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 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 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 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 New Asian Regionalism in International Economic Law written by Pasha L. Hsieh and published by Cambridge University Press. This book was released on 2021-12-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.
Download or read book Comparative Law written by Mathias Siems and published by Law in Context. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Download or read book The Changing Legal Orders in Hong Kong and Mainland China Essays on One Country Two Systems written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Download or read book Administrative Law and Governance in Asia written by Tom Ginsburg and published by Routledge. This book was released on 2008-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.
Download or read book Asian Data Privacy Laws written by Graham Greenleaf and published by OUP Oxford. This book was released on 2014-10-16 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.
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 Chinese Contemporary Perspectives on International Law written by Xue Hanqin and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
Download or read book The UNCITRAL Model Law and Asian Arbitration Laws written by Gary F. Bell and published by Cambridge University Press. This book was released on 2018-10-04 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.
Download or read book Drugs Law and Legal Practice in Southeast Asia written by Tim Lindsey and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent a spectrum of approaches to drug regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states.
Download or read book Law and Legal Institutions of Asia written by E. Ann Black and published by Cambridge University Press. This book was released on 2011-03-10 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.
