Legal Thoughts Between The East And The West In The Multilevel Legal Order

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Legal Thoughts between the East and the West in the Multilevel Legal Order

Author : Chang-fa Lo
Publisher : Springer
ISBN 13 : 9811019959
Total Pages : 610 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Legal Thoughts between the East and the West in the Multilevel Legal Order by : Chang-fa Lo

Download or read book Legal Thoughts between the East and the West in the Multilevel Legal Order written by Chang-fa Lo and published by Springer. This book was released on 2016-11-11 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Legal Thoughts between the East and the West in the Multilevel Legal Order

Author : Chang-fa Lo
Publisher : Springer
ISBN 13 : 9789811019944
Total Pages : 0 pages
Book Rating : 4.0/5 (199 download)

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Book Synopsis Legal Thoughts between the East and the West in the Multilevel Legal Order by : Chang-fa Lo

Download or read book Legal Thoughts between the East and the West in the Multilevel Legal Order written by Chang-fa Lo and published by Springer. This book was released on 2016-11-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Mixed Legal Systems, East and West

Author : Vernon Valentine Palmer
Publisher : Routledge
ISBN 13 : 1317095383
Total Pages : 320 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Mixed Legal Systems, East and West by : Vernon Valentine Palmer

Download or read book Mixed Legal Systems, East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

New Asian Regionalism in International Economic Law

Author : Pasha L. Hsieh
Publisher : Cambridge University Press
ISBN 13 : 1108845606
Total Pages : 297 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis New Asian Regionalism in International Economic Law by : Pasha L. Hsieh

Download or read book New Asian Regionalism in International Economic Law written by Pasha L. Hsieh and published by Cambridge University Press. This book was released on 2021-12-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.

Private International Law in Israel

Author : Talia Einhorn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547154
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law in Israel by : Talia Einhorn

Download or read book Private International Law in Israel written by Talia Einhorn and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

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.

Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023)

Author : Yang Chik Adam
Publisher : Springer Nature
ISBN 13 : 2384761544
Total Pages : 268 pages
Book Rating : 4.3/5 (847 download)

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Book Synopsis Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023) by : Yang Chik Adam

Download or read book Proceedings of the 3rd International Conference on Law and Digitalization 2023 (ICLD 2023) written by Yang Chik Adam and published by Springer Nature. This book was released on 2023-12-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access book.The Faculty of Law (FOL), Multimedia University will hold the 3rd International Conference on Law and Digitalization 2023 (ICLD23) on 26-28 July 2023 (Virtual Conference). ICLD23 will be part of the bigger Digital Future Congress (DIFCON 2023) comprising of various other conferences of multidisciplinary academic interests. The aim of ICLD23 is to provide a platform for both local and international academics, practitioners, policymakers, researchers and students to meet, share ideas and knowledge in law and digitalization through paper presentation. It also aims to encourage academic linkages between the academicians and the researchers from the legal fraternity. It also promotes future co-operations among the intellectuals from various fields and disciplines.

Decoding Chinese Bilateral Investment Treaties

Author : Shen Wei
Publisher : Cambridge University Press
ISBN 13 : 110885303X
Total Pages : 371 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Decoding Chinese Bilateral Investment Treaties by : Shen Wei

Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.

Constitutional Foundings in Northeast Asia

Author : Kevin YL Tan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940200
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Foundings in Northeast Asia by : Kevin YL Tan

Download or read book Constitutional Foundings in Northeast Asia written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2021-12-16 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.

Multi-Tier Approaches to the Resolution of International Disputes

Author : Anselmo Reyes
Publisher : Cambridge University Press
ISBN 13 : 1108846513
Total Pages : 545 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes

Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Duelling for Supremacy

Author : Fulvio Maria Palombino
Publisher : Cambridge University Press
ISBN 13 : 1108475264
Total Pages : 451 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Duelling for Supremacy by : Fulvio Maria Palombino

Download or read book Duelling for Supremacy written by Fulvio Maria Palombino and published by Cambridge University Press. This book was released on 2019-05-16 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses national practices on conflicts between international law and national fundamental principles with a comparative perspective.

Taiwan and International Human Rights

Author : Jerome A. Cohen
Publisher : Springer
ISBN 13 : 9811303509
Total Pages : 706 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Taiwan and International Human Rights by : Jerome A. Cohen

Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Challenges of Governance

Author : Ronald L. Holzhacker
Publisher : Springer Nature
ISBN 13 : 3030590542
Total Pages : 277 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Challenges of Governance by : Ronald L. Holzhacker

Download or read book Challenges of Governance written by Ronald L. Holzhacker and published by Springer Nature. This book was released on 2021-01-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a varied and multi-dimensional view of challenges of governance in Southeast Asia and ASEAN through the variety of disciplines and nationalities involved. In light of 50 years of regional collaboration and integration as the member states of ASEAN seek to chart out a future path for the region, this book is dedicated to showcasing different challenges to governance that occur due to internal and external pressures for the various member states. The editors are particularly interested in the multi-level governance challenges on issues of democracy, equity, and sustainability, the adaptation of policies and norms to fit an ASEAN way, and the changing roles of civil society and citizens in this process of seeking a common identity and voice. The book is divided into four sections. The first section introduces the fundamental political institutional dynamics that are in play within the region and the interplay between regional forces and national norms. The second section tackles the economic and legal discourses that various member states face in relation to external and internal pressures related to international and regional trade and industry. The third section focuses on issues of sustainability and equity resulting from the vast socio-spatial differences in the varied cities and regions of member states. In the final section, the authors discuss dilemmas resulting from economic growth in exploitative industries and the impact that has on the local and regional community through the lenses of inclusivity and justice. Written by a diverse collection of policy makers, researchers, educators and activists from the regions discussed, this book provides an authoritative first-hand analysis of key challenges to governance in Southeast Asia and ASEAN. As such, this volume is an excellent resource for academics, advanced masters and PhD candidates interested in the region, and major Southeast Asian research institutes and centers as well as policy makers and influencers at both national and regional levels within the region.

