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Public Law in East Asia

Author: Hongyi Chen

Publisher: Ashgate Publishing Company

ISBN:

Category: History

Page: 575

View: 593

This collection of the leading English-language articles on constitutional and administrative law in the Asian region shows how, in the context of distinct legal and political traditions and dynamic economic growth, the role of public law has not been well understood. The articles cover a wide range of jurisdictions in a single volume, and provide insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures.

Changing Tax Law in East and Southeast Asia Towards the 21st Century

Author: Yong Zhang

Publisher: Public Law in East and Southea

ISBN:

Category: Law

Page: 295

View: 918

Papers originally prepared for the symposium Tax law in East and Southeast Asia towards the 21st century, held at Leyden University on 4 and 5 July, 1996.

Constitutional Courts in Asia

A Comparative Perspective

Author: Albert H. Y. Chen

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 406

View: 485

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Global Constitutionalism from European and East Asian Perspectives

Author: Takao Suami

Publisher: Cambridge University Press

ISBN:

Category: History

Page: 506

View: 198

Examines and compares East Asian and European perspectives of Global Constitutionalism.

The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems”

Author: Albert H.Y. Chen

Publisher: City University of HK Press

ISBN:

Category: Law

Page: 440

View: 153

This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.

Comparative Studies on Governmental Liability in East and Southeast Asia

Author: Yong Zhang

Publisher: Martinus Nijhoff Publishers

ISBN:

Category: Law

Page: 251

View: 412

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.

Public Law in East Asia

Author: AlbertH.Y. Chen

Publisher: Routledge

ISBN:

Category: Law

Page: 624

View: 932

Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.

The Constitutional Systems of East Asia

Author: Mauro Mazza

Publisher:

ISBN:

Category: Civil rights

Page: 398

View: 993

This volume, which is part of the Comparative Public Law Treaties directed by prof. Giuseppe Franco Ferrari, offers the result of a reflection on the characteristics of the constitutional laws of East Asia. In the course of the work, in addition to a deepening of understanding of the legal models considered, investigations were carried out for internal comparison between the Eastern Asian legal systems, as well as for comparison with public legal systems belonging to other, mainly Western, legal traditions. The sectors of the jurisdictions that have been examined concern (a) the constitutional system, with a separate analysis of the legislative, executive and judicial bodies including constitutional justice (in the national experiences that contemplate it), (b) the forms of political-administrative decentralization, and (c) the catalogue of fundamental rights. In accordance with the prevalent trends in international literature on comparative legal methodology (as far as we are concerned, in the area of constitutional law), both diachronic and synchronic profiles of the national legal systems have been examined.

Insolvency Law in East Asia

Author: Roman Tomasic

Publisher: Routledge

ISBN:

Category: Law

Page: 573

View: 337

Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.

Commercial Laws of East Asia

Author: Alan S. Gutterman

Publisher: Sweet & Maxwell

ISBN:

Category: Business enterprises, Foreign

Page: 656

View: 303

The book provides a comparative review of the legal and regulatory framework of commercial activity in East Asia. It includes competition law, commercial law, capital markets and securities law, banking and lending law, health and safety law, employment and labour law, tax laws, contract law, companies law, arbitration and ADR, consumer protection law, environmental law, foreign investment law, and intellectual property law.

Comparative Studies on the Judicial Review System in East and Southeast Asia

Author: International Institute for Asian Studies

Publisher: Springer

ISBN:

Category: History

Page: 321

View: 851

Papers mainly prepared for a conference on "Comparative studies on judicial review in East and Southeast Asia", held in Leiden, the Netherlands, on 31 August and 1 September 1995. Focus on the theoretical and practical problems associated with the judicial review of administrative actions.

Changing Tax Law in East and Southeast Asia Towards the 21st Century

Author: Yong Zhang

Publisher: Martinus Nijhoff

ISBN:

Category: Law

Page: 295

View: 108

Papers originally prepared for the symposium Tax law in East and Southeast Asia towards the 21st century, held at Leyden University on 4 and 5 July, 1996.

Hamline Journal of Public Law and Policy

Author:

Publisher:

ISBN:

Category: Law

Page:

View: 303

Public Law, Private Practice

Politics, Profit, and the Legal Profession in Nineteenth-century Japan

Author: Darryl E. Flaherty

Publisher: Harvard Univ Council on East Asian

ISBN:

Category: History

Page: 322

View: 160

Practitioners of private law opened the way toward Japan's legal modernity in ways the samurai and the state could not. Tracing law regimes from Edo to Meiji, Flaherty shows how the legal profession emerged as a force for change in modern Japan, founding private universities and political parties, and contributing to twentieth-century legal reform.

Resolving Land Disputes in East Asia

Exploring the Limits of Law

Author: Hualing Fu

Publisher: Cambridge University Press

ISBN:

Category: Law

Page: 447

View: 398

Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.

Food for Freedom ... Annual Report on Public Law 480

Author:

Publisher:

ISBN:

Category: Economic assistance, American

Page:

View: 842

Commercial Law in East Asia

Author: Roman Tomasic

Publisher: Routledge

ISBN:

Category: Law

Page: 562

View: 200

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.

Confucian Constitutionalism in East Asia

Author: Bui Ngoc Son

Publisher: Routledge

ISBN:

Category: Law

Page: 226

View: 379

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

The Food Aid Program, ... Annual Report on Public Law 480

Author:

Publisher:

ISBN:

Category: Economic assistance, American

Page:

View: 926

Islamic Law in South-East Asia

Author: M. B. Hooker

Publisher: Oxford University Press, USA

ISBN:

Category: Travel

Page: 330

View: 960