Download or read book Convergence and Divergence of Private Law in Asia written by Gary Low and published by Cambridge University Press. This book was released on 2022-02-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Download or read book The Development of Law in Asia written by and published by . This book was released on 2006 with total page 97 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Development of Law in Asia Intellectual property law written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Development of Law in Asia written by and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Download or read book Asia Pacific Legal Development written by Gerry Ferguson and published by UBC Press. This book was released on 2011-11-01 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.
Download or read book The Development of Law in Asia Constitutional and administrative law written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commercial Law in East Asia written by Roman Tomasic and published by Routledge. This book was released on 2017-07-05 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Studies in the Contract Laws of Asia written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
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 Convergence and Divergence in Private International Law written by Sirko Harder and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth in cross-border trade and movement of people over the past decades has led to an increasing judicial, legislative and scholarly development of private international law, creating harmonised rules in some areas and new approaches in others. Many of these developments are reflected in Convergence and Divergence in Private International Law, which is a liber amicorum for Professor Kurt Siehr on the occasion of his 75th birthday. The book is an impressive collection of knowledge and ideas, containing 45 contributions by 50 scholars from around the world on various aspects of private international law as well as the harmonisation or reform of substantive private law. This article aims to demonstrate the diversity and richness of the contributions by looking at selected issues discussed in the book which have direct relevance to its title.
Download or read book Convergence Divergence and Regulatory Tension An Asian Perspective written by Locknie Hsu and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views. The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal obligations vis-à-vis public health, regulatory objectives and implications for stakeholder interests. This intersection and resulting tension have led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The law evolving around these issues is demonstrating a deep divergence, in the manner that related disputes are being handled, and in terms of regulatory as well as negotiating stances. As an example, the debate on access to medicines demonstrates a divergence of approaches and proposed global solutions, as numerous proposals for reform of the existing construct (comprising patents and their “progeny” in the form of related commercial rights) are canvassed. Meanwhile, some countries such as India have begun to move ahead to embrace solutions such as compulsory licensing. This paper examines the reasons for legal and policy divergences in public health issues in the context of treaty obligations, with examples from Asia, and attempts a prognosis on convergence in regulation. It is suggested that a convergence of purpose(s) is needed, for a convergence of solutions to be found. Until then, the current divergences will continue to feed regulatory tension.
Download or read book Are Legal Systems Converging or Diverging written by Emilie Ghio and published by Springer. This book was released on 2023-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems;(ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).
Download or read book Convergence Divergence and the Middle Way in Unifying Or Harmonising Private Law written by Luke Nottage and published by . This book was released on 2001 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Development in East and South East Asia written by Christoph Antons and published by Routledge. This book was released on 2005-10-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
