Asian Law Journal

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Asian Law Journal

Author : Anonim
Publisher : Unknown
Page : 592 pages
File Size : 47,9 Mb
Release : 2004-05
Category : Asian Americans
ISBN : NYPL:33433073485868

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Asian Law Journal by Anonim Pdf

Asian Yearbook of International Economic Law 2022

Author : Manjiao Chi,Marc Bungenberg,Andrea K. Bjorklund
Publisher : Springer Nature
Page : 212 pages
File Size : 44,6 Mb
Release : 2022-07-29
Category : Law
ISBN : 9783030934750

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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.

Investment Treaties and the Rule of Law Promise

Author : N. Jansen Calamita,Ayelet Berman
Publisher : Cambridge University Press
Page : 377 pages
File Size : 55,7 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781009183659

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Investment Treaties and the Rule of Law Promise by N. Jansen Calamita,Ayelet Berman Pdf

Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.

The Indian Legal Profession in the Age of Globalization

Author : David B. Wilkins,Vikramaditya S. Khanna,David M. Trubek
Publisher : Cambridge University Press
Page : 773 pages
File Size : 41,7 Mb
Release : 2017-05-23
Category : Law
ISBN : 9781107151840

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The Indian Legal Profession in the Age of Globalization by David B. Wilkins,Vikramaditya S. Khanna,David M. Trubek Pdf

This book provides a comprehensive analysis of the impact of globalization on the legal profession in India.

Routledge Handbook of Asian Law

Author : Christoph Antons
Publisher : Taylor & Francis
Page : 447 pages
File Size : 51,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781317337409

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Routledge Handbook of Asian Law by Christoph Antons Pdf

Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion

Venture Capital Law in China

Author : Lin Lin
Publisher : Cambridge University Press
Page : 357 pages
File Size : 46,7 Mb
Release : 2021-02-18
Category : Business & Economics
ISBN : 9781108423557

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Venture Capital Law in China by Lin Lin Pdf

Provides an in-depth comparative, empirical and critical analysis of the law and practice of venture capital in China.

Asian Legal Revivals

Author : Yves Dezalay,Bryant G. Garth
Publisher : University of Chicago Press
Page : 304 pages
File Size : 45,8 Mb
Release : 2010-11-15
Category : Law
ISBN : 9780226144665

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Asian Legal Revivals by Yves Dezalay,Bryant G. Garth Pdf

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences—and in considering how those experiences have laid the foundation for those societies’ legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession’s recent revival of influence, as spurred on by American geopolitical and legal interests.

Ocean Law and Policy

Author : Carlos Espósito,James Kraska,Harry N. Scheiber,Moon-Sang Kwon
Publisher : BRILL
Page : 483 pages
File Size : 41,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9789004311442

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Ocean Law and Policy by Carlos Espósito,James Kraska,Harry N. Scheiber,Moon-Sang Kwon Pdf

In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system.

Trust Law in Asian Civil Law Jurisdictions

Author : Lusina Ho,Rebecca Lee
Publisher : Cambridge University Press
Page : 321 pages
File Size : 48,8 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107244795

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Trust Law in Asian Civil Law Jurisdictions by Lusina Ho,Rebecca Lee Pdf

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.

The Spirit of Traditional Chinese Law

Author : Geoffrey MacCormack
Publisher : University of Georgia Press
Page : 292 pages
File Size : 46,5 Mb
Release : 1996
Category : Law
ISBN : 0820317225

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The Spirit of Traditional Chinese Law by Geoffrey MacCormack Pdf

By the end of the eighth century A.D., imperial China had established a system of administrative and penal law, the main institutions of which lasted until the collapse of the Ch'ing dynasty in 1911. The Spirit of Traditional Chinese Law studies the views held throughout the centuries by the educated elite on the role of law in government, the relationship between law and morality, and the purpose of punishment. Geoffrey MacCormack's introduction offers a brief history of legal development in China, describes the principal contributions to the law of the Confucian and Legalist schools, and identifies several other attributes that might be said to constitute the "spirit" of the law. Subsequent chapters consider these attributes, which include conservatism, symbolism, the value attached to human life, the technical construction of the codes, the rationality of the legal process, and the purposes of punishment. A study of the "spirit" of the law in imperial China is particularly appropriate, says MacCormack, for a number of laws in the penal codes on family relationships, property ownership, and commercial transactions were probably never meant to be enforced. Rather, such laws were more symbolic and expressed an ideal toward which people should strive. In many cases even the laws that were enforced, such as those directed at the suppression of theft or killing, were also regarded as an emphatic expression of the right way to behave. Throughout his study, MacCormack distinguishes between "official," or penal and administrative, law, which emanated from the emperor to his officials, and "unofficial," or customary, law, which developed in certain localities or among associations of merchants and traders. In addition, MacCormack pays particular attention to the law's emphasis on the hierarchical ordering of relationships between individuals such as ruler and minister, ruler and subject, parent and child, and husband and wife. He also seeks to explain why, over nearly thirteen centuries, there was little change in the main moral and legal prescriptions, despite enormous social and economic changes.

