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Practicing on the Moon: Globalizatio...
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Tungnirun, Arm.
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Practicing on the Moon: Globalization and the Practice of Foreign Corporate Lawyers in Myanmar.
紀錄類型:
書目-電子資源 : Monograph/item
正題名/作者:
Practicing on the Moon: Globalization and the Practice of Foreign Corporate Lawyers in Myanmar./
作者:
Tungnirun, Arm.
出版者:
Ann Arbor : ProQuest Dissertations & Theses, : 2018,
面頁冊數:
253 p.
附註:
Source: Dissertations Abstracts International, Volume: 82-02, Section: A.
Contained By:
Dissertations Abstracts International82-02A.
標題:
Law. -
電子資源:
https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28114800
ISBN:
9798662555853
Practicing on the Moon: Globalization and the Practice of Foreign Corporate Lawyers in Myanmar.
Tungnirun, Arm.
Practicing on the Moon: Globalization and the Practice of Foreign Corporate Lawyers in Myanmar.
- Ann Arbor : ProQuest Dissertations & Theses, 2018 - 253 p.
Source: Dissertations Abstracts International, Volume: 82-02, Section: A.
Thesis (J.S.D.)--Stanford University, 2018.
This item must not be sold to any third party vendors.
This dissertation presents a case study of Myanmar's emerging corporate legal bar dominated by foreign law firms and lawyers after its abrupt exposure to economic globalization in 2011. The emerging business demand from the economic opening of the country coupled with the lack of native corporate lawyers and absence of protectionist barriers explain the dominance of foreign lawyers and law firms during this formative stage. The study finds a diverse group of foreign law firms in Myanmar: global law firms, local law firms established by Western expatriates, and law firms from neighboring Asian countries. Foreign lawyers have not only taken the lead in transnational legal practice, but have also gained precedence even in providing local law advice to companies seeking to invest in the country. The highly discretionary and indeterminate government policy and practice, along with inadequate business laws and outdated common laws reflect the lack of legal certainty in Myanmar. Most foreign corporate lawyers who are newcomers that came into the country after 2011 perceive Myanmar's legal system as having "a void of law." Their deconstruction and marginalization of the authority of local law paves the way for a new type of hegemonic law based on globalized business norms and legal practices. Foreign corporate lawyers in Myanmar, regardless of their civil or common law background, all share a common mode of legal practice -- suggesting that a globalized identity of corporate lawyers has emerged. This practice focuses on stabilizing business, amidst Myanmar's legal uncertainty, by combining both technical legal practice and relational practice. Foreign lawyers in Myanmar serve as producers of legal structures -- their technical legal practice creates both de-facto hard legal structures along with soft legal structures as normative frameworks for business. They also assume the role of relational intermediaries -- serving as communication intermediaries, information intermediaries, and reputation intermediaries. By analyzing firsthand interview data with practitioners and other informants at a formative moment in Myanmar's history, I claim that the practice of foreign corporate lawyers is central to the transplantation of, first, a new conception of the legal profession; second, a new mode of legal practice; and third, a new mode of production of law into this previously closed society. In considering the nature of Law and Development as well as the process of legal transplant into a newly emerging economy, I place the roles of pioneering foreign lawyers front and center.
ISBN: 9798662555853Subjects--Topical Terms:
600858
Law.
Subjects--Index Terms:
Corporate lawyers
Practicing on the Moon: Globalization and the Practice of Foreign Corporate Lawyers in Myanmar.
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This dissertation presents a case study of Myanmar's emerging corporate legal bar dominated by foreign law firms and lawyers after its abrupt exposure to economic globalization in 2011. The emerging business demand from the economic opening of the country coupled with the lack of native corporate lawyers and absence of protectionist barriers explain the dominance of foreign lawyers and law firms during this formative stage. The study finds a diverse group of foreign law firms in Myanmar: global law firms, local law firms established by Western expatriates, and law firms from neighboring Asian countries. Foreign lawyers have not only taken the lead in transnational legal practice, but have also gained precedence even in providing local law advice to companies seeking to invest in the country. The highly discretionary and indeterminate government policy and practice, along with inadequate business laws and outdated common laws reflect the lack of legal certainty in Myanmar. Most foreign corporate lawyers who are newcomers that came into the country after 2011 perceive Myanmar's legal system as having "a void of law." Their deconstruction and marginalization of the authority of local law paves the way for a new type of hegemonic law based on globalized business norms and legal practices. Foreign corporate lawyers in Myanmar, regardless of their civil or common law background, all share a common mode of legal practice -- suggesting that a globalized identity of corporate lawyers has emerged. This practice focuses on stabilizing business, amidst Myanmar's legal uncertainty, by combining both technical legal practice and relational practice. Foreign lawyers in Myanmar serve as producers of legal structures -- their technical legal practice creates both de-facto hard legal structures along with soft legal structures as normative frameworks for business. They also assume the role of relational intermediaries -- serving as communication intermediaries, information intermediaries, and reputation intermediaries. By analyzing firsthand interview data with practitioners and other informants at a formative moment in Myanmar's history, I claim that the practice of foreign corporate lawyers is central to the transplantation of, first, a new conception of the legal profession; second, a new mode of legal practice; and third, a new mode of production of law into this previously closed society. In considering the nature of Law and Development as well as the process of legal transplant into a newly emerging economy, I place the roles of pioneering foreign lawyers front and center.
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