Convergence And Divergence Of Private Law In Asia

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Convergence and Divergence of Private Law in Asia

Author : Gary Low
Publisher : Cambridge University Press
ISBN 13 : 1108679269
Total Pages : 589 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Convergence and Divergence of Private Law in Asia by : Gary Low

Download or read book Convergence and Divergence of Private Law in Asia written by Gary Low and published by Cambridge University Press. This book was released on 2022-02-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.

Private Law in China and Taiwan

Author : Yun-chien Chang
Publisher : Cambridge University Press
ISBN 13 : 1107154243
Total Pages : 361 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Private Law in China and Taiwan by : Yun-chien Chang

Download or read book Private Law in China and Taiwan written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2017 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Constitutional Convergence in East Asia

Author : Po Jen Yap
Publisher : Cambridge University Press
ISBN 13 : 1108831176
Total Pages : 213 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Constitutional Convergence in East Asia by : Po Jen Yap

Download or read book Constitutional Convergence in East Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2021-11-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Private International Law in BRICS

Author : Stellina Jolly
Publisher : Hart Publishing
ISBN 13 : 1509966145
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in BRICS by : Stellina Jolly

Download or read book Private International Law in BRICS written by Stellina Jolly and published by Hart Publishing. This book was released on 2024-02-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences, and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China, and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession, and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers, and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Examining Practice, Interrogating Theory

Author : Penelope (Pip). Nicholson
Publisher : BRILL
ISBN 13 : 9004165185
Total Pages : 369 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Examining Practice, Interrogating Theory by : Penelope (Pip). Nicholson

Download or read book Examining Practice, Interrogating Theory written by Penelope (Pip). Nicholson and published by BRILL. This book was released on 2008 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Are Legal Systems Converging or Diverging?

Author : Emilie Ghio
Publisher : Springer
ISBN 13 : 9783031381799
Total Pages : 0 pages
Book Rating : 4.3/5 (817 download)

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Book Synopsis Are Legal Systems Converging or Diverging? by : Emilie Ghio

Download or read book Are Legal Systems Converging or Diverging? written by Emilie Ghio and published by Springer. This book was released on 2023-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on two main aspects: legal convergence and crises. Despite the abundance of literature on legal convergence over the years, the question of whether legal systems are converging or diverging remains unanswered. This book provides a valuable contribution to questions concerning comparative law, legal convergence, and legal transplants by examining them through the lens of crises. Crises challenge countries’ legal systems and prompt institutional responses to tackle perceived shortcomings in the law. The crises witnessed by the world over the last two decades have highlighted two seemingly contradictory tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as states find common solutions to common problems;(ii) a preference for state-centric solutions, which prioritise domestic interests; rejection of supranational standards and harmonisation efforts; and protection of domestic sovereignty. This book aims to determine whether, in times of crisis, foreign laws, rules, and concepts can transcend countries’ domestic legal systems, or whether states’ responses to crises lead to legal divergence and disintegration. Unlike traditional studies on convergence, this edited volume takes an international and cross-thematic approach, with chapters focusing on how legislation in selected jurisdictions has responded to crises. Therefore, the book’s originality lies in its truly global nature, with chapters and authors surveying jurisdictions in Africa, North and South America, Asia, Europe and Oceania. The breadth of legal areas covered, with a mix of private and public law, also add to its uniqueness. From Russia to Germany and from bankruptcy law to environmental law, the book examines whether, as a result of crises, policy and legal responses have adopted, copied, or implemented features, policies, principles and/or rules from other legal systems (convergence), or have departed from existing legal norms, adopting policies and rules that differ from those of other countries (divergence).

Asia-Pacific Legal Development

Author : Gerry Ferguson
Publisher : UBC Press
ISBN 13 : 0774844140
Total Pages : 622 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Asia-Pacific Legal Development by : Gerry Ferguson

Download or read book Asia-Pacific Legal Development written by Gerry Ferguson and published by UBC Press. This book was released on 2011-11-01 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.

Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia

Author : Helen J. Nicholson
Publisher : BRILL
ISBN 13 : 9047440390
Total Pages : 368 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia by : Helen J. Nicholson

Download or read book Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia written by Helen J. Nicholson and published by BRILL. This book was released on 2008-08-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.

Transplanting Commercial Law Reform

Author : John Gillespie
Publisher : Routledge
ISBN 13 : 135187778X
Total Pages : 381 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Transplanting Commercial Law Reform by : John Gillespie

Download or read book Transplanting Commercial Law Reform written by John Gillespie and published by Routledge. This book was released on 2017-03-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.

Studies in the Contract Laws of Asia

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0198757220
Total Pages : 531 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Studies in the Contract Laws of Asia by : Mindy Chen-Wishart

Download or read book Studies in the Contract Laws of Asia written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

The Elgar Companion to UNCITRAL

Author : Rishi Gulati
Publisher : Edward Elgar Publishing
ISBN 13 : 1803924543
Total Pages : 605 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis The Elgar Companion to UNCITRAL by : Rishi Gulati

Download or read book The Elgar Companion to UNCITRAL written by Rishi Gulati and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

Cybersecurity and Data Laws of the Commonwealth

Author : Robert Walters
Publisher : Springer Nature
ISBN 13 : 9819939356
Total Pages : 435 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis Cybersecurity and Data Laws of the Commonwealth by : Robert Walters

Download or read book Cybersecurity and Data Laws of the Commonwealth written by Robert Walters and published by Springer Nature. This book was released on 2023-07-21 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries.

Law and Development in East and South-East Asia

Author : Christoph Antons
Publisher : Routledge
ISBN 13 : 1135795843
Total Pages : 436 pages
Book Rating : 4.1/5 (357 download)

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Book Synopsis Law and Development in East and South-East Asia by : Christoph Antons

Download or read book Law and Development in East and South-East Asia written by Christoph Antons and published by Routledge. This book was released on 2005-10-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

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.

Asian Data Privacy Laws

Author : Graham Greenleaf
Publisher : OUP Oxford
ISBN 13 : 0191669156
Total Pages : 622 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Asian Data Privacy Laws by : Graham Greenleaf

Download or read book Asian Data Privacy Laws written by Graham Greenleaf and published by OUP Oxford. This book was released on 2014-10-16 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.

Codification in East Asia

Author : Wen-Yeu Wang
Publisher : Springer Science & Business Media
ISBN 13 : 3319034464
Total Pages : 248 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Codification in East Asia by : Wen-Yeu Wang

Download or read book Codification in East Asia written by Wen-Yeu Wang and published by Springer Science & Business Media. This book was released on 2014-02-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

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.