Showing posts with label Guanghua Yu. Show all posts
Showing posts with label Guanghua Yu. Show all posts

Friday, October 1, 2021

Guanghua Yu on The Rise of Germany in the 19th and 20th Centuries and Sustaining Democracy (Law and Development Review)

Guanghua Yu
Law and Development Review
Published in August 2021 online
Abstract: This article examines the rise of Germany from the nineteenth century to explain that it is open access in the economic sphere, as well as institutional building related to the protection of property rights, contract enforcement, financial markets, rule of law, and human resource accumulation that determine economic and human development. The case of Germany is not very consistent with the logic of the open access orders of North et al. or the theory of extractive political institutions of Acemoglu and Robinson along the line of contestation and inclusiveness. The case of Germany is, however, able to support the research of Przeworski and Limongi that economic development is more likely to sustain democracy. Germany is certainly not the only case in explaining that stable democracy is not the cause but rather the consequence or outcome of lengthy economic development. The historical evidence from South Korea and Taiwan similarly supports the position that democracy is the outcome of economic and political development. This article, however, does not examine whether western values of human equality and human freedom are essential in economic and human development. They are very likely to be so as human equality is the precondition of open access in the economic sphere and human freedom is closely integrated with the interconnected institutions examined in this article. Future research may investigate the roles of these values in different political systems regardless of whether a political system is under the rule of one party, by a dominant party, or through the utilization of a multiparty system.

Wednesday, March 20, 2019

Guanghua Yu on Open Access Order and Interconnected Institutions in Brazil (Law & Development Rev)

"Open Access Order and Interconnected Institutions in Brazil: A Challenge"
Guanghua Yu
Law and Development Review
Published Online: 2018-05-10
Abstract:
This article examines the evolution of democratic practice in Brazil. The article begins with a discussion on the country’s performance in terms of social equality, violence, and weak economy after the consolidation of democracy in 1985. Based on historical evidence, the article offers explanations concerning the weak performance in Brazil. The case of Brazil provides a challenge to the theory of open access order of North and his colleagues in the sense that open access to political organizations and activities does not necessarily lead to either better political representation or better economic performance. The case of Brazil also shows that open access to economic organizations and activities in the absence of the necessary institutions in the areas of property rights protection and contract enforcement, the financial market, the rule of law, and human resources accumulation does not lead to long-term economic growth.

Tuesday, April 24, 2018

Guanghua Yu on Open Access in the Economic Sphere or the Political Sphere: Evidence from Japan (Law and Development Review)

"Open Access in the Economic Sphere or the Political Sphere: Evidence from Japan"
Guanghua Yu
Law and Development Review
2018, Volume 11, Issue 1
Abstract: The article uses the case of Japan to argue that the theory of open access order advocated by North and his colleagues goes beyond what is necessary. Although their theory of open access order explains the West relatively well, it does not always apply to contemporary non-Western countries. Similar to the case of India examined elsewhere, the case of Japan reveals that what is more important to economic and human development is the open access in the economic sphere and the interconnected institutions in the areas of property rights protection and contract enforcement, financial market, rule of law, and human resource accumulation. In other words, countries without open access in the political sphere may also be able to achieve a great deal of success in terms of economic and human development if they ensure open access in the economic sphere and devote adequate resources to establishing the necessary interconnected institutions examined in this article. Further research elsewhere on Singapore and China will shed more light on this debate.

Friday, March 31, 2017

Guanghua Yu on Open Access Order and Institutional Development in India (Austr J Asian L)

Guanghua Yu
Australian Journal of Asian Law
2016, Vol. 17, No. 2, article 11
Abstract: This article uses the case of India to suggest that the explanations of North and his colleagues of open access orders do not fit well with contemporary developing countries. The political system of India after independence was mainly based on the British model, with influences from the US and French models. Despite India’s practice of Western style of democracy, its economic and human development record remained poor, until at least the late 1970s. In the 1980s, however, India started to liberalise the economy. Focusing on open access to economic organisations and activities has led to better institution building. While India still has a long way to go in terms of institutional development, it has now devoted more resources to the development of institutions in the areas of property rights protection and contract enforcement, the financial market, the rule of law, and human resource accumulation. This study of India argues that if a developing country has difficulty in achieving open access to both political organisations and activities and economic organisations and activities, prioritising open access to economic organisations and activities is likely to produce better economic and human development consequences.  Click here to read the full article.

