Civil Law Reforms In Post Colonial Asia

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Civil Law Reforms in Post-Colonial Asia

Author : Yuka Kaneko
Publisher : Springer
ISBN 13 : 9811362033
Total Pages : 180 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Civil Law Reforms in Post-Colonial Asia by : Yuka Kaneko

Download or read book Civil Law Reforms in Post-Colonial Asia written by Yuka Kaneko and published by Springer. This book was released on 2019-03-13 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the “legal system development support” that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan’s support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.

Law, Capitalism and Power in Asia

Author : Kanishka Jayasuriya
Publisher : Psychology Press
ISBN 13 : 9780415197434
Total Pages : 364 pages
Book Rating : 4.1/5 (974 download)

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Book Synopsis Law, Capitalism and Power in Asia by : Kanishka Jayasuriya

Download or read book Law, Capitalism and Power in Asia written by Kanishka Jayasuriya and published by Psychology Press. This book was released on 1999 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study argues that the liberal notion of the rule of law regulating the exercise of power is unlikely to come about in much of southeastern Asia. The book asserts that it is more likely to promote political elites.

Domestic Law Reforms in Post-Mao China

Author : Pitman B. Potter
Publisher : East Gate Book
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Domestic Law Reforms in Post-Mao China by : Pitman B. Potter

Download or read book Domestic Law Reforms in Post-Mao China written by Pitman B. Potter and published by East Gate Book. This book was released on 1994 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Translated by William C. Jones

Insolvency Law Reforms in Asian Developing Countries

Author : Yuka Kaneko
Publisher : Springer
ISBN 13 : 9789811683015
Total Pages : 80 pages
Book Rating : 4.6/5 (83 download)

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Book Synopsis Insolvency Law Reforms in Asian Developing Countries by : Yuka Kaneko

Download or read book Insolvency Law Reforms in Asian Developing Countries written by Yuka Kaneko and published by Springer. This book was released on 2022-01-17 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.

Economic Law Reforms in the ASEAN Emerging Economies

Author : Terukazu Suruga
Publisher : Springer Nature
ISBN 13 : 9819915562
Total Pages : 229 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Economic Law Reforms in the ASEAN Emerging Economies by : Terukazu Suruga

Download or read book Economic Law Reforms in the ASEAN Emerging Economies written by Terukazu Suruga and published by Springer Nature. This book was released on 2023-05-30 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as “sticks”) and investment incentives (as “carrots”). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor–State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.

Land Law and Disputes in Asia

Author : Yuka Kaneko
Publisher : Routledge
ISBN 13 : 1000435733
Total Pages : 299 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Land Law and Disputes in Asia by : Yuka Kaneko

Download or read book Land Law and Disputes in Asia written by Yuka Kaneko and published by Routledge. This book was released on 2021-09-16 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through an in-depth legal analysis by leading scholars, this book searches for the exact legal causes of land-related disputes in Asia within the histories, legal systems and social realities of the respective countries. It consists of four main parts: examining the relationship between law and development; land-taking in developmental stages; common ownership; and proposals for new approaches to land law and dispute resolution. With a combination of orthodox legal interpretations and the empirical approach of legal sociology, the contributors undertake an extensive comparative legal analysis across common and civil law traditions. Most importantly, they propose pathways forward for legal transformations in the pursuit of sustainable development in Asia. This book is vital contribution to the study of comparative law, and especially property law, in East and Southeast Asia.

Scholarship, Practice and Education in Comparative Law

Author : John H. Farrar
Publisher : Springer Nature
ISBN 13 : 9811392463
Total Pages : 223 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Scholarship, Practice and Education in Comparative Law by : John H. Farrar

Download or read book Scholarship, Practice and Education in Comparative Law written by John H. Farrar and published by Springer Nature. This book was released on 2019-10-03 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.

