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Asia-Pacific Legal Development by Gerry Ferguson Pdf
This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.
Asia-Pacific Legal Development by Gerry Ferguson Pdf
In this age of globalization many legal experts see evidence of swift global movement toward an eventual single "world legal system." Yet, the trend to political and economic integration in some parts of the world is matched by the trend to disintegration in others, where strong cultural and political resistance to external influences exists. Asia-Pacific Legal Development traces current and prospective developments in several legal systems of the Asia-Pacific region to make sense of these trends and counter-trends. The contributing authors represent a wide variety of specialist expertise, both "public" and "private," and together they encompass the three sectors that constitute a modern system of formal law: the economic, the behavioural, and the civic. Taking into account the opinions and perspectives of both indigenous and non-indigenous experts on topics ranging from prostitution to constitutional law, the book surveys how several ASEAN nations, as well as Canada, Australia, and New Zealand, are confronting social, economic, and legal change. In the first three parts, chapters are grouped along general sectoral lines to cover economic, civic, and behavioural themes, while in the fourth, cross-sectoral contexts are addressed. With the introduction and concluding chapter, the editors provide an overall integrating framework as well as provocative insights into trends in legal development in the Asia-Pacific region, and on comparative legal research and writing in general. Asia-Pacific Legal Development is not only an exemplary model for cooperative and comparative legal research and scholarly pluralism, but also a rich study of the increasingly relevant issue of convergence and divergence of legal systems, with a unique Asian focus.
This book assesses the past 20 years of development of international economic law in time for the WTO’s 20th Anniversary, and forecasts the future of international economic law. This edited volume brings together experts in the Asia-Pacific region, from a range of backgrounds, to provide perspectives on many issues that arise from the international economic law experience, focusing on its legal significance and likely impact on multilateralism. The past two decades have seen a significant proliferation of regional trade agreements and a lack of multilateral governance of finance around the world. How to respond to these challenges and how to reform the WTO jurisprudence and process to co-ordinate global and regional mechanisms have become compelling questions for large-scale discussions and systemic analysis. This book provides vital insights into just how to improve multilateral trading governance and to recalibrate international economic law in the twenty-first century.
Author : Albert Vincent Y. Yu Chang,Andrew Thorson Publisher : American Bar Association Page : 552 pages File Size : 54,9 Mb Release : 2010 Category : Business enterprises ISBN : 1604428430
A Legal Guide to Doing Business in the Asia-Pacific by Albert Vincent Y. Yu Chang,Andrew Thorson Pdf
This book provides domestic law expertise, on-the-ground experience, and a global perspective of 14 countries and jurisdictions (Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam) and addresses topics such as: establishing a business presence; foreign investments; operational issues; litigation and dispute resolution; and developing an exit strategy.
Alternative Development Finance and Parallel Development Strategies in the Asia-Pacific by Jin Sheng Pdf
This insightful book examines the impact of two competing visions of Asian-Pacific economic growth paths and development governance. It discusses law, development and finance in the context of the Indo-Pacific Strategy versus the Belt and Road Initiative (BRI), whilst also comparing parallel development financing systems.
International Environmental Law in the Asia Pacific by Ben Boer,Donald R. Rothwell,Ross Ramsay,Donald Rothwell Pdf
The purpose of this book is to assess the development of international environmental law in the Asia Pacific. Consideration is given to the impact upon the region of global, regional and subregional environmental law. An assessment is also undertaken of how certain states, and groups of states, have responded domestically and within their own subregions to these developments. For the purposes of this book the Asia Pacific is defined as essentially the states which comprise East and Southeast Asia, Australia, New Zealand and the island states of the Southwest Pacific. Occasional consideration is also given to the states of South Asia.
"Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book aims to do this by offering the first work that systematically explores trusts law across the region. At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity."--
Law and Development in Asia by Gerald Paul McAlinn,Caslav Pejovic Pdf
This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.
The Law of the Sea in the Asian Pacific Region by James Crawford,Donald R. Rothwell Pdf
The volume surveys and discusses the range of current issues arising in the law of the sea from an Asian-Pacific perspective. There have been major developments in the law of the sea in the region: many current controversies (e.g. over archipelagic sealanes passage, drift-net fishing and environmental management) have their origins, or important exemplars, in the region. The contributors include international lawyers, political scientists and government officials with expertise in the region. Particular aspects of the book which are of interest are: (a) its discussion of the perspectives of particular countries in the region (East Asia, Australia, the Pacific Islands); (b) its focus on issues of the marine environment and fisheries, including drift-net fishing; (c) discussion of specific developments which are of general interest (the Torres Strait Treaty and its implementation, maritime-confidence-building measures, dispute resolution); and (d) an overview of issues relating to high seas freedoms, including in particular transit through straits and archipelagoes. There is a concluding essay by the editors summarizing the various trends.
Making Copyright Work for the Asian Pacific by Susan Corbett,Jessica Lai Pdf
This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.
Asian Yearbook of International Economic Law 2022 by Manjiao Chi,Marc Bungenberg,Andrea K. Bjorklund Pdf
The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.
New Courts in Asia by Andrew Harding,Penelope Nicholson Pdf
This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
