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ISBN: 9789711505240
Category :
Languages : en
Pages : 0
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Book Description
Author:
Publisher:
ISBN: 9789711505240
Category :
Languages : en
Pages : 0
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Book Description
Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565
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Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
ISBN: 1781002703
Category : Law
Languages : en
Pages : 365
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Book Description
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004437789
Category : Law
Languages : en
Pages : 477
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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 319
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Book Description
Author: John O. Haley
Publisher: Edward Elgar Publishing
ISBN: 1783472790
Category : Law
Languages : en
Pages : 391
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Book Description
Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intelle
Author: Penelope (Pip). Nicholson
Publisher: BRILL
ISBN: 9004165185
Category : Law
Languages : en
Pages : 369
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Book Description
Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to "Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia" analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Author: Yogesh K. Tyagi
Publisher: Springer
ISBN: 9789811689338
Category : Law
Languages : en
Pages : 240
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Book Description
This book surveys the treaty practice of Asian States. It undertakes a study of nine prominent Asian States, namely Bangladesh, India, Japan, Malaysia, Nepal, People’s Republic of China, Republic of Korea, Sri Lanka and The Philippines. One chapter each deals with the treaty practice of these States by reflecting on the theoretical foundations of treaty practice at the domestic level, including a query whether the State follows the theory of monism or dualism or a mix of these two; the relationship between treaties and the Constitution; the relationship between treaties and legislation; and the relationship between treaties and domestic customary law, if any. The chapters also review the participation of the respective States in the drafting of the 1969 Vienna Convention on the Law of Treaties (VCLT); position on and reservations to the VCLT; and reference of the VCLT in the treaties concluded by the States. Other aspects covered in chapters include constitutional provisions relating to treaties; domestic law, if any (for example, Nepal has a legislation on treaties); ratification process and practice; judicial practice, covering case law at the domestic level; the position of the State on the interpretation of treaties; and mechanism for the implementation of treaties at the domestic level, if any. The chapters identify leading cases, if any, relating to treaties to which the State was a party before international courts/tribunals. It deals with treaty compliance issues, including response to alleged violations of treaties; termination of treaties, if any; response to termination, if any; and participation in treaty bodies. It provides a panorama of treaties, to which the State is a party, as well as the most conspicuous treaties to which the State is not a party and the reasons thereof. The concluding chapter contains some general observations on Asian treaty practice.
Author: Randall Peerenboom
Publisher: Routledge
ISBN: 1134238819
Category : History
Languages : en
Pages : 542
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Book Description
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Author: Ngoc Son Bui
Publisher: Bloomsbury Publishing
ISBN: 1509949747
Category : Law
Languages : en
Pages : 534
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Book Description
This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as: - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as: - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
