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Author: Brian Christopher Jones Publisher: Bloomsbury Publishing ISBN: 1509933980 Category : Law Languages : en Pages : 320
Book Description
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Author: Brian Christopher Jones Publisher: Bloomsbury Publishing ISBN: 1509933980 Category : Law Languages : en Pages : 320
Book Description
This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.
Author: Randall Peerenboom Publisher: Cambridge University Press ISBN: 9780521016742 Category : History Languages : en Pages : 700
Book Description
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
Author: Brian Jones Publisher: Routledge ISBN: 1317157141 Category : Law Languages : en Pages : 309
Book Description
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
Author: Mark L. Clifford Publisher: St. Martin's Press ISBN: 1250279186 Category : Political Science Languages : en Pages : 237
Book Description
A gripping history of China's deteriorating relationship with Hong Kong, and its implications for the rest of the world. For 150 years as a British colony, Hong Kong was a beacon of prosperity where people, money, and technology flowed freely, and residents enjoyed many civil liberties. In preparation for handing the territory over to China in 1997, Deng Xiaoping promised that it would remain highly autonomous for fifty years. An international treaty established a Special Administrative Region (SAR) with a far freer political system than that of Communist China—one with its own currency and government administration, a common-law legal system, and freedoms of press, speech, and religion. But as the halfway mark of the SAR’s lifespan approaches in 2022, it is clear that China has not kept its word. Universal suffrage and free elections have not been instituted, harassment and brutality have become normalized, and activists are being jailed en masse. To make matters worse, a national security law that further crimps Hong Kong’s freedoms has recently been decreed in Beijing. This tragic backslide has dire worldwide implications—as China continues to expand its global influence, Hong Kong serves as a chilling preview of how dissenters could be treated in regions that fall under the emerging superpower’s control. Today Hong Kong, Tomorrow the World tells the complete story of how a city once famed for protests so peaceful that toddlers joined grandparents in millions-strong rallies became a place where police have fired more than 10,000 rounds of tear gas, rubber bullets and even live ammunition at their neighbors, while pro-government hooligans attack demonstrators in the streets. A Hong Kong resident from 1992 to 2021, author Mark L. Clifford has witnessed this transformation firsthand. As a celebrated publisher and journalist, he has unrivaled access to the full range of the city’s society, from student protestors and political prisoners to aristocrats and senior government officials. A powerful and dramatic mix of history and on-the-ground reporting, this book is the definitive account of one of the most important geopolitical standoffs of our time.
Author: Weitseng Chen Publisher: Cambridge University Press ISBN: 1108750710 Category : Law Languages : en Pages : 409
Book Description
A cluster of Asian states are well-known for their authoritarian legality while having been able to achieve remarkable economic growth. Why would an authoritarian regime seek or tolerate a significant degree of legality and how has such type of legality been made possible in Asia? Would a transition towards a liberal, democratic system eventually take place and, if so, what kind of post-transition struggles are likely to be experienced? This book compares the past and current experiences of China, Hong Kong, South Korea, Japan, Taiwan, Singapore, and Vietnam and offers a comparative framework for readers to conduct a theoretical dialogue with the orthodox conception of liberal democracy and the rule of law.
Author: Kate Xiao Zhou Publisher: Routledge ISBN: 1134512074 Category : Political Science Languages : en Pages : 278
Book Description
Rapid economic pluralization in East Asia has empowered local and medial groups, and with this change comes the need to rethink usual notions regarding ways in which "democracies" emerge or "citizens" gain more power. Careful examination of current developments in China, Korea, and Southeast Asia show a need for expansion of our understandings of democracy and democratization. This book challenges traditional ways in which political regimes in local as well as national polities are conceived and labeled. It shows from Asian experiences that democracy and its precursors come in more forms than most liberals have yet imagined. In reviewing recent experiences of countries across East Asia, these chapters show that actual democracies and ostensible democratizations there are less like those in the West than the surprisingly consensual and standard political science of democratization suggests. This book first examines the extreme variation of democracy’s meaning in many Asian states that hold contested elections (South Korea, Taiwan, Indonesia, Malaysia, the Philippines, and Thailand). Then it focuses on China. It analyzes a range of grassroots forces driving political change in the People’s Republic, and it finds both accelerators and brakes in China’s political reform process. The contributors show that models for China’s political future exist both within and outside the PRC, including in other East Asian states, in localities and sectors that already are pushing the limits of the powerful, but no longer all-powerful, Chinese party-state. With contributions from leading academics in the field, Democratization in China, Korea, and Southeast Asia? will be of interest to students and scholars of Asian politics, comparative politics, and democratization more broadly.
Author: Ying-jeou Ma Publisher: BRILL ISBN: 9004306501 Category : Law Languages : en Pages : 422
Book Description
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
Author: Joseph W. Dellapenna Publisher: American Bar Association ISBN: Category : History Languages : en Pages : 312
Book Description
The report of the International Legal Exchange (ILEX) delegation to Beijing and Hong Kong in May 1998. The purpose of the delegation was to observe developments in the laws and legal institutions of China that are rapidly altering China's legal and economic landscape and to review the legal situation in Hong Kong since its reversion to Chinese sovereignty in July 1997.
Author: Brian Christopher Jones
Author: Brian Christopher Jones
Author: Randall Peerenboom
Author: Brian Jones
Author: Warren I. Cohen
Author: Ho-fung Hung
Author: Mark L. Clifford
Author: Weitseng Chen
Author: Kate Xiao Zhou
Author: Ying-jeou Ma
Author: Joseph W. Dellapenna