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Author: Gary Low Publisher: Cambridge University Press ISBN: 1108679269 Category : Law Languages : en Pages : 589
Book Description
There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Author: Gary Low Publisher: Cambridge University Press ISBN: 1108679269 Category : Law Languages : en Pages : 589
Book Description
There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Author: Po Jen Yap Publisher: Cambridge University Press ISBN: 1108831176 Category : Law Languages : en Pages : 213
Book Description
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
Author: Gerry Ferguson Publisher: UBC Press ISBN: 0774844140 Category : Law Languages : en Pages : 622
Book Description
This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.
Author: Mindy Chen-Wishart Publisher: Oxford University Press ISBN: 0198757220 Category : Law Languages : en Pages : 531
Book Description
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Author: Sirko Harder Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The growth in cross-border trade and movement of people over the past decades has led to an increasing judicial, legislative and scholarly development of private international law, creating harmonised rules in some areas and new approaches in others. Many of these developments are reflected in Convergence and Divergence in Private International Law, which is a liber amicorum for Professor Kurt Siehr on the occasion of his 75th birthday. The book is an impressive collection of knowledge and ideas, containing 45 contributions by 50 scholars from around the world on various aspects of private international law as well as the harmonisation or reform of substantive private law. This article aims to demonstrate the diversity and richness of the contributions by looking at selected issues discussed in the book which have direct relevance to its title.
Author: Locknie Hsu Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views. The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal obligations vis-à-vis public health, regulatory objectives and implications for stakeholder interests. This intersection and resulting tension have led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The law evolving around these issues is demonstrating a deep divergence, in the manner that related disputes are being handled, and in terms of regulatory as well as negotiating stances. As an example, the debate on access to medicines demonstrates a divergence of approaches and proposed global solutions, as numerous proposals for reform of the existing construct (comprising patents and their “progeny” in the form of related commercial rights) are canvassed. Meanwhile, some countries such as India have begun to move ahead to embrace solutions such as compulsory licensing. This paper examines the reasons for legal and policy divergences in public health issues in the context of treaty obligations, with examples from Asia, and attempts a prognosis on convergence in regulation. It is suggested that a convergence of purpose(s) is needed, for a convergence of solutions to be found. Until then, the current divergences will continue to feed regulatory tension.
Author: Gary Low
Author: Gary Low
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Author: Po Jen Yap
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Author: Gerry Ferguson
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Author: Mindy Chen-Wishart
Author: Sirko Harder
Author: Locknie Hsu