Insolvency Law Reforms in Asian Developing Countries

Author : Yuka Kaneko
Publisher : Springer Nature
ISBN 13 : 9811683026
Total Pages : 84 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Insolvency Law Reforms in Asian Developing Countries by : Yuka Kaneko

Download or read book Insolvency Law Reforms in Asian Developing Countries written by Yuka Kaneko and published by Springer Nature. This book was released on 2022-01-16 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.

Vietnam Over the Long Twentieth Century

Author : Liam C. Kelley
Publisher : Springer Nature
ISBN 13 : 9819736110
Total Pages : 210 pages
Book Rating : 4.8/5 (197 download)

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Book Synopsis Vietnam Over the Long Twentieth Century by : Liam C. Kelley

Download or read book Vietnam Over the Long Twentieth Century written by Liam C. Kelley and published by Springer Nature. This book was released on with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Treatment of Foreign Law in Asia

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956573
Total Pages : 381 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Treatment of Foreign Law in Asia by : Kazuaki Nishioka

Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.

Choice of Law and Recognition in Asian Family Law

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956352
Total Pages : 603 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Choice of Law and Recognition in Asian Family Law by : Anselmo Reyes

Download or read book Choice of Law and Recognition in Asian Family Law written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.

Handbook of Research on Disruptive Innovation and Digital Transformation in Asia

Author : Ordóñez de Pablos, Patricia
Publisher : IGI Global
ISBN 13 : 1799864782
Total Pages : 661 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Handbook of Research on Disruptive Innovation and Digital Transformation in Asia by : Ordóñez de Pablos, Patricia

Download or read book Handbook of Research on Disruptive Innovation and Digital Transformation in Asia written by Ordóñez de Pablos, Patricia and published by IGI Global. This book was released on 2021-05-28 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: With new technologies constantly being created, implemented, and sold, it is a robust opportunity for companies to hop on board with the latest digital trends. With the business world undergoing rapid changes and advancements in current times, the transformation process has been rapid and the disruptions significant. This has created a culture of innovation and a plethora of available business opportunities, especially when focused on Central Asia, Southeast Asia, and East Asia. Along with these innovative technologies and new opportunities in the business world comes challenges and trends within the Asian region that require more attention and advanced research to fully understand this digital transformation era and the resulting impacts, challenges, and solutions. The Handbook of Research on Disruptive Innovation and Digital Transformation in Asia addresses key topics for understanding business opportunities in Asia, covering a variety of challenges and nations in the Asian region from technological disruption and innovation to connectivity and economic corridors in Asia, Islamic finance and tourism, and more. Due to its innovative topics and approaches, geographical focus, and methodologies, the chapters provide readers with a unique value in bringing new perspectives to understanding emerging businesses and challenges in Asia. This book is ideal for professors in academia, deans, students, politicians, policymakers, corporate heads of firms, senior general managers, managing directors, information technology directors and managers, and researchers.

Legal Reform in the Contemporary Socialist World

Author : Ngoc Son Bui
Publisher : Oxford University Press
ISBN 13 : 0192671588
Total Pages : 368 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Legal Reform in the Contemporary Socialist World by : Ngoc Son Bui

Download or read book Legal Reform in the Contemporary Socialist World written by Ngoc Son Bui and published by Oxford University Press. This book was released on 2024-08-27 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.

Changing Law and Contractual Relations under COVID-19

Author : Yuka Kaneko
Publisher : Springer Nature
ISBN 13 : 9811942382
Total Pages : 230 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Changing Law and Contractual Relations under COVID-19 by : Yuka Kaneko

