Private International Law In East Asia

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Private International Law in East Asia

Author : Olivier Gaillard
Publisher : Hart Publishing
ISBN 13 : 150997010X
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in East Asia by : Olivier Gaillard

Download or read book Private International Law in East Asia written by Olivier Gaillard 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 open access book examines the conflict of law rules in East Asian states, with a focus on the laws in China and Japan but looking also at South Korea. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea and a more in-depth view of the rules on private international law. This will foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. Part three provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part four examines the rules applying to family law and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

International Law in East Asia

Author : Zou Keyuan
Publisher : Routledge
ISBN 13 : 1351562304
Total Pages : 450 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Law in East Asia by : Zou Keyuan

Download or read book International Law in East Asia written by Zou Keyuan and published by Routledge. This book was released on 2017-07-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

Revolutionary Approach to International Law

Author : Eric Yong Joong Lee
Publisher : Springer Nature
ISBN 13 : 9811979677
Total Pages : 323 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Revolutionary Approach to International Law by : Eric Yong Joong Lee

Download or read book Revolutionary Approach to International Law written by Eric Yong Joong Lee and published by Springer Nature. This book was released on 2023-06-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

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.

Contextualising International Law in Northeast Asia

Author : Asif H Qureshi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915303
Total Pages : 255 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contextualising International Law in Northeast Asia by : Asif H Qureshi

Download or read book Contextualising International Law in Northeast Asia written by Asif H Qureshi and published by Bloomsbury Publishing. This book was released on 2018-09-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

Asian Approaches to International Law and the Legacy of Colonialism

Author : Jin-Hyun Paik
Publisher : Routledge
ISBN 13 : 1136223827
Total Pages : 185 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis Asian Approaches to International Law and the Legacy of Colonialism by : Jin-Hyun Paik

Download or read book Asian Approaches to International Law and the Legacy of Colonialism written by Jin-Hyun Paik and published by Routledge. This book was released on 2012-09-10 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume address international legal issues impacted by the legacy of the Asian region’s historical experience with colonialism and its current standing in the international system. This volume provides a perspective on these issues from Asian legal scholars who have embarked on an analysis and discussion of the various ways in which international law and the international legal process can resolve these issues in a manner that is appropriate for the region. The book examines the interconnections between diverse topics, such as current territorial disputes over maritime areas (which includes disputes over maritime delimitation) and the scope of exclusive economic zones in East and Southeast Asia, both of which are aspects of some of the critical political, economic, and legal issues presently confronting the region. These territorial and maritime disputes are partially due to the geography of the region, but the editors make a convincing argument for the genesis of these disputes being rooted in the legacy of the region’s colonial past; a legacy which has confounded attempts at resolution of these disputes and still deeply influences international relations in the region. Asian Approaches to International Law and the Legacy of Colonialism will be of particular interest to academics and students of International Law, Maritime Law and Asian Studies.

East Asian Law

Author : Lucie Cheng
Publisher : Routledge
ISBN 13 : 1134431791
Total Pages : 307 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis East Asian Law by : Lucie Cheng

Download or read book East Asian Law written by Lucie Cheng and published by Routledge. This book was released on 2003-09-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

East Asia and International Law

Author : Eric Yong-Joong Lee
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (875 download)

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Book Synopsis East Asia and International Law by : Eric Yong-Joong Lee

Download or read book East Asia and International Law written by Eric Yong-Joong Lee and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of International Law in Asia and the Pacific

Author : Simon Chesterman
Publisher : Oxford University Press
ISBN 13 : 0192512706
Total Pages : 600 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Law in Asia and the Pacific by : Simon Chesterman

Download or read book The Oxford Handbook of International Law in Asia and the Pacific written by Simon Chesterman and published by Oxford University Press. This book was released on 2019-09-04 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Asian Conflict of Laws

Author : Alejandro Carballo Leyda
Publisher : Kluwer Law International
ISBN 13 : 9789041147561
Total Pages : 0 pages
Book Rating : 4.1/5 (475 download)

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Book Synopsis Asian Conflict of Laws by : Alejandro Carballo Leyda

Download or read book Asian Conflict of Laws written by Alejandro Carballo Leyda and published by Kluwer Law International. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions è^' such as this very useful book provides è^' is an essential resource for both practitioners and academics.

