StudentShare solutions
Triangle menu

Legal Transplants in Todays Global World - Essay Example

Nobody downloaded yet

Extract of sample
Legal Transplants in Todays Global World

Amidst the debate, one thing is clear - transplanting foreign rules requires extreme caution and thorough consideration because despite the success of early European countries with it, legal transplants are not for everyone. However, with the advent of globalization and the increasing integration of national economies as a result of it, legal transplants have become not only a trend, but a rule at times. As this paper will argue, globalization, as a driving force for economic integration, has influenced the growth of legal transplants and created both formal and informal institutions that are forcing countries to hastily, if not blindly, copy foreign commercial laws with little consideration to the country's culture and historical experience, thus rendering the transplant unsuccessful.
Brings laws and legal cultures into more direct, frequent, intimate, and often complicated and stressed contact. It influences what legal professionals want and need to know about foreign law, how they transfer, acquire, and process information, and how decisions are made.
This influence takes effect in two ways. ...
Triggered by the desire for a better investment climate in their home country and a more market-oriented home economy to aid in their business endeavors, these individuals can pressure local legal professionals to adopt better commercial and economic laws utilized in other jurisdictions. Thus, the increased flow of information brought about by a globalised world can influence those individuals who are directly affected by these laws, who in turn influence the politicians and law makers who supply them. Faced with pressures from those who demand better economic and commercial laws, lawmakers often result to legal transplants because of the simplicity and efficiency of the process of adopting these laws compared to the harrowing course that can take place in creating new ones.
A second effect of globalization is the external pressures that come from other countries, international organizations, and trade associations, forcing legal transplants on countries in an effort to create a harmonized world economy. One of the consequences of globalization is the need to harmonize economic laws the world over to facilitate a more efficient global trading environment and create free markets. As a result, international organizations like the World Trade Organization (WTO) force countries, wanting to be members to adopt certain economic laws to foster the country's trading environment. Another international organization, International Monetary Fund (IMF), also forces countries wanting their assistance for loans to adopt certain policies that have been proven effective in most developed countries. In this regard, globalization has effectively created institutions that induce legal transplants, if not force them, on developing countries. Thus, a legal ...Show more


During the past two hundred years, countries the world over has used legal transplants as a means to develop formal rules of law. Defined as the moving of a single rule or a system of law from one country to another, or from one people to another (Watson, 1974), legal transplants has been the issue of a longstanding debate in comparative law…
Author : ferrymason
Legal Transplants in Todays Global World essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Legal Transplants in Todays Global World"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Legal Transplants
This research study explains in detail what a legal transplant is, how a nation derives benefit from it, whether China is successful in transplanting international human rights treaties provisions into its domestic law and the atmosphere under which a well-suited human rights law can be regarded as a successful means of treaty execution. It also critically analyses the chances for real human rights.
16 pages (4000 words) Essay
Using Buddhism in Todays Modern World
I know this to be the case because these are words and images I get whenever I ask people to free-associate on the word Buddhism. One person even associated Buddhism with liquor because he had just gone the night before to a place called Buddha bar!
7 pages (1750 words) Essay
Organ Transplants
Successful inter-human allotransplants have a relatively long history; the operative skills were present long before the necessities for post-operative survival were discovered. Rejection and the side effects of preventing rejection (especially infection and nephropathy) were, are, and may always be the key problem.
7 pages (1750 words) Essay
E-books in todays world and their future
Although the recent preservation and conservation methods improved quality of paper, even modern date printed products have their shortcomings. Paper materials are vulnerable to physical damage, and depend upon space and time. By contrast, newly emerged digital methods of information processing provide more rapid publication and distribution options and have a number of technological advances of media that have already become more popular than the book.
14 pages (3500 words) Essay
Sustainability - Can it have a place in todays Construction World
During the past two years global GDP grew at an average rate of 4.7%, the highest since the 1970's. History tells us that things can not remain so rosy for long (Woodall). Because of this phenomenal rise there has been a boom in the housing business and property values have literally multiplied.
4 pages (1000 words) Essay
Ancient Greece in Todays World
In fact, a strong case can be made for the fact that as far as the East is concerned, Greece never happened. To be brutally generalistic, the East still believes in looking inward rather than out at the world; its architecture is like nothing the West has seen or envisaged; and so on.
2 pages (500 words) Essay
The relationship between Religion and Ethics in todays World
Ethical values have varied over times, different cultures and political dispensations, and changed with spread of education, awareness, democracy and free thinking, religious laws, on the other hand are permanent, and
12 pages (3000 words) Essay
School Uniforms are Necessary in Todays World
Schools benefit in areas of security and authority when all of the students follow a similar dress pattern. Students benefit by reducing the number of concerns they must deal with during school hours, freeing their minds to focus more on the academic issues they should be concerned with while attending classes.
4 pages (1000 words) Essay
Discuss and compare two legal transplants, with reference to AT LEAST ONE African or Asian legal system
Legal transplant is not an exceptional case in itself despite the fact that there are many barriers separating the legal systems of many countries. The history of legal laws is changing more and more with time.
6 pages (1500 words) Essay
Organ Transplants
This is because organ transplantation is in such great demand that there is a thriving black market to meet the growing demand and counteract the low supplies obtained
7 pages (1750 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us