Author: Penelope Nicholson
Publisher: BRILL
ISBN: 9047440390
Category : Law
Languages : en
Pages : 368
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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: Stacey Steele
Publisher: Routledge
ISBN: 113518237X
Category : Business & Economics
Languages : en
Pages : 349
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Book Description
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.
Author: Yvonne Tew
Publisher: Oxford University Press
ISBN: 0198716834
Category : Law
Languages : en
Pages : 273
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Book Description
Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: B.S. Chimni
Publisher: Routledge
ISBN: 1136890289
Category : Business & Economics
Languages : en
Pages : 378
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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective, under the auspices of the Foundation for the Development of International Law in Asia (DILA). It is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Yearbook provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and 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 normally contains articles and shorter notes; a section on State practice; an overview of Asian states participation in multilateral treaties; succinct analysis of recent international legal developments in Asia; an agora section devoted to critical perspectives on international law issues; surveys of the activities of international organizations of special relevance to Asia; and book review, bibliography and documents sections. It will be of interest to students and academics interested in international law and Asian studies.
Author: Wendy Ng
Publisher: Cambridge University Press
ISBN: 1108548725
Category : Law
Languages : en
Pages : 420
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Book Description
The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Author: Ah Eng Lai
Publisher: Institute of Southeast Asian Studies
ISBN: 9814380474
Category : Social Science
Languages : en
Pages : 307
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Book Description
This volume makes an important and unique contribution to scholarly understandings of migration and diversity through its focus on Asian contexts. Current scholarship and literature on processes of migration and the consequences of diversity is heavily concentrated on Western contexts and their concerns with "multiculturalism," "integration," "rights and responsibilities," "social cohesion," "social inclusion," and "cosmopolitanism." In contrast, there has been relatively little attention given to migration and growing diversity in Asian contexts which are constituted by highly distinct and varied histories, cultures, geographies, and political economies. This book fills this significant gap in the literature on migration studies with a concentrated focus on communities, cities and countries in the Asian region that are experiencing increased levels of population mobility and subsequent diversity. Not only does it offer analyses of the policies and processes of migration, it also addresses the outcomes and implications of migration and diversity - these include a focus on multiculturalism and citizenship in the Asian region, the emerging complex forms of governance in response to increased diversity, discussions of different settlement experiences, and the practices of everyday life and encounters in increasingly diverse locales.
Author: Mohammad Hashim Kamali
Publisher:
ISBN: 019091064X
Category : History
Languages : en
Pages : 465
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Book Description
In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
Author: Andrew Harding
Publisher: Bloomsbury Publishing
ISBN: 150992745X
Category : Law
Languages : en
Pages : 336
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Book Description
“This book should find its place in every person's library...[it is] a resource for engagement and vital critical discourse.” Philip T. N. Koh, Star2 This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia's legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law.
Author: Pavin Chachavalpongpun
Publisher: Routledge
ISBN: 1351364871
Category : Business & Economics
Languages : en
Pages : 566
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Book Description
The Routledge Handbook of Contemporary Thailand is a timely survey and assessment of the state of contemporary Thailand. While Thailand has changed much in the past decades, this handbook proposes that many of its problems have remained intact or even persistent, particularly problems related to domestic politics. It underlines emerging issues at this critical juncture in the kingdom and focuses on the history, politics, economy, society, culture, religion and international relations of the country. A multidisciplinary approach, with chapters written by experts on Thailand, this handbook is divided into the following sections. History Political and economic landscape Social development International relations Designed for academics, students, libraries, policymakers and general readers in the field of Asian studies, political science, economics and sociology, this invaluable reference work provides an up-to-date account of Thailand and initiates new discussion for future research activities.
Author: Xiaoyu Lu
Publisher: Springer Nature
ISBN: 3030567079
Category : Political Science
Languages : en
Pages : 252
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Book Description
This book is a political ethnography of norm diffusion and storytelling through international institutions in China. It is driven by intellectual puzzles and realpolitik questions: are we converging or diverging on values? Do emerging powers reinforce or reshape the existing international order? Are international institutions socialising emerging powers or being used to promote alternative norms? This book addresses these questions through fieldwork research over three years at the United Nations Development Programme in China, the first international development agency to enter post-reform China in 1979. It provides a crucial case to study the everyday practices of norm diffusion in emerging powers, and highlights the central role of storytelling in translating and contesting normative scripts. The book selects norms in human rights, rule of law and development cooperation to analyse how translators and brokers innovatively use stories to advocate, and how these normative stories move back-and-forth between local-global spaces and orders. "A fascinating ethnography that tells us much about international institutions and China's changing role in the world: of interest both to China specialists and theorists of international relations." —Rana Mitter, Director of the University of Oxford China Centre, University of Oxford, UK “Through pioneering ethnographic research, Xiaoyu Lu’s outstanding book makes a major contribution to our understanding of norm diffusion and the ways in which China is shaping, and is shaped by, international development norms. Lu’s richly textured analysis shows how ‘norm translators’ use case studies, personal stories, and other narratives to negotiate between global and local normative orders, and to facilitate the day-to-day processes of norm diffusion." —Amy King, Associate Professor, Strategic and Defence Studies Centre, Australian National University, Australia "An intricate account of the everyday politics in international development institution, that will enrich our understanding of emerging powers and their roles in global development.” —Emma Mawdsley, Director of the Margaret Anstee Centre for Global Studies, University of Cambridge, UK