Encyclopedia of Public International Law in Asia (3 Vols)

Author : Seokwoo Lee
Publisher : Brill Nijhoff
Page : 128 pages
File Size : 40,5 Mb
Release : 2021-09-22
Category : Electronic
ISBN : 900438877X

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Encyclopedia of Public International Law in Asia (3 Vols) by Seokwoo Lee Pdf

Although there is general acknowledgement of the great variety of cultures among Asian countries, strong themes of familiarity, mutual understanding, coherence and solidarity persists among them as a result of the numerous mutual cultural and religious contacts and interconnections that developed over the course of centuries. The examination of international law and its application in Asia can reveal the shared history of the continent, but also its unique development in each Asian state:00Incorporating the work of numerous leading scholars, the Encyclopedia of Public International Law in Asia provides a detailed description of the practice and implementation of international law in various Asian states. The Encyclopedia covers the introduction of Western international law; the resulting shift from Asian international law and the development of international law; and the impact that all of this has had on Asian states.

Law and Legal Institutions of Asia

Author : E. Ann Black,Gary F. Bell
Publisher : Cambridge University Press
Page : 429 pages
File Size : 53,5 Mb
Release : 2011-03-10
Category : Law
ISBN : 9781139495837

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Law and Legal Institutions of Asia by E. Ann Black,Gary F. Bell Pdf

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Law and Society in East Asia

Author : Christoph Antons
Publisher : Routledge
Page : 661 pages
File Size : 46,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351560719

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Law and Society in East Asia by Christoph Antons Pdf

The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.

Asian Treaty Practice

Author : Yogesh K. Tyagi
Publisher : Springer
Page : 240 pages
File Size : 43,7 Mb
Release : 2022-06-15
Category : Law
ISBN : 9811689334

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Asian Treaty Practice by Yogesh K. Tyagi Pdf

This book surveys the treaty practice of Asian States. It undertakes a study of nine prominent Asian States, namely Bangladesh, India, Japan, Malaysia, Nepal, People’s Republic of China, Republic of Korea, Sri Lanka and The Philippines. One chapter each deals with the treaty practice of these States by reflecting on the theoretical foundations of treaty practice at the domestic level, including a query whether the State follows the theory of monism or dualism or a mix of these two; the relationship between treaties and the Constitution; the relationship between treaties and legislation; and the relationship between treaties and domestic customary law, if any. The chapters also review the participation of the respective States in the drafting of the 1969 Vienna Convention on the Law of Treaties (VCLT); position on and reservations to the VCLT; and reference of the VCLT in the treaties concluded by the States. Other aspects covered in chapters include constitutional provisions relating to treaties; domestic law, if any (for example, Nepal has a legislation on treaties); ratification process and practice; judicial practice, covering case law at the domestic level; the position of the State on the interpretation of treaties; and mechanism for the implementation of treaties at the domestic level, if any. The chapters identify leading cases, if any, relating to treaties to which the State was a party before international courts/tribunals. It deals with treaty compliance issues, including response to alleged violations of treaties; termination of treaties, if any; response to termination, if any; and participation in treaty bodies. It provides a panorama of treaties, to which the State is a party, as well as the most conspicuous treaties to which the State is not a party and the reasons thereof. The concluding chapter contains some general observations on Asian treaty practice.

Proportionality in Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
Page : 0 pages
File Size : 42,7 Mb
Release : 2022-09-29
Category : Law
ISBN : 1108797733

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Proportionality in Asia by Po Jen Yap Pdf

This is the first book that focusses on how proportionality analysis - a legal transplant from the West - is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.