Singapore Journal of International & Comparative Law PDF Download

Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 720

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Author: Hugo Caminos
Publisher: Cambridge University Press
ISBN: 1316060608
Category : Law
Languages : en
Pages : 531

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The right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.

Author: Richard Albert
Publisher: Oxford University Press
ISBN: 0190640499
Category : Law
Languages : en
Pages : 353

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Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

Author: Simon Chesterman
Publisher:
ISBN: 0198793855
Category : Law
Languages : en
Pages : 904

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This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived

Author: Phil C.W. Chan
Publisher: Routledge
ISBN: 1317997107
Category : Law
Languages : en
Pages : 552

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The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person’s sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries. In tribute to the courage of those who participated in the Stonewall Riot, this book examines the progress and stalemate in various countries on five continents, as well as in the development of international law, concerning the rights of persons belonging to sexual minorities. This book covers issues including homophobic bullying and gay–straight alliances in schools; the merits and problems that legislation prohibiting hate speech on grounds of sexual orientation presents; criminal justice systems in relation to male rape victims and to criminalisation of HIV exposure and transmission; the development of sexual minority rights, from historical and socio-legal perspectives, in Hong Kong, Japan, Singapore, and Zimbabwe; the lives of transgender persons in Asian countries; the evolution, operation and impact of international and domestic refugee laws on sexual orientation and gender identity as grounds for refugee status and asylum; and the conflicts between law, religion and sexual minority equality rights that inhere in the same-sex marriage debate in Ireland. This book was previously published as a special double issue of The International Journal of Human Rights.

Author: Jean E. Kalicki
Publisher: Hotei Publishing
ISBN: 9004291105
Category : Law
Languages : en
Pages : 1043

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In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Author: Jaclyn L. Neo
Publisher: Cambridge University Press
ISBN: 1108416179
Category : Law
Languages : en
Pages : 343

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Examines how law regulates religion and explores the influence of world religions on the legal systems in Asia, including how religion responds to such regulations. It looks at underlying norms influencing state regulation of religion, and the challenges emerging from such regulation.

Author: E. Ann Black
Publisher: Cambridge University Press
ISBN: 1139495836
Category : Law
Languages : en
Pages : 429

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The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Lawyers, whether in Australia, America or Europe, or working within an Asian jurisdiction, require a sound knowledge of how the law operates across this fast-growing and diverse region. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

Author: Andrew J. Harding
Publisher: BRILL
ISBN: 9004349693
Category : Business & Economics
Languages : en
Pages : 374

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Book Description
Legal education systems, like legal systems themselves, were framed across Asia without exception according to foreign models. These reflect the vestiges of colonialism, and can be said to amount to imitating the style and purposes of legal education typical in Western and relatively "pure" common law and civilian systems. Today, however, we see Asian legal education coming into its own and beginning to accept responsibility for designing curricula and approaches that fit the region’s particular needs. This book explores how conventional "transplanted" approaches as regards program design as well as modes of teaching are, or are on the cusp of being, reimagined and discerns emerging home-grown traces of innovation replacing imitation in countries and universities across East Asia.

Author: William J. Drake
Publisher: MIT Press
ISBN: 0262042517
Category : Political Science
Languages : en
Pages : 681

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In this volume, experts analyze the global governance of electronic networks, emphasizing international power dynamics and the concerns of nondominant actors. Each chapter concludes with a set of policy recommendations for the promotion of an open, dynamic and more equitable networld order.