Download or read book Changing Law and Contractual Relations under COVID-19 written by Yuka Kaneko and published by Springer Nature. This book was released on 2022-12-22 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: COVID-19 has changed not only human lives since the beginning of the year 2020, but systems of human society as well. Legal measures have been employed in every country to mandate the state’s control of human behavior in order to stop the pandemic. But the mode of legal control has differed by country, showing different results in terms of constraining the spread of infection. While the behavioral restrictions continue, the socio-economic impacts of the pandemic have been causing another catastrophe, particularly in the most vulnerable sectors of each society. Small and medium-sized enterprises (SMEs) are typical representatives of such vulnerable groups, compelled to assume the economic burdens of the pandemic that have been shifted from the larger economic actors that hold the advantage in contractual negotiations. Statistical data on infection status have revealed a great gap between countries, such as European nations reaching the level of several thousand deaths per one hundred thousand population, while most Asian countries have maintained a level of one or two digits. Even though COVID-19 affects the whole world, the redistribution of risks in the pandemic is a goal to be pursued in the socio-cultural context of each society. This book explores the law and social changes in Asian countries under the impact of COVID-19, with a particular focus on the social relations surrounding the SMEs. These form the center of contractual relations between various socio-economic actors and at the same time, are a direct counterpart of the governmental SME policies, peculiar to Asian interventionist governments. A comparative approach is taken, using the results of interview surveys based on structured questions conducted via research collaboration between the contributors from Japan as well as other Asian countries. A comparative analysis of the risk redistribution in the pandemic between countries that share similar preconditions is still possible and meaningful. The authors of this book hold the view that Asian countries have sufficient bases for international comparison, particularly on the risk reallocation in the SME sector, given the relatively well-controlled level of infection, presumably due to the similarity of cooperative social culture. Another basis for comparison is the similarity of the laws surrounding the business operation of SMEs since normal times, which makes it feasible to compare the difference in the pandemic. What risks should be reallocated between whom, and how?

Direct Jurisdiction

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936440
Total Pages : 441 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Direct Jurisdiction by : Anselmo Reyes

Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.

Recovery of Disaster Victims

Author : Yuka Kaneko
Publisher : Springer Nature
ISBN 13 : 9819929571
Total Pages : 245 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Recovery of Disaster Victims by : Yuka Kaneko

Download or read book Recovery of Disaster Victims written by Yuka Kaneko and published by Springer Nature. This book was released on 2023-10-23 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of a joint survey conducted as of the tenth anniversary of the 2011 East Japan Earthquake, by an international research collaboration consisting of researchers representing the major universities affected by recent mega-disasters in Asia, namely, the research group at Kobe University, Japan which has folllowed up ten year recovery process from the 2011 tsunami disaster in East Japan, the research group at the Graduate Program in Disaster Science, Syiah Kuala University in Aceh, Indonesia on the long-term recovery of 17 years after the 2004 Indian Ocean Tsunami, the research group at the Institute for Disaster Management and Reconstruction of Sichuan University, China focusing on the recovery status of 13 years after the 2008 Sichuan (Wenchuan) Earthquake; and the research group at the National College of Public Administration and Governance of University of the Philippines, on the rcovery from the 2013 Typhoon Yolanda that hit the Philippines. The purpose of the survey was to evaluate the status of human life recovery of disaster-affected populations and communities in Asia in the long term, for the ultimate purpose of reviewing and comparing the outcomes of different prioritizations among the plural goals of disaster recovery. Through such a review, the authors intend to induce policy implications to guide a better recovery process with lesser impact on the human life recovery in the future disasters that we humans are destined to meet. The target areas are 16 districts in Iwate and Miyagi prefectures in Japan, all typical areas seriously affected by the 2011 tsunami and subsequently came under the governmental construction works for the safety, as well as three villages in Banda Aceh and its outskirts in Aceh Special Province, Indonesia,; two districts in Mianyang city in Sichuan, China which were targetted by intensive reconstructon works conducted by the coupling assistance; and two village communities in Tacloban, the capital city of Leyte island hit by the 2013 Typhoon Yolanda. To realize the concurrent attainment of both safety and livelihood in the recovery planning, this joint survey has identified common issues for a successful cooperation between the local government and communities through the inclusive participation of various institutions representing the variety of interests in each community.

Decolonizing Law

Author : Sujith Xavier
Publisher : Routledge
ISBN 13 : 100039655X
Total Pages : 271 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Decolonizing Law by : Sujith Xavier

Download or read book Decolonizing Law written by Sujith Xavier and published by Routledge. This book was released on 2021-05-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.