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 Routledge Handbook of Southeast Asian Development written by Andrew McGregor and published by Routledge. This book was released on 2017-11-06 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southeast Asia is one of the most diverse regions in the world – hosting a wide range of languages, ethnicities, religions, economies, ecosystems and political systems. Amidst this diversity, however, has been a common desire to develop. This provides a uniting theme across landscapes of difference. This Handbook traces the uneven experiences that have accompanied development in Southeast Asia. The region is often considered to be a development success story; however, it is increasingly recognized that growth underpinning this development has been accompanied by patterns of inequality, violence, environmental degradation and cultural loss. In 30 chapters, written by established and emerging experts of the region, the Handbook examines development encounters through four thematic sections: • Approaching Southeast Asian development, • Institutions and economies of development, • People and development and • Environment and development. The authors draw from national or sub-national case studies to consider regional scale processes of development – tracing the uneven distribution of costs, risks and benefits. Core themes include the ongoing neoliberalization of development, issues of social and environmental justice and questions of agency and empowerment. This important reference work provides rich insights into the diverse impacts of current patterns of development and in doing so raises questions and challenges for realizing more equitable alternatives. It will be of value to students and scholars of Asian Studies, Development Studies, Human Geography, Political Ecology and Asian Politics.
Download or read book Public Law in East Asia written by AlbertH.Y. Chen and published by Routledge. This book was released on 2017-07-05 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.
Download or read book Routledge Handbook of Asian Law written by Christoph Antons and published by Taylor & Francis. This book was released on 2016-11-03 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and legal institutions in East Asia's high-growth episodes -- Conclusion: East Asia, law and development, and today's developing countries -- Chapter 4: A new China model for the era post global financial crisis: Legal dimensions -- Introduction -- The East Asian model, its progeny and their problems -- The emerging post Washington, post Beijing consensus (PWBC) -- Implications of the PWBC for the China model -- The decision in light of the PWBC -- The implications of the decision for legal reforms -- Conclusion
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 178 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 International Law in East Asia written by Zou Keyuan and published by Routledge. This book was released on 2017-07-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.
Download or read book Land Law and Disputes in Asia written by Yuka Kaneko and published by Routledge. This book was released on 2021-09-16 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.
Download or read book Business and Human Rights in Southeast Asia written by Mahdev Mohan and published by Routledge. This book was released on 2014-09-25 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.
Download or read book East Asian Law written by Lucie Cheng and published by Routledge. This book was released on 2003-09-02 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.
Download or read book A Concise Legal History of South East Asia written by M. B. Hooker and published by Oxford University Press, USA. This book was released on 1978 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Intellectual Property Law in South East Asia written by Christoph Antons and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book provides a comprehensive survey of recent developments in intellectual property (IP) law within the Association of Southeast Asian Nations (ASEAN) countries, written by experienced scholars and practitioners in the field.
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 ASEAN Law and Regional Integration written by Diane A. Desierto and published by Routledge. This book was released on 2020-12 with total page 178 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 Law and Society in East Asia written by Christoph Antons and published by Routledge. This book was released on 2017-07-05 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: The massive and complex process of change in East Asia over recent decades has brought about a transformation in the nature of law and legal institutions in the region. Whilst the process of change has to some degree mimicked western models of law and legal change, there have been significant differences in approach due to the different social foundations of East Asian societies. The more obvious of these has been the variety of ways in which rule of law ideas have been adopted in many East Asian countries where the role of the state is more dominant when compared with Western models. This volume brings together a selection of the most important writings on East Asia of researchers in recent years, and shows the broad range of questions which researchers have been addressing about the effect of law reform and legal change in societies dominated by traditional values and political forces, and at a time of massive economic change.
Download or read book The Art of Not Being Governed written by James C. Scott and published by Yale University Press. This book was released on 2009-01-01 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the acclaimed author and scholar James C. Scott, the compelling tale of Asian peoples who until recently have stemmed the vast tide of state-making to live at arm’s length from any organized state society For two thousand years the disparate groups that now reside in Zomia (a mountainous region the size of Europe that consists of portions of seven Asian countries) have fled the projects of the organized state societies that surround them—slavery, conscription, taxes, corvée labor, epidemics, and warfare. This book, essentially an “anarchist history,” is the first-ever examination of the huge literature on state-making whose author evaluates why people would deliberately and reactively remain stateless. Among the strategies employed by the people of Zomia to remain stateless are physical dispersion in rugged terrain; agricultural practices that enhance mobility; pliable ethnic identities; devotion to prophetic, millenarian leaders; and maintenance of a largely oral culture that allows them to reinvent their histories and genealogies as they move between and around states. In accessible language, James Scott, recognized worldwide as an eminent authority in Southeast Asian, peasant, and agrarian studies, tells the story of the peoples of Zomia and their unlikely odyssey in search of self-determination. He redefines our views on Asian politics, history, demographics, and even our fundamental ideas about what constitutes civilization, and challenges us with a radically different approach to history that presents events from the perspective of stateless peoples and redefines state-making as a form of “internal colonialism.” This new perspective requires a radical reevaluation of the civilizational narratives of the lowland states. Scott’s work on Zomia represents a new way to think of area studies that will be applicable to other runaway, fugitive, and marooned communities, be they Gypsies, Cossacks, tribes fleeing slave raiders, Marsh Arabs, or San-Bushmen.
Download or read book Regional Economic Integration and Dispute Settlement in East Asia written by Anna G Tevini and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.
