The examination answers should be typed in 12 point characters and at 1.5 line spacing. 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 regarding the 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 20 marks making 40% of the assessment. 2 1 What role should banks and other financial institutions in China play in ensuring that the projects they finance do not have negative environmental impacts? Your answer should examine successful practices used by banks and other financial institutions to influence the environmental behaviour of borrowers. 2. Explain how corporate governance rules have been adopted into the laws of one Asian country. What global model of corporate governance was followed? Did the differences between the Anglo-American and continental European models of corporate governance play a role in the selection of a global model? 3. Compare the introduction of insolvency/bankruptcy law into any two Asian countries. Explain how the laws were selected and adopted into domestic legislation. What was the origin of the law, who promoted and/or objected to its adoption? What arguments were raised in discussions about the law? Explain whether there has been formal, functional or hybrid convergence. 4. To what extent is China’s regulation of its securities markets converging with that of other major global markets? What are the forces currently working against full convergence? Your answer should distinguish between formal, functional and hybrid convergence. 5. Prof Amartya Sen argues that a full understanding of law and development should include human well-being. What does he mean by this concept and how does his proposal differ from previous approaches to law and development? What does he think is the role of law in promoting human wellbeing? 6. The Basic Agrarian Law and the Forestry Law in Indonesia gave the government powers to take ‘unused’ forestry land for large scale agricultural developments without paying compensation. Discuss the reforms that have taken place in Indonesia since the removal of President Suharto in 1998 that have increased the land tenure rights of people living on forest land. 3 7. Transnational non-government organisations are an important source of new transnational governance in East Asia. Select one Asian country as a case example, and then discuss how a Transnational non-government organisation (such as the Forest Stewardship Council or the World Fair Trade Association) have used global standards to influence local businesses. Your answer should explaine why local businesses responded to the global standards. 8. The civil litigation rates in the USA are ten times greater per capita than in Japan. Prof Takeyoshi Kawashima and Prof John Halley have given different explanations for the reluctance of people in Japan to use courts to resolve social problems.
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