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First published in 1999, this volume provides an overview of company laws in South East Asia, North East Asia and the Pacific. The chapters adopt a standard format to allow for comparisons to be made as well as highlighting key features of company laws in each jurisdiction. The contributors are experts in their fields and present practical and policy related insights. The book also contains some useful overviews of company law themes in Asia.
The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
Maritime Order and the Law in East Asia by Nong Hong,Gordon Houlden Pdf
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
Transforming Corporate Governance in East Asia by Curtis Milhaupt,Kon-Sik Kim,Hideki Kanda Pdf
Over the past ten years, the corporate governance environment in East Asia has undergone a significant transformation. The Asian Financial crisis, together with Japan’s long economic malaise, undermined confidence in the corporate structures, governance practices, and regulatory oversight of firms in the region. Since that time, each of the countries in the region has been a hotbed of legislative, judicial, and market activity in the realm of corporate governance. This book takes stock of the most important recent corporate governance changes in the region and the challenges still to be overcome. The contributors pursue this objective, not by describing laundry lists of legal reforms and problems, but by focused in-depth legal analysis on specific issues facing the separate systems in the wake of - sometimes in spite of - the voluminous reforms and market changes of the past decade. Written by the leading corporate law scholars and policy advisors in East Asia and some of the most renowned scholars of comparative corporate governance in the United States, the papers are methodologically united in their careful attention to the impact, and limitations, of legal reforms on corporate governance in East Asia today.
Insolvency Law in East Asia by Professor Roman Tomasic Pdf
This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. So far as possible, given the varying states of legal development, each chapter addresses key themes such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences.
Business and Human Rights in Southeast Asia by Mahdev Mohan,Cynthia Morel Pdf
Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.
Law and Development in East and South-East Asia by Christoph Antons Pdf
During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
The Derivative Action in Asia by Dan W. Puchniak,Harald Baum,Michael Ewing-Chow Pdf
This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.
"The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century."--Provided by publisher.
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.
Yearbook Law & Legal Practice in East Asia, Volume 4 (1999) by Annie J. de Roo,Robert W. Jagtenberg Pdf
The fourth volume in the annual series Yearbook Law & Legal Practice in East Asia addresses a broad scope of topics related to the legal systems of the East Asian region. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. This fourth volume includes a wide variety of subjects, from constitutional developments in China to company law in Hong Kong.
Joint Ventures in East Asia:Legal Issues by International Bar Association. Section on Business Law. Conference,Jacques Buhart Pdf
There are many indications that the twentieth century will be the `Asian century', with several countries there approaching rapid and sustained economic development, fuelled by neighbouring investor countries. This book provides the ultimate manual for investors interested in setting up a joint venture in the Far East, and presents the legal nuts and bolts of that process with respect to Japan, South Korea, Taiwan, China, Indonesia, the Philippines and Thailand. A final item argues persuasively for alternatives to traditional dispute resolution methods, and will greatly assist drafting of such contracts. Matters addressed systematically are: the selection of a J.V. vehicle, control of a J.V. company, tax incentives, acquisition of real property, government authorizations, legal procedures for termination, and legal status of dispute resolution methods. This book presents the work of the IBA's Committee on Business Organizations, convened in Hong Kong in 1991. The considerable experience brought to bear on this subject by leading international legal practitioners renders this work an invaluable tool for the investor in the 1990s and beyond.
Yearbook Law & Legal Practice in East Asia, Volume 2 (1996) by Annie J De Roo,Robert W Jagtenberg Pdf
This is the second volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.
Commercial Laws of East Asia by Alan S. Gutterman,Robert Brown (JD.) Pdf
The book provides a comparative review of the legal and regulatory framework of commercial activity in East Asia. It includes competition law, commercial law, capital markets and securities law, banking and lending law, health and safety law, employment and labour law, tax laws, contract law, companies law, arbitration and ADR, consumer protection law, environmental law, foreign investment law, and intellectual property law.
