EXPLORING THE ROLE OF LEGITIMACY AND IDENTITY IN FRAMING RESPONSES TO GLOBAL REFORMS IN SOCIALIST TRANSFORMING ASIA

John S. Gillespie, Monash University

Abstract

Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia John Gillespie Abstract A bourgeoning literature about socialist transforming Asia (China and Vietnam) shows that economic development is possible without fully functioning legal systems based on laws and institutions derived from North America and Europe. What is less clear is whether over time the regulatory systems in these countries will evolve toward more economically efficient globalized forms of Western governance, as some commentators suggest, or follow a more complex pattern of convergence and divergence. This article advances the debate by investigating the factors that motivate actors in these countries to look beyond domestic regulatory systems and embrace global regulatory regimes. I argue from empirical research the need to decenter the analysis of legal globalization to take into account the myriad local actors, state, non-state and hybrid that interact with global regulatory regimes. I conclude that conventional explanations for the formation of regulatory preferences that are based on cost-benefit calculations tell only part of the story. Perceptions of legitimacy and identity also profoundly influence regulatory preferences and steer domestic responses to global regulatory regimes.