Download or read book Rethinking the Role of Judicial Independence in Socialist Transforming East Asia written by John Gillespie and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article argues that judicial independence is a poor indicator of the capacity of courts to effectively resolve commercial disputes. Judicial power is a more accurate measure because it assesses whether courts have sufficient jurisdiction, discretionary authority and enforcement powers to make decisions over socially meaningful commercial problems. In fact, judicial independence may reduce the power of newly emerging commercial courts in socialist transforming Asia, which need politics to protect them from interference by powerful governments and private investors. This article explores the trade-offs between judicial power and political patronage by inquiring into the circumstances where patronage may slide into interference. It also investigates the conditions in which judges are most likely to acquire or arrogate discretionary powers to understand politics on their terms. Finally, this article analyses the highly polarized views in this region about what constitutes valid judicial determinations. The message for international agencies contemplating judicial reforms is that reducing political influence and promoting law-based decisions will not uniformly generate popular support and legitimacy for courts.
Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights, intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes. It evaluates their performances, and considers the broader economic, social and political implications.
Download or read book Asia Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Download or read book Legal Reform in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2024-08-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.
Download or read book Courts and Politics in Southeast Asia written by Bjoern Dressel and published by Cambridge University Press. This book was released on 2024-04-04 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts around the globe have become central players in governance, those in Southeast Asia have been no exception. This Element analyses the historical foundations, patterns, and drivers of judicialization of politics by mapping critical junctures that have shaped the emergence of modern courts in the region and providing a basic typology of courts and politics that extends the analysis to the contemporary situation. It also offers a new relational theory that helps explain the dynamics of judicial recruitment, decision-making, court performance-and ultimately perceptions of judicial legitimacy. In a region where power is often concentrated among oligarchs and clientelist political dynamics persist, it posits that courts are best comprehended as institutional hybrids. These hybrids seamlessly blend formal and informal practices, with profound implications for how Southeast Asian courts are molding both the rule of law and political governance.
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
Download or read book Legal Reforms in China and Vietnam written by John Gillespie and published by Routledge. This book was released on 2010-09-13 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and highlighting the factors likely to promote, change or resist the spread of the Chinese model.
Download or read book Asian Yearbook of International Law written by B.S. Chimni and published by Routledge. This book was released on 2009-06-02 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook 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. Each volume of the Yearbook normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations òf special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Download or read book Regulation in Asia written by John Gillespie and published by Routledge. This book was released on 2009-06-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike much analysis about regulation in Asia which focuses on globalisation and the transplant effect, leaving domestic influence over commercial regulation under-researched and under-theorized, this book focuses on how local actors influence regulatory change. It explores the complex economic and regulatory factors that generate social demand for state regulation and shows how local networks, courts, democratic processes and civil society have a huge influence on regulatory systems. It examines the particular circumstances in a wide range of Asian countries, provides transnational comparisons and comparisons with Western countries, and assesses how far local regulatory regimes increase economic value and convey competitive advantages.
Download or read book State Society and the Market in Contemporary Vietnam written by Hue-Tam Ho Tai and published by Routledge. This book was released on 2012-11-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lively debates around property, access to resources, legal rights, and the protection of livelihoods have unfolded in Vietnam since the economic reforms of 1986. Known as Doi Moi (changing to the new), these have gradually transformed the country from a socialist state to a society in which a communist party presides over a neoliberal economy. By exploring the complex relationship between property, the state, society, and the market, this book demonstrates how both developmental issues and state-society relations in Vietnam can be explored through the prism of property relations and property rights. The essays in this collection demonstrate how negotiations over property are deeply enmeshed with dynamics of state formation, and covers debates over the role of the state and its relationship to various levels of society, the intrusion of global forces into the lives of marginalized communities and individuals, and how community norms and standards shape and reshape national policy and laws. With contributors from around the world, this book will be of great interest to students and scholars of East and Southeast Asian studies, including politics, culture, society, and law, as well as those interested in the role of the state and property relations more generally.
Download or read book Market Frictions written by Kirsten W. Endres and published by Berghahn Books. This book was released on 2019-06-06 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on ethnographic research conducted over several years, Market Frictions examines the tensions and frictions that emerge from the interaction of global market forces, urban planning policies, and small-scale trading activities in the Vietnamese border city of Lào Cai. Here, it is revealed how small-scale traders and market vendors experience the marketplace, reflect upon their trading activities, and negotiate current state policies and regulations. It shows how “traditional” Vietnamese marketplaces have continually been reshaped and adapted to meet the changing political-economic circumstances and civilizational ideals of the time.
Download or read book IBSS Political Science 2007 Vol 56 written by The British Library of Political and Economic Science and published by . This book was released on 2008-11-06 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1952, the International Bibliography of the Social Sciences (anthropology, economics, political science, and sociology) is well established as a major bibliographic reference for students, researchers and librarians in the social sciences worldwide. Key features: * Authority: Rigorous standards are applied to make the IBSS the most authoritative selective bibliography ever produced. Articles and books are selected on merit by some of the world's most expert librarians and academics. * Breadth: Today the IBSS covers over 2000 journals - more than any other comparable resource. The latest monograph publications are also included. * International Coverage: The IBSS reviews scholarship published in over thirty languages, including publications from Eastern Europe and the developing world. * User friendly organization: all non-English titles are word sections. Extensive author, subject and place name indexes are provided in both English and French.
Download or read book The Constitution of Vietnam written by Mark Sidel and published by Bloomsbury Publishing. This book was released on 2009-08-26 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and analyses the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today, during a time of reform and debate. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged, how it works, and the main points of debate on it in Vietnamese society. It is written in an accessible style, with an emphasis on clarity and concision. The book discusses and analyses the origins of Vietnamese constitutional thought; the first (1946) Constitution of independent Vietnam; Constitutional dialogue and debate in the late 1940s and 1950s, including the work of dissidents in the 1950s; the 1959 Vietnamese Constitution; constitutional dialogue and debate in the 1960s and 1970s; the 1980 Constitution; the rise of doi moi (renovation) and debates over constitutionalism in the 1980s; the 1992 Constitution, including the role of legislative, executive and judicial sectors, constitutional power and enforcement, constitutional rights and obligations, and other issues; constitutional dialogue and debate in the 1990s; the constitutional debate and revision process of 2001 and the current Vietnamese Constitution the rise of debate over judicial independence and constitutional enforcement and review in Vietnam; comparison to constitutional developments and debates in China; constitutions and constitutional issue in the former South Vietnam; the links and tensions between state and party constitutions; and concluding analysis of 60 years of the development of Vietnam's Constitution and constitutionalism.
Download or read book Comparative Analysis of Interim Measures Interim Remedies England Wales v Preservation Measures China written by Vivek Jain and published by Taylor & Francis. This book was released on 2022-05-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.
Download or read book Workplace Justice written by Tu Phuong Nguyen and published by Springer. This book was released on 2018-12-11 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an understanding of workplace justice and labour rights in Vietnam from factory workers’ voices and their resistance against abuse and exploitation. Through interviews with workers and a close analysis of their letters and petitions to the unions and state authorities, Nguyen illuminates how workers’ resistance is enabled and stifled by the legal and political systems that are supposed to protect their rights and benefits. Their calls for justice reflect socialist ideology and widely held norms within society, as well as ideals and values embedded in labour law. The book demonstrates how state law brings about social change through shaping workers’ expectations and increasing consciousness of rights and justice. This book will be of interest to scholars of law, politics and society, and scholars, students and practitioners interested in labour rights in developing countries.
Download or read book Asian Socialism Legal Change written by John Gillespie and published by ANU E Press. This book was released on 2005-08-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
