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Author: V. Selvie Sinaga Publisher: Penerbit Universitas Katolik Indonesia Atma Jaya ISBN: 6237247920 Category : Law Languages : en Pages : 144
Book Description
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
Author: V. Selvie Sinaga Publisher: Penerbit Universitas Katolik Indonesia Atma Jaya ISBN: 6237247920 Category : Law Languages : en Pages : 144
Book Description
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
Author: Kevin Tan Publisher: Routledge ISBN: 0415679788 Category : Law Languages : en Pages : 186
Book Description
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.
Author: Yumiko Nakanishi Publisher: Springer ISBN: 9811061297 Category : Law Languages : en Pages : 218
Book Description
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.
Author: Tim Lindsey Publisher: Bloomsbury Publishing ISBN: 1782258329 Category : Law Languages : en Pages : 403
Book Description
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.
Author: Diane A Desierto Publisher: Routledge ISBN: 1351972952 Category : Social Science Languages : en Pages : 233
Book Description
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.
Author: Hao Duy Phan Publisher: Martinus Nijhoff Publishers ISBN: 9004222170 Category : Law Languages : en Pages : 288
Book Description
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.
Author: Janos Jany Publisher: Springer Nature ISBN: 3030437280 Category : Law Languages : en Pages : 492
Book Description
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.
Author: V. Selvie Sinaga
Author: V. Selvie Sinaga
Author: Kevin Tan
Author: Hualing Fu
Author: Yumiko Nakanishi
Author: Tim Lindsey
Author: H. P. Lee
Author: Diane A Desierto
Author: Hao Duy Phan
Author: Janos Jany
Author: Imelda Deinla