The Role of Institutions in Generating Successful Legal Transplants: A Comparative Analysis of the Adoption of Competition Laws in India and Pakistan

Asian Journal of Comparative Law (CUP), 2018

CLES Research Paper Series 6/2018; ISBN 978-1-910801-20-8

18 Pages Posted: 7 Dec 2018

See all articles by Amber Darr

Amber Darr

University College London - Faculty of Laws

Date Written: May 14, 2018

Abstract

In recent years, several developing countries have adopted regulatory laws to remain relevant in an increasingly globalized world and to make a successful transition from protected to market economies. Whilst developing countries and multilateral organizations supporting them, are aware that in order to succeed, adopted laws must be compatible with the context for which they are intended, there is less clarity as to the processes through which compatibility is generated. This article draws upon comparative law and development economics literatures to argue that the compatibility of a transplant is shaped by the interplay of institutions through which it is adopted. The article also argues that in addition to compatibility, a transplant must enjoy a degree of legitimacy to be effective in the adopting country and the institutions which generate compatibility may also enhance such legitimacy. In order to understand the compatibility and legitimacy generating potential of the interplay of institutions in developing countries, the article examines and compares the adoption of competition laws by India and Pakistan in 2002 and 2007 respectively. The article also examines the manner in which legitimacy impacts the post-adoption interpretation of transplants and highlights its significance for the implementation of the transplants in either country.

Keywords: Comparative Law, Competition Law, Compatibility, Legitimacy, Developing Countries

JEL Classification: F42, F54, K21, K40, K41, K42, L40, L49, N45, O1

Suggested Citation

Darr, Amber, The Role of Institutions in Generating Successful Legal Transplants: A Comparative Analysis of the Adoption of Competition Laws in India and Pakistan (May 14, 2018). Asian Journal of Comparative Law (CUP), 2018 , CLES Research Paper Series 6/2018; ISBN 978-1-910801-20-8 , Available at SSRN: https://ssrn.com/abstract=3283340 or http://dx.doi.org/10.2139/ssrn.3283340

Amber Darr (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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