The Demand for Constitutional Law

A growing concern in transition economies is the gap between the law on the books and the law in practice. The existence of such a gap has long been recognized even in countries with a long legal tradition and where, by and large, the formal law seems to be observed. In transition economies as well as in many emerging markets and developing countries, this gap appears to be especially pronounced. This paper argues that an explanation for this phenomenon can be found in the process of law development in these countries. They have extensively imported law from other countries in an attempt to stage a catch-up in legal development. This was facilitated by foreign legal advisors preaching the existence and transferability of best practice in other parts of the world. The missing link in this equation has been the demand for law. This paper seeks to explain the meaning of the demand for law in the context of evolving Russian constitutional law drawing extensively from research on legal transplants and the lack of demand for law in other areas of the law.     

Evolution of Corporate Law and the Transplant Effect: Lessons from Six Countries

The pattern of legal change in countries that have their legalsystems transplanted from abroad differs markedly from countriesthat develop their own systems, irrespective of the legal familyfrom which their laws come. In "transplant" countries, law oftenstagnates for long periods of time; when change takes place,it tends to be radical, if not erratic. External models remaindominant even years after the law was transplanted. Althoughthere is some evidence that transplant countries have engagedin comprehensive legal reforms in response to the pressuresof globalization, it is still too early to judge whether thesenew changes can be taken as a sign that the legal systems inthese countries have started a process of endogenous legal evolution.      

Innovation in corporate law

In most countries large business enterprises today are organized as corporations. The corporation with its key attributes of independent personality, limited liability and free tradeability of shares has played a key role in most developed market economies since the 19th century and has made major inroads in emerging markets. We suggest that the resilience of the corporate form is a function of the adaptability of the legal framework to a changing environment. We analyze a country's capacity to innovate using the rate of statutory legal change, the flexibility of corporate law, and institutional change as indicators. Our findings suggest that origin countries are more innovative than transplant countries. Journal of Comparative Economics 31 (4) (2003) 676–694.     

Global network finance: Institutional innovation in the global financial market place

The global financial crisis that began in 2007 revealed a fundamental weakness in the global financial system: extensive financial interdependence of financial relations unmatched by a governance regime of similar reach. As multinational banks sought to fortify their capital base in the wake of the unfolding crisis, Sovereign Wealth Funds (SWFs) and the banks’ home governments have become mutual stakeholders in some of the largest financial intermediaries with global reach. From the multitude of individual transactions has emerged a network of equity ties that spans the globe. These ties bridge institutional practices and governance regimes that previously operated largely independently of each other. They have the potential of fostering the emergence of a new governance regime for the global financial market place that deviates from earlier prognoses that globalization entails convergence on a single governance model. Instead, the newly created ties that jointly add up to a global financial network enable institutionally and organizationally diverse players to contribute their own perspectives as joint stakeholders in selected financial intermediaries, and indirectly, in the global financial system. This is likely to have important implications for the behavior of these actors in the future and the emergence of new governance solutions for the global market place. The paper discusses two recent cases of collaborative re-capitalization events to illustrate how this regime is evolving in practice.     

Economic development, legality, and the transplant effect

We analyze the determinants of effective legal institutions (legality) using data from 49 countries. We show that the way the law was initially transplanted and received is a more important determinant than the supply of law from a particular legal family. Countries that have developed legal orders internally, adapted the transplanted law, and/or had a population that was already familiar with basic principles of the transplanted law have more effective legality than countries that received foreign law without any similar predispositions. The transplanting process has a strong indirect effect on economic development via its impact on legality, while the impact of particular legal families is weaker and not robust to alternative legality measures.     

Law and Finance in Transition Economies

This paper offers the first comprehensive analysis of legal change in the protection of shareholder and creditor rights in transition economies and its impact on the propensity of firms to raise external finance. Following La Porta et al. (1998), the paper constructs an expanded set of legal indices to capture a range of potential conflicts between different stakeholders of the firm. It supplements the analysis of the law on the books with an analysis of the effectiveness of legal institutions. Our main finding is that the effectiveness of legal institutions has a much stronger impact on external finance than does the law on the books, despite legal change that has substantially improved shareholder and creditor rights. This finding supports the proposition that legal transplants and extensive legal reforms are not sufficient for the evolution of effective legal and market institutions.