Why Institutions Matter: A comparative analysis of borrowing competition laws in India and Pakistan
In recent years, several developing countries have adopted regulatory laws to remain relevant in an increasingly globalized world. On the Indian Subcontinent, the entire Indian and Pakistani legal systems – their Constitutions and Codes of Civil and Criminal Procedure – are legal transplants, since they are either modelled on British Laws (Constitutions are modelled on the Government of India Act 1935) or were introduced by the British.
In the run up to joining the World Trade Organization, and as part of World Bank 2nd generation reforms, both India and Pakistan began to update their regulatory infrastructure, including laws regulating financial and capital markets, insurance, telecommunication, and electricity. The majority of these laws were modelled on western regulatory laws, yet the manner and extent to which these laws were adopted – and adapted – in the two countries was remarkably different, and led to very different outcomes. Whilst policymakers in both countries 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 how this compatibility is achieved.
In this workshop, scholars will discuss the experience of India and Pakistan to consider how the interplay of institutions can affect the legitimacy, compatibility, and ultimate success of these transplanted laws in the adopting countries.
Denis Galligan, Emeritus Professor of Socio-Legal Studies and Director of Programmes, Foundation for Law, Justice and Society, Oxford
Amber Darr, Senior fellow, Centre for Law, Economics and Society, University College London