Private International Law In East Asia

Author : Olivier Gaillard,Anselmo Reyes,Krista Nadakavukaren Schefer,Paul Beaumont
Publisher : Hart Publishing
Page : 0 pages
File Size : 52,5 Mb
Release : 2024-02-08
Category : Law
ISBN : 9781509970100

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Private International Law in East Asia by Olivier Gaillard,Anselmo Reyes,Krista Nadakavukaren Schefer,Paul Beaumont Pdf

This open access book examines the conflict of law rules in East Asian states, with a focus on the laws in China and Japan but looking also at South Korea. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea and a more in-depth view of the rules on private international law. This will foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. Part three provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part four examines the rules applying to family law and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Author : Zou Keyuan
Publisher : Routledge
Page : 450 pages
File Size : 46,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351562300

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International Law in East Asia by Zou Keyuan Pdf

As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

Author : Eric Yong Joong Lee
Publisher : Springer Nature
Page : 323 pages
File Size : 47,8 Mb
Release : 2023-06-02
Category : Law
ISBN : 9789811979675

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Revolutionary Approach to International Law by Eric Yong Joong Lee Pdf

This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
Page : 248 pages
File Size : 44,9 Mb
Release : 2014-02-07
Category : Law
ISBN : 9783319034461

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Codification in East Asia by Wen-Yeu Wang Pdf

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Author : Simon Chesterman,Hisashi Owada,Ben Saul
Publisher : Oxford Handbooks
Page : 904 pages
File Size : 48,7 Mb
Release : 2019-04-28
Category : Law
ISBN : 9780198793854

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The Oxford Handbook of International Law in Asia and the Pacific by Simon Chesterman,Hisashi Owada,Ben Saul Pdf

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Author : Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan
Publisher : Routledge
Page : 185 pages
File Size : 55,7 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781136223822

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Asian Approaches to International Law and the Legacy of Colonialism by Jin-Hyun Paik,Seok-Woo Lee,Kevin Y. L. Tan Pdf

The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

Author : Eric Yong-Joong Lee
Publisher : Unknown
Page : 128 pages
File Size : 54,8 Mb
Release : 2014
Category : International law
ISBN : OCLC:875123510

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East Asia and International Law by Eric Yong-Joong Lee Pdf

Author : Sai Ramani Garimella,Stellina Jolly
Publisher : Springer
Page : 442 pages
File Size : 52,5 Mb
Release : 2017-01-19
Category : Law
ISBN : 9789811034589

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Private International Law by Sai Ramani Garimella,Stellina Jolly Pdf

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Author : Alejandro Carballo Leyda
Publisher : Kluwer Law International
Page : 0 pages
File Size : 45,7 Mb
Release : 2015
Category : Conflict of laws
ISBN : 904114756X

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Asian Conflict of Laws by Alejandro Carballo Leyda Pdf

Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions è^' such as this very useful book provides è^' is an essential resource for both practitioners and academics.

Author : Lucie Cheng,Arthur Rosett,Margaret Woo
Publisher : Routledge
Page : 255 pages
File Size : 48,6 Mb
Release : 2003-09-02
Category : Law
ISBN : 9781134431809

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East Asian Law by Lucie Cheng,Arthur Rosett,Margaret Woo Pdf

This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

Author : Poomintr Sooksripaisarnkit,Sai Ramani Garimella
Publisher : Routledge
Page : 250 pages
File Size : 47,5 Mb
Release : 2018-05-16
Category : Law
ISBN : 9781351348447

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China's One Belt One Road Initiative and Private International Law by Poomintr Sooksripaisarnkit,Sai Ramani Garimella Pdf

The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Author : Seokwoo Lee,Hee Eun Lee
Publisher : Martinus Nijhoff Publishers
Page : 209 pages
File Size : 52,9 Mb
Release : 2013-08-29
Category : Law
ISBN : 9789004257092

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Northeast Asian Perspectives on International Law by Seokwoo Lee,Hee Eun Lee Pdf

Since the end of the Cold War, Northeast Asia has been one of the most dynamic and dangerous parts of the world. Encompassing Japan, the People’s Republic of China, and North and South Korea, the region has undoubtedly acquired a greater global geopolitical and economic significance in recent years. Now home to two of the three largest economies in the world, with the exception of North Korea, all of the countries in the region experienced rapid economic development which has resulted in Northeast Asia accounting for one-fifth of world production, one-sixth of world trade, and one-half of the world’s foreign currency reserves. This great economic dynamism is complemented by the tremendous political forces that animate the region, such as China’s ascendency to a global power challenging the United States and the European Union, tensions over nuclear weapons on the Korean peninsula, and Japan’s desire to validate itself as a legitimate international force with a permanent seat on the UN Security Council. All of these modern issues faced by the region are matters of international law. Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges contends that international law is not only poised to take a bigger role in bringing about a resolution to these questions, but international lawyers of the region are working to bring about greater regional cooperation and integration as seen in other regions in the world. This edited volume was inspired by the first joint international academic conference of international lawyers from the Chinese Society of International Law, Japanese Society of International Law, and Korean Society of International Law which took place in Seoul, Korea on July 3, 2010. With a range of timely topics including, but not limited to, North Korean human rights, the South China Sea, and Japan’s efforts in UN peacekeeping operations, the esteemed contributors to Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges examine how international law can promote peace and justice in Northeast Asia. Legal scholars, students of international law and international relations, policymakers and historians will find Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges to be an invaluable resource.

Author : Simon Chesterman,Hisashi Owada,Ben Saul
Publisher : Oxford University Press
Page : 600 pages
File Size : 49,9 Mb
Release : 2019-09-04
Category : Law
ISBN : 9780192512703

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The Oxford Handbook of International Law in Asia and the Pacific by Simon Chesterman,Hisashi Owada,Ben Saul Pdf

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Author : Asif H Qureshi
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 45,6 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509915309

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Contextualising International Law in Northeast Asia by Asif H Qureshi Pdf

Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

Author : Kevin YL Tan
Publisher : BRILL
Page : 452 pages
File Size : 40,9 Mb
Release : 2019-07-01
Category : Law
ISBN : 9789004379756

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Asian Yearbook of International Law, Volume 19 (2013) by Kevin YL Tan Pdf

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.