Monday, January 4, 2016

Winner of the Intersentia Prize 2014-2015 (Best PhD Thesis in Law)

Congratulations to Dr Zuo Changwu for winning the 2014-2015 Intersentia Prize for the Best PhD Thesis in Law.  Dr Zuo's thesis is entitled "An Analysis of Rules Governing Limited Liability Companies in China: Between Contracts and Regulation", and her supervisor was Professor Yu Guanghua.  The runner-up was Dr Kalana Senaratne for his thesis "A Critical Exploration of Internal Self-Determination under International Law, with Particular Reference to the Sri Lankan Conflict", supervised by Professor CL Lim.  The Intersentia Prize was established in 2012 to acknowledge, support and encourage outstanding PhD and SJD research.  The prize winner is chosen by an international prize committee on a yearly basis.  The value of the prize is GBP500, and both the winning and runner-up theses will be considered for publication by Intersentia.

Thursday, February 26, 2015

$1.1M in New Small Project Research Funding

Congratulations to the Faculty members who were awarded HKU Small Project Research Grants up to $80,000 each. The projects cover a wide range of topics and are listed as follows (in no particular order):
1. Competition Law Enforcement against Abuses of Market Power in Hong Kong (36 months), Kelvin Kwok
2. Fiduciary Obligations: Justifying and Limiting Loyalty (24 months), Rebecca Lee
3. Reforming Anti-Dilution Law in China (24 months), Haochen Sun
4. Path Dependence and Interconnected Institutions: Implications for Legal Transplantation (24 months), Guanghua Yu
5. Implications of the New Round of Legal and Market Reform in China (30 months), Xian Chu Zhang
6. Eastern Values in International Arbitration: An Initial Exploration (36 months), Shahla Ali
7. Exercise of Legislative Power by the Executive (36 months), Jianlin Chen
8. A Comparative Legal Study on Tackling Cyberbullying and Protecting Children's Rights (24 months), Anne Cheung
9. Financial Planning for Mental Incapacity: A Tale of Two Confucian Cities (24 months), Lusina Ho
10. Survey of Public Opinion Toward Lesbian, Gay, Bisexual and Transgender People in Hong Kong (24 months), Kelley Loper
11. Minority Shareholder Remedes in Hong Kong: Evolving Dispute Resolution Approaches (24 months), Katherine Lynch
12. The Interrelation between Case Law and Legislation in Aspects of Commercial Law (36 months), Ji Lian Yap
13. A statistical study of Constitutional and Administrative Law judgments from 1997 - 2012 (24 months), Antonio Da Roza
14. The Tightening of Transparency Requirements in the International Tax Regime and its Impact on Mainland China and Hong Kong (15 months), Doreen Qiu
15. Freedom of information and privacy protection in China: resolving conflicts and promoting accountability (18 months), Clement Chen
16. The Delicate Art of Med-Arb and Its Future Institutionalisation in China (18 months), Weixia Gu.

Monday, September 15, 2014

New Books Published in 2014


Springer, 2014
Guanghua Yu, The Univesrity of Hong Kong

This book examines China’s economic development from the end of 1970s, integrating perspectives from law, economics and political science. Particular attention is given to the role of formal law and political changes in China’s development, presenting the argument that formal law has made a useful contribution to China’s economic development.

Exploring the Limits of Law
Cambridge University Press, July 2014
Editors: Hualing Fu, The University of Hong Kong, John Gillespie, Monash University, Victoria

Economic development and mass urbanization have unleashed unprecedented levels of land disputes in East Asia. In China and Vietnam especially, courts and other legal institutions struggle to find lasting solutions. It is against this background of legal failure that this book brings together leading scholars to understand how state agencies, land users and land developers imaginatively engage with each other to resolve disputes.

Practicing Law in Republican Beijing (1910s-1930s)
Routledge, May 2014
Michael H.K. Ng, The University of Hong Kong

The book is the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. It explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues.

Perspectives from Hong Kong and Beyond
Hong Kong University Press, Feb 2014
Editors: Michael Tilbury, The University of Hong Kong, Simon NM Young, The University of Hong Kong, Ludwig Ng, ONC Lawyers

Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere.