Download or read book Asian comparative Law Review written by and published by . This book was released on 1963 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law in a Global Context written by Werner F. Menski and published by Cambridge University Press. This book was released on 2006-03-30 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Download or read book Asian Yearbook of International Law Volume 24 2018 written by Seokwoo Lee and published by BRILL. This book was released on 2020-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Download or read book Asian Comparative Law written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Examining Practice Interrogating Theory Comparative Legal Studies in Asia written by Penelope Nicholson and published by BRILL. This book was released on 2008-10-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Download or read book China State Sovereignty and International Legal Order written by Phil C.W. Chan and published by Hotei Publishing. This book was released on 2015-05-19 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Download or read book Constitutional Dialogue in Common Law Asia written by Po Jen Yap and published by OUP Oxford. This book was released on 2015-07-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.
Download or read book Comparative Constitutional Law in Asia written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Download or read book Proportionality in Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2020-08-27 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Download or read book Constitutional Convergence in East Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2021-11-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Download or read book Venture Capital Law in China written by Lin Lin and published by Cambridge University Press. This book was released on 2021-02-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth comparative, empirical and critical analysis of the law and practice of venture capital in China.
Download or read book Human Rights in Asia written by Randall Peerenboom and published by Routledge. This book was released on 2006-09-27 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Download or read book Comparative Criminology in Asia written by Jianhong Liu and published by Springer. This book was released on 2017-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents the diversity of comparative criminology research in Asia, and the complex theoretical and methodological issues involved in conducting comparative research. With contributors both from the West and the East exploring these questions, the Editors have created a balanced resource, as well as set an agenda for future research. The increasing pace of globalization means that researchers should be armed with an understanding of how criminal justice systems work across the world. In the past, comparative research largely compared Western countries to each other, or involve d researchers from a Western perspective examining an Asian country, with models and theories developed in the West considered to have universal applications. This work aims to correct that gap, by providing a critical examination of comparative research, presenting quantitative and qualitative research data, and asking new questions that challenge prevailing research norms and provide an agenda for future research. This work will be of interest for researchers across the field of Criminology, particularly those with an interest in International and Comparative Research, research on or about Asia, and related disciplines such as Sociology, Demography, and Social Policy. “This fine collection that goes to the rich distinctiveness of Asian criminology. The editors have brought together a wonderful collection of authors mainly from the region. The distinctiveness of values and relational practices in Asia are recurrent themes that are well developed in this book and help us to make sense of patterns of crime and criminal justice in Asia.” John Braithwaite, Australian National University “What theoretical, methodological, and practical issues must we confront in conducting cross-cultural studies encompassing Western and Asian countries? Comparative Criminology in Asia discusses these issues and presents exemplary comparative research. The introductory chapter and the introduction to each part by the co-editors are lucid and highly educational. This collection must be required reading for every serious scholar and aspiring graduate student in Asian countries so that criminological and criminal justice studies will be brought to a much higher level o f sophistication.” Setsuo Miyazawa, UC Hastings “Can there be – and should there be -- a distinctive Asian criminology? What would this involve? The answer depends on what one thinks of the universalistic explanatory claims of Western criminology. Will these claims become self- fulfilling as these societies add to colonial influences a more deliberate borrowing of criminal justice models and established ways of pursuing discipline of criminology? Or will a more critical spirit prevail? This welcome edited collection by Liu, Travers and Chang provides an excellent starting point for reflecting on these and other questions. Rather than attempting to provide descriptions of the variety of similarities and differences in this region (though there are some fascinating case studies of these) the focus is even more on exploring the theoretical approa ches and methodologies used in comparing institutional and cultural differences by Asian criminologists and others.” David Nelken, King’s College, London “Criminologists can no longer ignore the impact of globalization on the pattern and amount of crime as we experienced recently, nor can we ignore the global change of criminal justice policies to deal with crime. There is, therefore, a desperate need to collect data on how crime and criminal justice are influenced by globalization across Asian countries. On the other hand, there are debates on the issue of culture-specific vs. pan-culture theories of crime. This collection addresses both issues in an interesting way. Its publication is timely and welcome.” Chuen-Jim Sheu, National Taipei University
Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer Nature. This book was released on 2020-04-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.