The Cambridge Handbook of Shareholder Engagement and Voting

Author : Harpreet Kaur
Publisher : Cambridge University Press
ISBN 13 : 1108913075
Total Pages : 1013 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Shareholder Engagement and Voting by : Harpreet Kaur

Download or read book The Cambridge Handbook of Shareholder Engagement and Voting written by Harpreet Kaur and published by Cambridge University Press. This book was released on 2022-09-15 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt: All over the world, companies play an important role in the economy. Different types of stakeholders hold the reins in these companies. An important class are the shareholders that finance the activities of these companies. In return, stakeholders have a say on how these companies should be organized and structure their activities. This is primarily done through voting and engaging. These mechanisms of voting and engaging allow the shareholders to decide significant aspects of the company structure, from who governs it to how much directors are paid. However, how shareholders vote and engage and how far their rights stretch are organized differently in different countries. This pioneering book provides insights into what rights these shareholders have and how the shareholders of companies in nineteen different jurisdictions participate in corporate life through voting and engaging. Comparative and international in scope, it pays particular attention to how jurisdictions align and differ around the world.

Geopolitics and Business

Author : Čedomir Nestorović
Publisher : Springer Nature
ISBN 13 : 3031453255
Total Pages : 325 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Geopolitics and Business by : Čedomir Nestorović

Download or read book Geopolitics and Business written by Čedomir Nestorović and published by Springer Nature. This book was released on 2024-01-03 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light on the intricate relationship between geopolitics and business and the essential interdependence between corporations and geopolitics. Despite apparent animosity, practical solutions and theories proposed by geopolitics find resonance within the business world, and vice versa. Concepts like critical theory, disruption, hegemony, strategic rivalry, and cost-effectiveness hold common ground in both realms, even though they have historically been disregarded. Geopolitical authors have often overlooked the vital role played by businesses in shaping global affairs, while businesses themselves view geopolitics as a risk to be managed. These contrasting viewpoints have given rise to misunderstandings and misconceptions between the two spheres. The author sets out to bridge the gap between geopolitics and business, exploring how corporations perceive space, state, and power, while also analyzing the influence of classical, critical, and feminist geopolitics on business strategies. This comprehensive analysis reveals that businesses are not mere non-state agents among many, but indeed, the principal non-state agents in geopolitics. The book is an essential read for scholars, researchers, and professionals seeking a deeper understanding of the dynamic interplay between these critical forces.

European Dream and Reluctant Integration in the 21st Century

Author : Hungdah Su (蘇宏達)
Publisher : 國立臺灣大學出版中心
ISBN 13 : 9863504149
Total Pages : 514 pages
Book Rating : 4.8/5 (635 download)

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Book Synopsis European Dream and Reluctant Integration in the 21st Century by : Hungdah Su (蘇宏達)

Download or read book European Dream and Reluctant Integration in the 21st Century written by Hungdah Su (蘇宏達) and published by 國立臺灣大學出版中心. This book was released on 2020-10-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: To avoid a repeat of those nationalist nightmares, a common European Dream emerged after WWII, which has since developed into some essential doctrines of European integration. This dream-inspired institutionalist context has framed intergovernmental bargaining, sectoral spillovers and transnational cooperation in European integration. The powerful European Dream has even encouraged Europeans toward closer integration, though they were, quite often, very reluctant to go further. This dream-driven approach and reluctant runner’s model have highlighted some fundamental realities of European integration, extremely inspiring for the future of the EU and the ongoing Asian regionalism. This book consists of three parts and thirteen chapters. It aims to explain European integration, the EU’s role in global governance and the EU’s impact upon Asian regionalism with the help of the European Dream approach and reluctant runners’ model. Trump’s unilateralism, the rising tensions between the US and PRC and the COVID-19 pandemic may be a turning point for world politics. Both globalization and global governance have consequently slowed down, giving place to regionalism and inter-regionalism. This book hopes to contribute to the rising debate over European integration, Asian regionalism and EU-Asian inter-regionalism.

The Institutionalisation of Evaluation in Asia-Pacific

Author : Reinhard Stockmann
Publisher : Springer Nature
ISBN 13 : 3031369181
Total Pages : 599 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Institutionalisation of Evaluation in Asia-Pacific by : Reinhard Stockmann

Download or read book The Institutionalisation of Evaluation in Asia-Pacific written by Reinhard Stockmann and published by Springer Nature. This book was released on 2023-12-23 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the progress of institutionalisation of evaluation in Asia Pacific from various perspectives. It presents prior developments and current states of evaluation in 11 countries, focusing on three dimensions, namely the political, social and professional systems. These detailed country reports, which have been written by selected researchers and authors of the respective countries, lead to a concluding comparison and synthesis. This is the third of four volumes of the compendium The Institutionalisation of Evaluation. The first volume on Europe was published in 2020, and the second volume on the Americas in 2022. It will be followed by another volume on Africa. The overall aim is to provide an interdisciplinary audience with cross-country learning to enable them to better understand the institutionalisation of evaluation in different nations, world regions and sectors.