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Financial Crisis as a Catalyst of Legal Reforms: The Case of Asia

Author

Listed:
  • Kawai, Masahiro

    (Asian Development Bank Institute)

  • Schmiegelow, Henrik

    (Asian Development Bank Institute)

Abstract

This paper discusses how financial crises in emerging Asia and Japan worked as catalysts for legal reforms. Findings show that six Asian countries pursued significant legal and judicial reforms following financial crises in 1997–1998, but indicators that measure the quality of legal institutions exhibit mixed results. Reforms of economic laws alone cannot improve the quality of entire legal and judicial systems of countries. What matters is the enforcement of substantive law by procedural law, the efficiency of the justice system, and other political and social factors. Long time lags may be needed to observe how de jure changes to substantive laws lead to de facto improvements of legal institutions.

Suggested Citation

  • Kawai, Masahiro & Schmiegelow, Henrik, 2013. "Financial Crisis as a Catalyst of Legal Reforms: The Case of Asia," ADBI Working Papers 446, Asian Development Bank Institute.
    • Handle: RePEc:ris:adbiwp:0446
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    More about this item

    Keywords

    financial crises; legal reforms; judicial systems; legal institutions;
    All these keywords.

    JEL classification:

    • G01 - Financial Economics - - General - - - Financial Crises
    • G28 - Financial Economics - - Financial Institutions and Services - - - Government Policy and Regulation
    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • O16 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Financial Markets; Saving and Capital Investment; Corporate Finance and Governance
    • O43 - Economic Development, Innovation, Technological Change, and Growth - - Economic Growth and Aggregate Productivity - - - Institutions and Growth

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