Contemporary legal issues in the southeast asian region

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Author :
Publisher : Penerbit Universitas Katolik Indonesia Atma Jaya
ISBN 13 : 6237247920
Total Pages : 144 pages
Book Rating : 4.2/5 (372 download)

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Book Synopsis Contemporary legal issues in the southeast asian region by : V. Selvie Sinaga

Download or read book Contemporary legal issues in the southeast asian region written by V. Selvie Sinaga and published by Penerbit Universitas Katolik Indonesia Atma Jaya. This book was released on 2022-11-17 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Southeast Asia is sub-region of Asia that consists of 11 countries that spread out from the eastern China to India and are so rich in religion, culture, and history diversities. Ten of the 11 countries are members of the Association of Southeast Asian Nations (ASEAN). In terms of economy, most of them are within the World Bank classification of lower-middle income economies. Although classified as the lower-middle income economies, Southeast Asian countries have been praised as having buoyant economies, healthy investment, and growing trade ties. These economic potentials are in conjunction with the dynamic political sphere in the Southeast Asian countries. Recent increasing confrontation between China and the U.S. have also created the geopolitical uncertainty which threatens the economic growth in the region. All these economic and political events in the region are closely related to international law since they are dealt with legal entities beyond their own jurisdiction. This book would discuss various contemporary issues of international law that occurred in or related to countries located in the Southeast Asian region. There are 9 articles in this book. The articles would exhibit the relationship of international law and national law

Asian Approaches to International Law and the Legacy of Colonialism

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Publisher : Routledge
ISBN 13 : 0415679788
Total Pages : 186 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis Asian Approaches to International Law and the Legacy of Colonialism by : Kevin Tan

Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Kevin Tan and published by Routledge. This book was released on 2013 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

Legal Traditions in Asia

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Author :
Publisher : Springer Nature
ISBN 13 : 3030437280
Total Pages : 492 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Legal Traditions in Asia by : Janos Jany

Download or read book Legal Traditions in Asia written by Janos Jany and published by Springer Nature. This book was released on 2020-04-08 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.

Socialist Law in Socialist East Asia

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Publisher : Cambridge University Press
ISBN 13 : 1108424813
Total Pages : 463 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Socialist Law in Socialist East Asia by : Hualing Fu

Download or read book Socialist Law in Socialist East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2018-07-05 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004222170
Total Pages : 288 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia by : Hao Duy Phan

Download or read book A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia written by Hao Duy Phan and published by Martinus Nijhoff Publishers. This book was released on 2012-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

ASEAN Law and Regional Integration

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Author :
Publisher : Routledge
ISBN 13 : 1351972952
Total Pages : 233 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis ASEAN Law and Regional Integration by : Diane A Desierto

Download or read book ASEAN Law and Regional Integration written by Diane A Desierto and published by Routledge. This book was released on 2020-12-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

Asia-Pacific Judiciaries

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Publisher : Cambridge University Press
ISBN 13 : 1107137721
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee

Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Drugs Law and Legal Practice in Southeast Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258329
Total Pages : 403 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Drugs Law and Legal Practice in Southeast Asia by : Tim Lindsey

Download or read book Drugs Law and Legal Practice in Southeast Asia written by Tim Lindsey and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drugs Law and Legal Practice in Southeast Asia investigates criminal law and practice relevant to drugs regulation in three Southeast Asian jurisdictions: Indonesia, Singapore and Vietnam. These jurisdictions represent a spectrum of approaches to drug regulation in Southeast Asia, highlighting differences in practice between civil and common law countries, and between liberal and authoritarian states. This book offers the first major English language empirical investigation and comparative analysis of regulation, jurisprudence, court procedure, and practices relating to drugs law enforcement in these three states.