Chinese Private International Law

Author : Xiaohong Liu
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924388
Total Pages : 432 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Chinese Private International Law by : Xiaohong Liu

Download or read book Chinese Private International Law written by Xiaohong Liu and published by Bloomsbury Publishing. This book was released on 2021-04-22 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

China's One Belt One Road Initiative and Private International Law

Author : Poomintr Sooksripaisarnkit
Publisher : Routledge
ISBN 13 : 1351348442
Total Pages : 250 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis China's One Belt One Road Initiative and Private International Law by : Poomintr Sooksripaisarnkit

Download or read book China's One Belt One Road Initiative and Private International Law written by Poomintr Sooksripaisarnkit and published by Routledge. This book was released on 2018-05-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Northeast Asian Perspectives on International Law

Author : Seokwoo Lee
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004257098
Total Pages : 209 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Northeast Asian Perspectives on International Law by : Seokwoo Lee

Download or read book Northeast Asian Perspectives on International Law written by Seokwoo Lee and published by Martinus Nijhoff Publishers. This book was released on 2013-08-29 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, Northeast Asia has been one of the most dynamic and dangerous parts of the world. Encompassing Japan, the People’s Republic of China, and North and South Korea, the region has undoubtedly acquired a greater global geopolitical and economic significance in recent years. Now home to two of the three largest economies in the world, with the exception of North Korea, all of the countries in the region experienced rapid economic development which has resulted in Northeast Asia accounting for one-fifth of world production, one-sixth of world trade, and one-half of the world’s foreign currency reserves. This great economic dynamism is complemented by the tremendous political forces that animate the region, such as China’s ascendency to a global power challenging the United States and the European Union, tensions over nuclear weapons on the Korean peninsula, and Japan’s desire to validate itself as a legitimate international force with a permanent seat on the UN Security Council. All of these modern issues faced by the region are matters of international law. Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges contends that international law is not only poised to take a bigger role in bringing about a resolution to these questions, but international lawyers of the region are working to bring about greater regional cooperation and integration as seen in other regions in the world. This edited volume was inspired by the first joint international academic conference of international lawyers from the Chinese Society of International Law, Japanese Society of International Law, and Korean Society of International Law which took place in Seoul, Korea on July 3, 2010. With a range of timely topics including, but not limited to, North Korean human rights, the South China Sea, and Japan’s efforts in UN peacekeeping operations, the esteemed contributors to Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges examine how international law can promote peace and justice in Northeast Asia. Legal scholars, students of international law and international relations, policymakers and historians will find Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges to be an invaluable resource.

Challenges of International Law in the Asian Region

Author : Vitit Muntarbhorn
Publisher : Springer Nature
ISBN 13 : 9811620474
Total Pages : 238 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Challenges of International Law in the Asian Region by : Vitit Muntarbhorn

Download or read book Challenges of International Law in the Asian Region written by Vitit Muntarbhorn and published by Springer Nature. This book was released on 2021-06-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state‐centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Private International Law

Author : Sai Ramani Garimella
Publisher : Springer
ISBN 13 : 9811034583
Total Pages : 442 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Private International Law by : Sai Ramani Garimella

Download or read book Private International Law written by Sai Ramani Garimella and published by Springer. This book was released on 2017-01-19 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

Studies in International Law and History

Author : R.P. Anand
Publisher : BRILL
ISBN 13 : 9004480285
Total Pages : 301 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Studies in International Law and History by : R.P. Anand

Download or read book Studies in International Law and History written by R.P. Anand and published by BRILL. This book was released on 2021-10-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book.

Law and Development in East and South-East Asia

Author : Christoph Antons
Publisher : Routledge
ISBN 13 : 1135795851
Total Pages : 401 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 401 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.