Subjects 2008
Civil Society and the Law 730624
- Credited Courses: Graduate Diploma in Asian Law 726; Graduate Diploma in Asian Law 726; Graduate Diploma in International Law 323; Graduate Diploma in International Law 323; Graduate Diploma in International Law 323; Graduate Diploma in Legal Studies L08; Graduate Diploma in Transnational Law 333; Graduate Diploma in Transnational Law 333; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Laws by Coursework (LLM) 502; Master of Legal Systems 890; Master of Legal Systems 890; Master of Public and International Law 511; Master of Public and International Law 511; Master of Public and International Law 511
Objectives
A candidate who has successfully completed the subject should:
- Understand the role of civil society (non-governmental, associational, philanthropic and social organisations) and its regulation by the state in countries in Asia and beyond through comparative analysis
- Understand the detailed form and methods of governmental regulation of civil society in Asia and beyond
- Understand the interaction between state regulation of civil society and broader legal debates and conflicts within selected states
- Have insight into the relationships between non-profit organisations and the commercial/corporate sector, including corporate philanthropy and the conduct of business by voluntary sector organisations
- Be able to respond effectively to case studies relating to state-non-profit and non-profit-corporate law and relations in Asia and beyond
- Understand the objectives and means of providing governmental and non-governmental aid to Asian states for programs and projects that strengthen flexible legal frameworks for civil society.
Syllabus
This subject covers the legal regulation of civil society organisations of various kinds in key countries of Asia, including countries in transition from a centrally planned, socialist paradigm (China, Vietnam and Laos) and regions that have had various forms of strong markets and strong states (India, Hong Kong, Bangladesh and Thailand), as well as comparisons to Europe and other regions.
Principal topics will include:
- What are civil society and the voluntary sector in Asia and in other selected regions? Different contexts and different answers
- The basic themes and methods of legal regulation of civil society and the voluntary sector
- Specific methods of state regulation: Barriers to entry
- Specific methods of state regulation: Barriers to growth
- Specific methods of state regulation: New governance and accountability systems
- Law and the regulation of civil society in South Asia (focusing on India and Bangladesh, with comparisons to Pakistan)
- Law and the regulation of civil society in the socialist transitional countries (China, Vietnam and Laos)
- Law and the regulation of civil society in market societies and strong states in East Asia (Hong Kong and Thailand, with comparisons to the Philippines)
- The role of foreign donors in the creation and change of models of legal regulation of civil society in Asia and beyond.
