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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: Andrew Harding Publisher: Routledge ISBN: 113518271X Category : Law Languages : en Pages : 589
Book Description
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.
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: 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: Andrew Harding Publisher: Bloomsbury Publishing ISBN: 1847316522 Category : Law Languages : en Pages : 311
Book Description
This book assesses the attempt to establish a modern system of democratic government in Thailand against the background of Thai politics and culture. The fact that since 1932, when it became a constitutional monarchy, Thailand has had 18 constitutions speaks of an unstable political system which has seen rapid and repeated fluctuations between military rule and elected government. The main focus of this study is a critical discussion of the institutional frameworks which have been established under recent constitutions. Individual chapters deal with: Thai history and context, including the role of the monarchy and the military, and of constitutional drafting processes; parliament and elections; the executive branch of government, including the role of ministers, the civil service, of a contracting state and of anti-corruption initiatives; the structure and challenges of local government, including discussion of the southern insurgency; the Constitutional Court and constitutional enforcement; the constitutional role of administrative law and of the administrative courts; the constitutional protection of human rights, with freedom of speech as a particular case study.
Author: Seokwoo Lee Publisher: BRILL ISBN: 9004415823 Category : Law Languages : en Pages : 343
Book Description
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 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Author: V. Selvie Sinaga
Author: V. Selvie Sinaga
Author: Kevin Tan
Author: Yumiko Nakanishi
Author: H. P. Lee
Author: Andrew Harding
Author: Imelda Deinla
Author: Diane A Desierto
Author: Janos Jany
Author: Andrew Harding
Author: Seokwoo Lee