Cultural Aspects of Trade Dispute Resolution in Japan and China

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Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Cultural Aspects of Trade Dispute Resolution in Japan and China by : Michael Wade Donnelly

Download or read book Cultural Aspects of Trade Dispute Resolution in Japan and China written by Michael Wade Donnelly and published by . This book was released on 1996 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Executive Summary: While barriers to trade and investment across national borders have come down with the integration and the liberalization of world markets, governments and most companies retain distinct national identities. The potential for disputes, in which the parties hold differing cultural preferences, modes of social behaviour and views on what is "just" and "fair", has not diminshed....This report looks at a number of commercial disputes in Japan and China between the governments of those countries and a foreign government, namely the US; between those governments and foreign private-sector groups; and between private parties from those countries and foreign partners.

Social Connections in China

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Publisher : Cambridge University Press
ISBN 13 : 9780521530316
Total Pages : 300 pages
Book Rating : 4.5/5 (33 download)

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Book Synopsis Social Connections in China by : Thomas Gold

Download or read book Social Connections in China written by Thomas Gold and published by Cambridge University Press. This book was released on 2002-09-05 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assesses the evolving role of guanxi (social networks) in China's transforming society.

Conflict Resolution in Asia

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Publisher : Lexington Books
ISBN 13 : 1498566448
Total Pages : 285 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Conflict Resolution in Asia by : Stephanie P. Stobbe

Download or read book Conflict Resolution in Asia written by Stephanie P. Stobbe and published by Lexington Books. This book was released on 2020-07-06 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict Resolution in Asia: Mediation and Other Cultural Models is an exploration of human interaction, conflict, and conflict resolution in the incredibly diverse region that consists of South, East, and Southeast Asia. It examines how traditional, indigenous, and culturally based conflict resolution processes interact with more formal legal systems to build infrastructures that address conflicts at the interpersonal to international levels in ways that maintain social harmony. This book provides insight into situations where unique cultures come together to create a larger cultural identity, and how constructive and appropriate conflict resolution systems can work every day to establish positive relationships and overall peace in these complex communities. It demonstrates the importance of culture in addressing conflict and conflict resolution, and validates the significance of culturally appropriate processes in building and sustaining peace. From Southeast Asia, a survey of Indonesia, Laos, Philippines, Thailand, Singapore, and Vietnam highlights their rich cultures and conflict resolution processes. From East Asia, Mainland China and Hong Kong show the history of traditional models and the incorporation of mediation within a more formal legal system. Finally, a section on South Asia examines customary methods of dispute resolution working alongside a judiciary structure in India. These nine countries represent very different cultural groups with complex national histories, and varying degrees of influence from Western powers. Using select Asian nations as case studies of conflict resolution systems, this edited book examines the power of mediation and other cultural conflict resolution models as a tool for addressing conflicts and social justice.

The Chinese Legal System

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Publisher : Routledge
ISBN 13 : 113456130X
Total Pages : 272 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Chinese Legal System by : Pitman B. Potter

Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the major features of the Chinese legal system, on the eve of its accession to the World Trade Organisation and will be essential reading for students and academics in the field of Chinese law.

Culture, Conflict, and Mediation in the Asian Pacific

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Publisher : Rowman & Littlefield
ISBN 13 : 0761838384
Total Pages : 196 pages
Book Rating : 4.7/5 (618 download)

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Book Synopsis Culture, Conflict, and Mediation in the Asian Pacific by : Bruce E. Barnes

Download or read book Culture, Conflict, and Mediation in the Asian Pacific written by Bruce E. Barnes and published by Rowman & Littlefield. This book was released on 2007 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information on Rowman & Littlefield titles, please visit us at www.rowmanlittlefield.com.

Conflict, Culture, and History

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Publisher :
ISBN 13 : 9781410200488
Total Pages : 376 pages
Book Rating : 4.2/5 (4 download)

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Book Synopsis Conflict, Culture, and History by : Stephen J. Blank

Download or read book Conflict, Culture, and History written by Stephen J. Blank and published by . This book was released on 2002-06-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five specialists examine the historical relationship of culture and conflict in various regional societies. The authors use Adda B. Bozeman's theories on conflict and culture as the basis for their analyses of the causes, nature, and conduct of war and conflict in the Soviet Union, the Middle East, Sinic Asia (China, Japan, and Vietnam), Latin America, and Africa. Drs. Blank, Lawrence Grinter, Karl P. Magyar, Lewis B. Ware, and Bynum E. Weathers conclude that non-Western cultures and societies do not reject war but look at violence and conflict as a normal and legitimate aspect of sociopolitical behavior.

