt in listing shares in
any stock exchange (Gevurtz 2011). The following measures are provided by the Clause 49:
1. The board should be formed in conjunction of executive and non-executive directors.
2. The non-executive directors should consist of not less than 50 percent.
3. The independent directors should consist of one-third of the directors
4. All listed companies necessitates to have an Audit Committee. The review of the
financial statement in concert with management is carried out by the audit Committee.
Japan
There is growth of trade between the United States and Japan rapidly. This ensured that the
incumbent of the those involved with respect to the international law is familiar with the legal

12. system of Japan. There are few applicants who try to enter the legal training and the research
institute. Mostly, the Japanese graduates specializing in law take employment in the corporations
and the governmental agencies (Evans 2003). Most corporations in Japan are possessed with
corporate law departments with facilities provided to the university graduates in specializing in
law.
The judicial system of Japan is similar to the court system of the United States. The judicial
system structure is divided into trial court, the intermediate court of appeals, and a supreme
court. Japan is consisting of 49 judicial districts. The original jurisdiction related to the usual
court is the District Court, where the cases are generally heard by a single judge. The most
important and the largest district court is the Tokyo District Court. Apart from the district courts,
the Summary Courts have been handling lesser criminal and civil matters.
The commercial code is one of the six codes of Japanese legal system dealing with the business
with respect to its creation and operations.
The Commercial Code has mainly been applied to the operations of merchants and the
commercial acts (Article 1)
Merchants: The merchants that are inherent must be meeting the following criteria:
1. A person can be either a natural person or a company
2. Engagement with the commercial acts
3. Operating under one‟s own name. This essentially means that the company is the
merchant, however the employees and the directors are not (Haley 1994).
The commercial acts are classified as the absolute commercial acts, business, commercial acts, or
ancillary commercial acts. The absolute commercial acts are the ones that can be deemed as a
commercial acts irrespective of the actor(s) of the act.
There are four basic types (Article 501):
 Instruments related Acts (invoice, commercial paper, etc.)
 Exchanging at markets
 Entering a contract for sale

13.  Selling and buying ( Levin 2009)
Business commercial acts can be construed as commercial acts with continuously engaging the
merchant. There are twelve types of this type of commercial act (Article 502)
 Act of an agent in a commercial act
 Brokerage
 Acceptance of deposits
 Insurance
 Banking transactions and currency exchange
 Operation of an amusement facility or an inn restaurant
 Photography, printing or publishing
 Contract related to the labor for projects
 Transportation
 Production and manufacturing
 Rent with regards to the real and personal property
The most important form of company in Japan is the business corporation under the governance
of the Company Law that has been superseded the commercial code provisions that is previously
applicable to the business corporations.
The business corporation has been requiring the services of at least one promoter. The general
steps are described as follows.
1. The promoter has been preparing the articles of incorporation and having them notarized.
2. The company has been receiving contributions in the form of capital.
3. The directors are required to hold board meeting and electing a representative director
4. The forming of the company is equivalent to be being registered at the Legal Affairs
Bureau, at the point of which the company can be deemed as formed legally (Article 49).
The five elements are contained in the Articles of Incorporation
1. The company‟s purpose
2. The company‟s trade name

14. 3. The head office address
4. The initial paid up capital amount
5. The name and address of the promotion (Osaka 2008).
The laws prior to 2006 presented various issuable shares, shares to be issued, method related to
the requirement of the public notice in the articles of incorporation.
China
The legislators of China has been translating the concept of “fashion” belonging to the
traditional discussion between legalists and Confucians with the terms of the rule of law. The
political and constitutional meaning related to the principle, the interpretation of which, cannot
be done based on the Western concept. It is useful for studying the Chinese rule of law with
various paradigms and taking into account the dilemma of China to find a balance between
political leadership and law.
The various points of view should be taken into consideration that the effort of China in creating
a market economy and rebuilding the legal system has caused the explosion of the legislature
(Abidin 2010). The passing of a number of legislation and laws of China has set out the
procedure for lawmaking that includes the Law of Legislation of 2000.
Nonetheless, the system if the legislature were not coherent with the rule of principles of law.
There is required to verify whether the laws are legally binding or valid. Moreover, it is likely
that the rules are produced incredibly from the point of view of quantity because of the widely
dispersed legislative authority at the various levels of the government (EIU 2011). Consequently,
with respect to this order, there are a large number of incidences of inconsistency between
superior rules and the lower rails.
With respect to the sources of law, it has been dealing with the overview of the system and its
order of hierarchy. The structure of the state is concerned with the National People‟s Congress,
the State Council role and the President of the People‟s Republic of China in the process of law
making. The paper places special attention to the weakness that lies with a written constitution in
one hand, and strength endowed in the Communist Party on the other hand. There are argument

