Download or read book Contemporary legal issues in the southeast asian region written by V. Selvie Sinaga and published by Penerbit Universitas Katolik Indonesia Atma Jaya. This book was released on 2022-11-17 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southeast Asia is sub-region of Asia that consists of 11 countries that spread out from the eastern China to India and are so rich in religion, culture, and history diversities. Ten of the 11 countries are members of the Association of Southeast Asian Nations (ASEAN). In terms of economy, most of them are within the World Bank classification of lower-middle income economies. Although classified as the lower-middle income economies, Southeast Asian countries have been praised as having buoyant economies, healthy investment, and growing trade ties. These economic potentials are in conjunction with the dynamic political sphere in the Southeast Asian countries. Recent increasing confrontation between China and the U.S. have also created the geopolitical uncertainty which threatens the economic growth in the region. All these economic and political events in the region are closely related to international law since they are dealt with legal entities beyond their own jurisdiction. This book would discuss various contemporary issues of international law that occurred in or related to countries located in the Southeast Asian region. There are 9 articles in this book. The articles would exhibit the relationship of international law and national law

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 401 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.

Download or read book Comparative Studies on the Judicial Review System in East and Southeast Asia written by Yong Zhang and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.

Download or read book Major Law and Policy Issues in the South China Sea written by Yann-huei Song and published by Routledge. This book was released on 2016-05-13 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major law and policy issues in the South China Sea are discussed mainly from the perspectives of leading American and European scholars in the study of the complex South China Sea disputes. The issues include regional maritime cooperation and regime building, Southeast Asian countries’ responses to the Chinese assertiveness, China’s historic claims, maritime boundary delimitation and excessive maritime claims, military activities and the law of the sea, freedom of navigation and its impact on the problem, the dispute between Vietnam and China, confidence-building measures and U.S.-Taiwan-China relations in the South China Sea, and Taiwan’s role in the resolution to the South China Sea issues. Over the past three years, there have been several incidents in the South China Sea between the claimants, and also between the claimants and non-claimants over fisheries, collection of seismic data, exploration for oil and gas resources, and exercise of freedom of navigation. Third party concerns and involvement in the South China Sea disputes have been increasing as manifested in actions taken by the United States, India, and Japan. It is therefore important to examine South China Sea disputes from the legal and political perspective and from the view point of American and European experts who have been studying South China Sea issues for many years.

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by . This book was released on 2012 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains li.

Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer. This book was released on 2021-04-09 with total page 496 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.

Download or read book Asian Yearbook of International Law Volume 23 2017 written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Download or read book The Oxford Handbook of International Law in Asia and the Pacific written by Simon Chesterman and published by Oxford Handbooks. This book was released on 2019-04-28 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Kevin Tan and published by Routledge. This book was released on 2013 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

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 ASEAN Law and Regional Integration written by Diane A Desierto and published by Routledge. This book was released on 2020-12-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

Download or read book Contemporary Issues in Human Rights Law written by Yumiko Nakanishi and published by Springer. This book was released on 2017-10-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

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 Divers Paths to Justice written by Marcus Colchester and published by Forest Peoples Programme. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Download or read book The Development of the Rule of Law in ASEAN written by Imelda Deinla and published by Cambridge University Press. This book was released on 2017-06-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.