Globalization and Local Adaptation in International Trade Law

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Publisher : UBC Press
ISBN 13 : 0774819065
Total Pages : 321 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Globalization and Local Adaptation in International Trade Law by : Pitman B. Potter

Download or read book Globalization and Local Adaptation in International Trade Law written by Pitman B. Potter and published by UBC Press. This book was released on 2011-01-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values? This volume presents a new conceptual approach – the paradigm of selective adaptation – to explore and explain the reception of international trade law in the Pacific Rim. Building on a conceptual discussion of the normative and institutional contexts for international law, the contributors draw on examples from China, Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily translate into uniform enforcement and acceptance at the local level. This book provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.

Carbonneau on International Arbitration

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833343
Total Pages : 564 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Carbonneau on International Arbitration by : Thomas E. Carbonneau

Download or read book Carbonneau on International Arbitration written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this volume represent the majority of Professor Carbonneau’s scholarly writings on the subject of international commercial arbitration. They reflect his interest over the course of thirty years of law-teaching in international litigation, comparative law, and-of course - international arbitration. Some of the chapters are of a recent vintage, while others were written a decade or two ago. Whatever their date of production, the chapters have a continuing professional interest. Each addresses some of the major issues of trans-border arbitration law. A number of chapters emphasize the importance of courts in developing and maintaining a legal culture that is hospitable to arbitration. The work of the courts has been instrumental to the reception of arbitration in the United States and in several European jurisdictions. The courts can “make or break” arbitration by upholding arbitration agreements and enforcing arbitral awards. Other chapters underscore that arbitration can operate as a complete legal system. It not only provides workable trial procedures, but arbitrators can also create law in their rulings. With the addition of an internal arbitral appellate mechanism, arbitrations can function with almost absolute independence. The world law on arbitrations seems to favor the “a-national” and “a-juridical” operation of the arbitral process. A few of the chapters recognize that arbitration is being increasingly employed to resolve political or mixed political and commercial disputes. Investment arbitration and BITs are the most recent expression of this development; it had been apparent in WTO and NAFTA dispute resolution. The Iran-U.S. Claims Tribunal presented the first great occasion for assessing the vocation of arbitration in a mixed dispute situation. While arbitration has made significant inroads in this area, political sovereignty remains resistant to the imposition of limitations. In many less visible “political” cases, determinations are nonetheless made and rendered enforceable. The concluding chapters address more specific developments in the field of ICA. A number of cases point to the strong, perhaps overweening, support of the judiciary for arbitration. The courts in some jurisdictions support arbitration unequivocally and are bent upon a single outcome no matter the impact on doctrine. Lawyer presence in the arbitral process has lead to increased formalization in some proceedings. The “judicialization” of arbitration tilts the process toward the protection of rights and hinders its ability to function effectively and reach finality. Lawyers can readily misunderstand and undermine the gravamen of arbitration. The concluding chapters also establish that the UK Arbitration Act 1996 is one of the world’s outstanding arbitration statutes. It rivals and bests the UNCITRAL Model Law on ICA and is the equal of the French codified law on arbitration. Finally, the express text of the New York Arbitration Convention appears to have been altered significantly by court practice. The possible limitations of national law have been neutralized and the provisions of the Convention articulate a truly trans-border regulation of the enforcement of awards. In sum, the chapters in this book reflect the author's lifetime work in the area of international arbitration and are required reading for all those practicing in the field- law students, arbitrators, academics and practicing lawyers.

China, Cultural Heritage, and International Law

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Publisher : Routledge
ISBN 13 : 1351605690
Total Pages : 192 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis China, Cultural Heritage, and International Law by : Hui Zhong

Download or read book China, Cultural Heritage, and International Law written by Hui Zhong and published by Routledge. This book was released on 2017-11-27 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.

Free Trade and Cultural Diversity in International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251162
Total Pages : 196 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Free Trade and Cultural Diversity in International Law by : Jingxia Shi

Download or read book Free Trade and Cultural Diversity in International Law written by Jingxia Shi and published by Bloomsbury Publishing. This book was released on 2013-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

China's Maritime Disputes in the East and South China Seas

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781492991793
Total Pages : 168 pages
Book Rating : 4.9/5 (917 download)

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Book Synopsis China's Maritime Disputes in the East and South China Seas by : U.S.-China Economic and Security Review Commission

