Comparative Studies On Governmental Liability In East And Southeast Asia

Author : Yong Zhang
Publisher : Martinus Nijhoff Publishers
Page : 276 pages
File Size : 50,9 Mb
Release : 1999-01-28
Category : Law
ISBN : 9041110747

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Comparative Studies on Governmental Liability in East and Southeast Asia by Yong Zhang Pdf

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Author : Yong Zhang
Publisher : Martinus Nijhoff Publishers
Page : 272 pages
File Size : 48,5 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004632912

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Comparative Studies on Governmental Liability in East and Southeast Asia by Yong Zhang Pdf

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Author : B.S. Chimni,Sik Ko Swan,Masahiro Miyoshi,M.C.W. Pinto,Surya Subedi
Publisher : BRILL
Page : 378 pages
File Size : 54,9 Mb
Release : 2020-01-29
Category : Law
ISBN : 9789004400672

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Asian Yearbook of International Law, Volume 8 (1998-1999) by B.S. Chimni,Sik Ko Swan,Masahiro Miyoshi,M.C.W. Pinto,Surya Subedi Pdf

The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.

Author : Adiaan Bedner
Publisher : BRILL
Page : 315 pages
File Size : 50,6 Mb
Release : 2021-09-06
Category : Law
ISBN : 9789004481992

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Administrative Courts in Indonesia by Adiaan Bedner Pdf

In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.

Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 42,6 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104

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International Investment Law and Comparative Public Law by Stephan W. Schill Pdf

International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Author : Petar Sarcevic,Paul Volken
Publisher : Walter de Gruyter
Page : 449 pages
File Size : 40,6 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537149

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2001 by Petar Sarcevic,Paul Volken Pdf

With articles by Harry Duintjer Tebbens, David Goddard, Christoph Bernasconi, Bertrand Ancel and Frank Gerhard, Private International Law Issues in World War II Era Litigation, national reports from Germany and news from The Hague as well as texts, materials and recent developments.

Author : Richard Lord,Silke Goldberg,Lavanya Rajamani,Jutta Brunnée
Publisher : Cambridge University Press
Page : 711 pages
File Size : 52,5 Mb
Release : 2011
Category : Law
ISBN : 9781107017603

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Climate Change Liability by Richard Lord,Silke Goldberg,Lavanya Rajamani,Jutta Brunnée Pdf

"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--

Author : Melissa Crouch
Publisher : Routledge
Page : 241 pages
File Size : 40,8 Mb
Release : 2013-11-12
Category : Political Science
ISBN : 9781134508297

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Law and Religion in Indonesia by Melissa Crouch Pdf

Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.

Author : Anonim
Publisher : Unknown
Page : 812 pages
File Size : 47,9 Mb
Release : 2006
Category : Electronic journals
ISBN : OSU:32437122412550

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Transnational Law & Contemporary Problems by Anonim Pdf

Author : Lisa Tortell
Publisher : Bloomsbury Publishing
Page : 236 pages
File Size : 43,8 Mb
Release : 2006-11-13
Category : Law
ISBN : 9781847312891

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Monetary Remedies for Breach of Human Rights by Lisa Tortell Pdf

This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.

Author : Tsuyoshi Kotaka,David L. Callies
Publisher : University of Hawaii Press
Page : 406 pages
File Size : 53,9 Mb
Release : 2002-01-31
Category : Law
ISBN : 0824825195

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Taking Land by Tsuyoshi Kotaka,David L. Callies Pdf

The Asia-Pacific region with its rapid urbanization has generated an immediate need for both land use control and compulsory purchase by national and local governments. This book takes a comparative look at land use laws in ten Asia-Pacific countries (Australia, China, Hong Kong, Japan, Korea, Malaysia, New Zealand, Singapore, Taiwan, Thailand) as well as in the United States. A land use scholar from each country describes and analyzes compulsory land acquisition and the means through which property owners can seek compensation when government regulations or policies become so burdensome that they approach the effect of compulsory purchase. The book's major themes are land use control and eminent domain (compulsory purchase). Contributors examine land use control by focusing on land ownership, statutory framework, land use plans and planning, zoning, building regulations, courts and common law, and regulatory taking among the eleven countries. Sections on eminent domain cover the right of government to take or reclaim private property. General topics discussed include the source of authority (often a country's constitution), the public purpose and the extent of power, compensation, due process, the importance of plans, the effect of a "colonial" legal system, and the accommodation of indigenous peoples' land rights. With the publication of this volume, legal scholars and practicing land use lawyers will be able to analyze and compare for the first time the individual legal approaches of developed and developing countries in the Asia-Pacific region. Contributors: David L. Callies, Li-Fu Chen, Anton Cooray, Glenys Godlovitch, Tsuyoshi Kotaka, Murray J. Raff, William J. M. Ricquier, Eathipol Srisawaluck, Won Woo Suh, Grace Xavier, Zhen Xian Bin.

Author : Han Peng
Publisher : Routledge
Page : 209 pages
File Size : 47,6 Mb
Release : 2020-12-29
Category : Law
ISBN : 9781000294156

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Law and Social Solidarity in Contemporary China by Han Peng Pdf

This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.

Author : Simon Butt,Hitoshi Nasu,Luke Nottage
Publisher : Springer Science & Business Media
Page : 303 pages
File Size : 54,7 Mb
Release : 2013-10-29
Category : Law
ISBN : 9783642397684

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Asia-Pacific Disaster Management by Simon Butt,Hitoshi Nasu,Luke Nottage Pdf

The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the ‘3-11’ events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to ‘man-made’ disasters. Another is how ‘disaster law’ interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces. Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011. (Annelise Riles)

Author : Hiroyuki Hata,Go Nakagawa†,Takehisa Nakagawa,Hiromi Nishimura,Takayoshi Okada
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 54,5 Mb
Release : 2022-08-20
Category : Law
ISBN : 9789403545653

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Constitutional Law in Japan by Hiroyuki Hata,Go Nakagawa†,Takehisa Nakagawa,Hiromi Nishimura,Takayoshi Okada Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Japan provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Japan will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Author : Anonim
Publisher : Unknown
Page : 902 pages
File Size : 47,9 Mb
Release : 2009
Category : International law
ISBN : STANFORD:36105134484612

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Guide to International Legal Research by Anonim Pdf