Laws Of South East Asia

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Legal Traditions in Asia

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

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Book Synopsis Legal Traditions in Asia by : Janos Jany

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

ASEAN Law and Regional Integration

Author : Diane Desierto
Publisher : Routledge
ISBN 13 : 1351972952
Total Pages : 240 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis ASEAN Law and Regional Integration by : Diane Desierto

Download or read book ASEAN Law and Regional Integration written by Diane Desierto and published by Routledge. This book was released on 2020-12-29 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.

The Development of the Rule of Law in ASEAN

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

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

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

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

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

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

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

Fluid Jurisdictions

Author : Nurfadzilah Yahaya
Publisher : Cornell University Press
ISBN 13 : 1501750887
Total Pages : 342 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Fluid Jurisdictions by : Nurfadzilah Yahaya

Download or read book Fluid Jurisdictions written by Nurfadzilah Yahaya and published by Cornell University Press. This book was released on 2020-09-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.

Drug Law Reform in East and Southeast Asia

Author : Fifa Rahman
Publisher : Lexington Books
ISBN 13 : 073918038X
Total Pages : 328 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Drug Law Reform in East and Southeast Asia by : Fifa Rahman

Download or read book Drug Law Reform in East and Southeast Asia written by Fifa Rahman and published by Lexington Books. This book was released on 2013-08-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug Law Reform in East and Southeast Asia is a multi-author look at drugs in East and Southeast Asia, on drug policy, patterns and trends, local problems, human rights abuses, treatment prospects, and potential reforms. From the history of drugs in Asia, the book examines recent trends in illicit drugs, especially the present enormous amphetamine problems. It addresses recent policy shifts, especially harm reduction responses to the devastating drug-associated HIV epidemics. It explores further necessary reform, especially in regard to the abysmally inhuman current emphasis on detention and the death penalty for drug offences, and present the most recent evidence on effective and humane approaches to drug treatments. As the first comprehensive collection on illicit drug and harm reduction in East and Southeast Asia, it will be a vital resource for health professionals, policymakers, and others working there—and elsewhere—on drug policy reform. As the first comprehensive collection on illicit drugs and harm reduction in East and Southeast Asia, it will be a vital resource for health professionals, policymakers, and others working on East and Southeast Asia—and elsewhere—on drug policy.

Maritime Order and the Law in East Asia

Author : Nong Hong
Publisher : Routledge
ISBN 13 : 1351358227
Total Pages : 310 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Maritime Order and the Law in East Asia by : Nong Hong

Download or read book Maritime Order and the Law in East Asia written by Nong Hong and published by Routledge. This book was released on 2018-03-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.

Legitimising Rejection

Author : Sara Ellen Davies
Publisher : BRILL
ISBN 13 : 9004163514
Total Pages : 303 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legitimising Rejection by : Sara Ellen Davies

Download or read book Legitimising Rejection written by Sara Ellen Davies and published by BRILL. This book was released on 2008 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines Southeast Asia's rejection of international refugee law through extensive archival analysis and argues that this rejection was shaped by the region's response to its largest refugee crisis in the post-1945 era: the Indochinese refugee crisis from 1975-1996.

Adapting International Criminal Justice in Southeast Asia

Author : Emma Palmer
Publisher : Cambridge University Press
ISBN 13 : 1108483976
Total Pages : 349 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Adapting International Criminal Justice in Southeast Asia by : Emma Palmer

Download or read book Adapting International Criminal Justice in Southeast Asia written by Emma Palmer and published by Cambridge University Press. This book was released on 2020-05-14 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of debates and mechanisms of international criminal law in Cambodia, Indonesia, the Philippines, and Myanmar.

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.

The Making of Southeast Asian Nations

Author : Leo Suryadinata
Publisher : World Scientific Publishing Company Incorporated
ISBN 13 : 9789814612968
Total Pages : 332 pages
Book Rating : 4.6/5 (129 download)

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Book Synopsis The Making of Southeast Asian Nations by : Leo Suryadinata

Download or read book The Making of Southeast Asian Nations written by Leo Suryadinata and published by World Scientific Publishing Company Incorporated. This book was released on 2015 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of the 'nation' is a Western concept which has been applied to Southeast Asia. It is a project which has been in progress since the last century but is still incomplete. Various theoretical frameworks which are associated with nation and nation-building in the Southeast Asian region have been briefly dealt with. The book aims to examine the making of the nations in Southeast Asia using both historical and political science approaches. Concepts related to nations such as ethnicity, state, indigenism and citizenship have also been analysed in the Southeast Asian context. Specific examples of nation-building in five major Southeast Asian countries are presented. Problems and prospects of Southeast Asia's nation-building and citizenship building in the era of globalisation are also discussed.

Divers Paths to Justice

Author : Marcus Colchester
Publisher : Forest Peoples Programme
ISBN 13 : 6169061170
Total Pages : 361 pages
Book Rating : 4.1/5 (69 download)

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Book Synopsis Divers Paths to Justice by : Marcus Colchester

Download or read book Divers Paths to Justice written by Marcus Colchester and published by Forest Peoples Programme. This book was released on 2011 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Socialist Law in Socialist East Asia

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

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

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

Law of the Sea in East Asia

Author : Keyuan Zou
Publisher : Routledge
ISBN 13 : 1134267657
Total Pages : 258 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Law of the Sea in East Asia by : Keyuan Zou

Download or read book Law of the Sea in East Asia written by Keyuan Zou and published by Routledge. This book was released on 2013-04-03 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.

Drugs Law and Legal Practice in Southeast Asia

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

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

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

Administrative Law and Governance in Asia

Author : Tom Ginsburg
Publisher : Routledge
ISBN 13 : 1135970645
Total Pages : 395 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Administrative Law and Governance in Asia by : Tom Ginsburg

Download or read book Administrative Law and Governance in Asia written by Tom Ginsburg and published by Routledge. This book was released on 2008-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.

Business and Human Rights in Southeast Asia

Author : Mahdev Mohan
Publisher : Routledge
ISBN 13 : 1317964306
Total Pages : 240 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Business and Human Rights in Southeast Asia by : Mahdev Mohan

Download or read book Business and Human Rights in Southeast Asia written by Mahdev Mohan and published by Routledge. This book was released on 2014-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.