Transplanting English Law in Special Economic Zones in Asia: Law As Commodity

Abstract English law has become a commodity for developing, resource-rich economies desirous of diversifying their economies. A small number of special economic zones, chiefly in the Gulf, but also elsewhere, have set up entire legal systems predicated to a large or smaller degree on English law. This transplantation is based on three distinct models, namely: (a) wholesale incorporation of statutes; (b) general reference to English law as residual law and; (c) implicitly, on the basis of the common law origin of judges appointed to the courts of special economic zones. The expectation in all these models is that the specialised courts and other stakeholders (eg, legal professionals) will apply English statutory and common law in conformity with other laws applicable in the special economic zones. Ultimately, the practice of the courts and other participants will give rise to a sui generis common law jurisdiction that is in dialogue with the courts and institutions of England and Wales. The article argues that this has already been achieved in the majority of the special economic zones examined here.