New Courts in Asia

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Publisher : Routledge
ISBN 13 : 113518271X
Total Pages : 589 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis New Courts in Asia by : Andrew Harding

Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

The Development of the Rule of Law in ASEAN

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Publisher : Cambridge University Press
ISBN 13 : 1107193605
Total Pages : 263 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Development of the Rule of Law in ASEAN by : Imelda Deinla

Download or read book The Development of the Rule of Law in ASEAN written by Imelda Deinla and published by Cambridge University Press. This book was released on 2017-06-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.

Asian Yearbook of International Law, Volume 23 (2017)

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Publisher : BRILL
ISBN 13 : 9004415823
Total Pages : 343 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

Contemporary Issues in Human Rights Law

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Publisher : Springer
ISBN 13 : 9811061297
Total Pages : 218 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Contemporary Issues in Human Rights Law by : Yumiko Nakanishi

Download or read book Contemporary Issues in Human Rights Law written by Yumiko Nakanishi and published by Springer. This book was released on 2017-10-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY-NC-ND 4.0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women’s rights, the right to freedom of speech in Japan, and China’s Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.

China and Southeast Asia

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Publisher : Institute of Southeast Asian Studies
ISBN 13 : 9789812302984
Total Pages : 360 pages
Book Rating : 4.3/5 (29 download)

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Book Synopsis China and Southeast Asia by : Ho Khai Leong

Download or read book China and Southeast Asia written by Ho Khai Leong and published by Institute of Southeast Asian Studies. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relations between ASEAN and China occupy a unique and important position in the foreign relations of the Asia-Pacific region. This volume investigates the impacts of global changes and regional challenges confronting the contemporary developments of China-ASEAN relations.

The Constitutional System of Thailand

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316522
Total Pages : 311 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Constitutional System of Thailand by : Andrew Harding

Download or read book The Constitutional System of Thailand written by Andrew Harding and published by Bloomsbury Publishing. This book was released on 2011-04-28 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the attempt to establish a modern system of democratic government in Thailand against the background of Thai politics and culture. The fact that since 1932, when it became a constitutional monarchy, Thailand has had 18 constitutions speaks of an unstable political system which has seen rapid and repeated fluctuations between military rule and elected government. The main focus of this study is a critical discussion of the institutional frameworks which have been established under recent constitutions. Individual chapters deal with: Thai history and context, including the role of the monarchy and the military, and of constitutional drafting processes; parliament and elections; the executive branch of government, including the role of ministers, the civil service, of a contracting state and of anti-corruption initiatives; the structure and challenges of local government, including discussion of the southern insurgency; the Constitutional Court and constitutional enforcement; the constitutional role of administrative law and of the administrative courts; the constitutional protection of human rights, with freedom of speech as a particular case study.

A History of Thailand

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107420210
Total Pages : 345 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis A History of Thailand by : Christopher John Baker

Download or read book A History of Thailand written by Christopher John Baker and published by Cambridge University Press. This book was released on 2014-05-30 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Thailand offers a lively and accessible account of Thailand's political, economic, social and cultural history. This book explores how a world of mandarin nobles and unfree peasants was transformed and examines how the monarchy managed the foundation of a new nation-state at the turn of the twentieth century. The authors capture the clashes between various groups in their attempts to take control of the nation-state in the twentieth century. They track Thailand's economic changes through an economic boom, globalisation and the evolution of mass society. This edition sheds light on Thailand's recent political, social and economic developments, covering the coup of 2006, the violent street politics of May 2010, and the landmark election of 2011 and its aftermath. It shows how in Thailand today, the monarchy, the military, business and new mass movements are players in a complex conflict over the nature and future of the country's democracy.

Tort, Custom, and Karma

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Author :
Publisher : Stanford University Press
ISBN 13 : 0804773750
Total Pages : 208 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Tort, Custom, and Karma by : David Engel

Download or read book Tort, Custom, and Karma written by David Engel and published by Stanford University Press. This book was released on 2010-02-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand. This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.

Emergency Powers in Asia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 052176890X
Total Pages : 531 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Emergency Powers in Asia by : Victor V. Ramraj

Download or read book Emergency Powers in Asia written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2010 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.