15. related to the meaning of the rule of law in the legal system of China with the remarks of the
principal connected weaknesses.
In the People‟s Republic of China,the Real Right Law (Wu quan fa)was adopted by the 5th
session of the Tenth National People‟s Congress and on 16th
March, 2007 that will take effect on
1st
October, 2007. The law will be constituting an important development of the legal system of
China due to the fact that it is the first complete property law regulation since the birth of the
People‟s Republic of China. There had been many deep changes occurring in the law system of
the Chinese property which were assigned with respect to the Real Right Law, has been the
subject matter of debates related to the politics and discussion amongst the scholars in relation to
the legality led by laborious drafting for years (Hausmann 2006). The difficult and the long
drafting of the legislature with respect to the final result is the statute with the ownership regimes
and the property law rules have been set in the complex taxonomy framework, where socialist
and the Romanists are combined with the legal categories.
There is a need of scrutinizing the Real Right Law from the relationship perspective between the
property rights and the economic development. It is to analyze the ownership regimes envisaging
the law that is new in relation to the theories that associates the growth of the economy with the
system that speaks of the property rights (Cranston 1993). This property rights are considered in
order of providing a theoretical discussion contribution on the basis of the impact pertaining to
the legal reforms and the legal institutions based on the economic transactions.
There are profound commitment in the current development discussion international policy with
respect to the idea surrounding the critical culture of the individual rights that in enforced in the
courts against both state and the private parties that intricately related to the development of the
economy (Goode 1998). This can allow the argument to come up with respect to the importance
of a legal system that is right-centered on the grounds of the economy. This leaves aside the
notions that are traditional with respect to the justice or human rights. In the terms of the
constitution, it is emphasized on the ways the system of legality can be helpful in ensuring that
the rights of the private properties are respected by the state (Hiscock and Allan 1982).This
choice is emphasizing the rights of the individuals that are economic actors important to the
development of the economy that more naturally reflects the market centered dominance

16. approaches for development. This development is focused to maximize the activity that is a
private economic in nature, and not to design active development policies of the state.
It is unfortunate that, it is rights thesis with respect to the Northeast Asia‟s economic
development, when took place in the past, has been taking place in China now. It is a
coincidence with the failing of the legal systems. South Korea, Taiwan and now in China have
been attained and sustaining rapid growth in the periods representing the political
authoritarianism. During this period, there was no possession of autonomy of the legal
institutions that is necessary for an individual saying honestly that law takes part in protecting
their rights. The rights are inclusive of the rights of the property that emanates from the state.
They have the rights in their legal system, but the legal system doesn‟t encompass the other
branches of the government in respecting the rights enshrined in the law (Martinez-Fernandez
and Choi 2011). Thus, it is misleading to assume that the law protects the rights. The courts‟
failure in protecting the individual rights has been more obvious in relation to the rights of the
non-property, such as for free speech and the association. In these cases, the courts have done
little in preventing the government from vigorously suppressing these rights. This condition is
applicable to the social rights too, as the individual rights that is more traditional in nature. This
is because the government have been providing some of the goods linked to the individual rights,
it was not done because of the legal constraints.
Nonetheless, this fails to prove that a culture that a vital to the rights, although defined, in certain
countries have been incompatible with the high speed economic development. It is not quite
convinced demonstrative, though, that system characterized by the judicially protected rights is
not a requirement for high speed economic growth that can be occurring over periods that are
sustained within a legal system in some degree are very weak (Hiscock 1995). The task assigned
to the scholars of legality that are interested in the economic development is confronting the
issue head on. It should be asked whether the focus that is traditional in nature based on the
rights that causes in overstating the role in the development of the law or accepting uncritically
the approaches that is market centered to the development now prevailing
Conclusion

17. It has been evidenced that the southeast Asian countries represented commercial/investment laws
that are consistent withy views of Andrew Harding. This is because of continued political and
economic upheaval. The series of changes in the regimes created changes in the legal structures.
The political coups, military interventions, establishment of the puppet regimes, and military
junta could not allow the legal system to grow. The legal structures and the legal definitions are
constantly altered to suit the regime in place in a particular point of time. This has made the legal
system in the southeast Asia an immature system full of faults and discrepancies.
The Chinese laws have similar immaturity of the southeast Asian nations. Although China‟s
political setup has been steady since 1949, the economic and commercial outlook has changed
drastically. From the iron curtain and centralized economy, the Chinese economy has
experienced a U turn. To sustain such changes, the legality drafting of China has to support the
fresh views related to the commerce and the investment that the Chinese authorities are bringing
to the table. These new legal draftings are the providers of the rights of the various stakeholders
in the new business and investment climate. Thus, Harding‟s views are also to an extent
applicable to China.
The India and Japan, on the other hand, are consolidated economies. India has a long history of
legal system established by the British rule in India till 1947. After the departure of the British,
the Indian legality that was formed was mainly a legacy of the British legal system. Till date,
India has been following the British legal system. Thus, India has comprehensive legality in
place that has been time tested and deep rooted. Hence, Harding‟s views of the southeast Asia is
not applicable as far as India is concerned.
Japan too, is a matured democracy. Japan‟s legal system is derived from the US legal system.
Japan‟s legal system is also a deep rooted and matured the way it is in the western democracies.
It is not an ad hoc and a temporary kind of legal suiting a dictatorial regime. It has all the
elements of rights, provisions, and a matured judiciary that provides justice to all its citizens.
Thus, in case of Japan, Harding‟s view doesn‟t hold true.

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