Pushing Back on Globalization : An Introduction to Regulation in Asia

This introductory chapter to an edited volume on regulation in Asia aims to broaden our understanding of the way state and non-state actors adopt, adapt, and resist global commercial law scripts, as well as the complex economic and regulatory factors that generate social demand for global laws and principles while at the same time often resulting in their transformation within the local context. Contributors demonstrate how Asian countries are beginning to create their own modes of regulation that are influential in the region and increasingly have an impact on global regulatory systems. We consider the role courts, democratic processes, civil society, and local networks play in giving local actors - including business associations and business people (whether local or foreigners investing in the country), social and political groups, and international agencies operating in-country - opportunities to localize and influence global regulation. The chapters combine "micro" or interpretive methods that generate finely grained analysis with "macro" or structural approaches that give a broader picture of state and non-state regulation. By contrasting experiences in East Asia with western countries, we investigate to what extent demand for regulation is path-dependent and how much is a function of economic and institutional development. Before summarizing our results, we provide a brief overview of the evolving regulatory theory field, noting parallels with the evolving law and development field. We end with some preliminary thoughts on two sets of questions. First, what drives regulatory change? When do you get resistance, and when do you not? And second, have the developments in regulation within Asia, including locally responsive regulation, generated economic value and competitive advantages?