Download or read book China's Maritime Disputes in the East and South China Seas written by U.S.-China Economic and Security Review Commission and published by Createspace Independent Publishing Platform. This book was released on 2014-04-18 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today's hearing will cover China's maritime disputes in the East and South China Seas. We'll examine the security, political, legal, and economic drivers of these disputes in our three panels today. The first panel will begin by discussing the broad security situation on the high seas. As China's maritime forces have become more capable over the past decade, Beijing has become more confident in its ability to assert its claims in the disputed areas. Beyond China's "hard" security concerns, however, other domestic, political, and legal elements shape China's policy in the East and South China Seas. Our second panel will consider popular nationalism as one of these elements. It has become a key driver of Chinese foreign policy as personality politics in Beijing has given way to a collective leadership seeking Party legitimacy. We'll conclude with a panel on how resources and economic drivers shape China's maritime disputes. Security of China's near seas is critical to the unimpeded flow of trade and imported energy resources. Though the natural resources in the East and South China Sea undoubtedly shape the security landscape, there appears to be a debate on the centrality of oil and gas resources to the dispute.

Confucian Culture and Competition Law in East Asia

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Publisher : Cambridge University Press
ISBN 13 : 1108863280
Total Pages : 431 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Confucian Culture and Competition Law in East Asia by : Jingyuan Ma

Download or read book Confucian Culture and Competition Law in East Asia written by Jingyuan Ma and published by Cambridge University Press. This book was released on 2022-09-08 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.

The Autonomy of International Commercial and Maritime Arbitration

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Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Autonomy of International Commercial and Maritime Arbitration by : Moonchul Chang

Download or read book The Autonomy of International Commercial and Maritime Arbitration written by Moonchul Chang and published by . This book was released on 1989 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

China-Africa Dispute Settlement

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : 571 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Dispute Resolution in Asia

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124462
Total Pages : 518 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dispute Resolution in Asia by : Michael Charles Pryles

Download or read book Dispute Resolution in Asia written by Michael Charles Pryles and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prized by practitioners since the first edition appeared in 1998, Dispute Resolution in Asia provides a much wider spectrum of Asian laws and approaches to dispute resolution than is traditional in comparative studies. It examines arbitration, litigation, and mediation in thirteen countries, with detailed practical essays each written by a senior lawyer with vast knowledge and experience of dispute resolution in his or her own country. Contributions vary in style and content and thus reflect the diversity of legal systems and cultures in Asia. The third edition of this popular book has been expanded by the inclusion of a chapter on Korea and a discussion of investment treaty arbitrations. All chapters have been revised and updated to incorporate recent developments, such as the enactment of relevant new legislation in Malaysia. Statistics on arbitration centres in Asia are also included. As a comprehensive practical guide to the practice and procedure of dispute resolution in the important trading countries of Asia, this book will be of great value to corporate counsel and international lawyers and business people, as well as to students of dispute resolution. For more information on the editor, Professor Michael Pryles, please visit his website http://www.michaelpryles.com

On the Record Re Japan

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Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis On the Record Re Japan by :

Download or read book On the Record Re Japan written by and published by . This book was released on 1994 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Studying Hong Kong: 20 Years Of Political, Economic And Social Developments

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Publisher : World Scientific
ISBN 13 : 9813223561
Total Pages : 311 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Studying Hong Kong: 20 Years Of Political, Economic And Social Developments by : Tai Wei Lim

Download or read book Studying Hong Kong: 20 Years Of Political, Economic And Social Developments written by Tai Wei Lim and published by World Scientific. This book was released on 2018-05-02 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book captures the essence of Hong Kong's development in the past two decades from 1997 to 2017. It is broken into four parts — economics, society, politics and culture.Hong Kong's role remains as a gateway for global trading houses, businessmen, investors and traders. Hong Kong continues to be an open economy and has stuck to free trade policies, as one of the former four successful 'tiger economies' in East Asia. In the political and international relations realm, this book examines Hong Kong's relations with China, other major powers and the world at large. It also covers domestic developments, including legal developments. Other chapters in the book examine cultural developments in Hong Kong from specific case studies of iconic animation character to trans-boundary popularity of Hong Kong popular culture in China.With contributions from Alvin CAMBA, Henry CHAN, Yoshihisa GODO, Wing Lok HUNG, Sean KING, Tuan Yuen KONG, Tai Wei LIM, Carol MA, Samantha MA, Parama SINHA PALIT, Zhengqi PAN, SIM Japanese Culture and Gaming Society, Hiroshi TAKAHASHI, Ghim Yeow TAN, Katherine TSENG, Elim WONG, Kai Keat YEO and Chun Wang YEUNG, this book provides a snapshot of Hong Kong in the past twenty years and is a fascinating read.