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• 1942
• Banana money
• Tax receipts
• Application forms
• Women who wait
• Red flags
• 1962
• Conclusion : an uneasy calm.

Sexuality and gender diversity rights in Southeast Asia are deeply controversial and vigorously contested. Debate and protest have been accompanied by both legislative reform and discriminatory violence. These contradictory dynamics are occurring at a time when the international human rights regime has explicitly incorporated a focus on the prevention of violence and discrimination in relation to sexuality and gender diversity. This Element focusses on the need for such rights. This Element explores the burgeoning of civil society organisations engaged in an emancipatory politics inclusive of sexuality and gender diversity, utilising rights politics as a platform for visibility, contestation and mobilisation. This Element focusses on the articulation of political struggle through a shared set of rights claims, which in turn relates to shared experiences of violence and discrimination, and a visceral demand and hope for change.

• Constitutional resilience in South Asia : a primer / Swati Jhaveri, Tarunabh Khaitan and Dinesha Samaratne
• Institutional resilience and political transitions in Sri Lanka and beyond / Dian A.H. Shah and Mario Gomez
• Old powers and new forces in the Bhutanese constitution-- anticipating the resilience of a young constitution / Mihaela Windischgraetz
• Territorial dynamics in Sri Lanka : federalism, unitarianism and path dependence / Jayani Nadarajalingam and Zim Nwokora
• Proposing a solidarity-based (federal) solution for Sri Lanka / Erika Arban
• The constitutional resilience of human rights in new federal states : local government and the National Human Rights Commission in Nepal / Hari P. Dhungana and Iain Payne
• Killing a constitution with a thousand cuts : executive aggrandisement and party-state fusion in India / Tarunabh Khaitan
• Dysfunction and ad hocism in agenda setting : compromising of the Lok Sabha in India / Devendra Damle and Shubho Roy
• Dysfunctional resilience in the Afghan civil service / Ebrahim Afsah
• The Maldives : a parable of judicial crisis, institutional corrosion and democratic demise / Ahmed Nazeer
• Judicial evasion, judicial vagueness and judicial revisionism : a study of the NCT of Delhi v. Union of India Judgment(s) / Gautam Bhatia
• Sri Lanka's guarantor branch : constitutional resilience by stealth? / Dinesha Samaratne
• The South Asian fourth branch : desiging election commissions for constitutional resilience / Michael Pal
• Between trust and democracy : the Election Commission of India and the question of constitutional accountability / M. Mohsin Alam Bhat
• The turbulent journey and overlooked opportunities of electoral democracy in Bangladesh / Muhammad Omar Faruque
• Rescuing the agency and resilience of civilian political actors : civil-military relations in Pakistan, 2008-20 / Farhan Hanif Siddiqi
• A frozen democratic transition : Pakistan's hybrid regime and weak party system / Muhammad Salman and Marzia Raza
• Rethinking constitutional resilience from below : Dalit righs and land reform / Faizan Jawed Siddiqi
• Constitutional patriotism in India : appreciating the people as constitutional actors / Jahnavi Sindhu and Vikram Aditya Narayan
• Epilogue : resilience and political constitutionalism in South Asia and beyond / Philipp Dann.

"South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion"-- Provided by publisher.

• Introduction: Mapping the Buddhist-constitutional complex in Asia / Tom Ginsburg and Benjamin Schonthal
• Buddhism and constitutionalism in precolonial Southeast Asia / D. Christian Lammerts
• Theorising constitutionalism in Buddhist-dominant Asian polities / Asanga Welikala
• The Zhabdrung's legacy : Buddhism and constitutional transformation in Bhutan / Richard W. Whitecross
• The "trick of law" : the hermeneutics of early Buddhist law in Tibet / Martin A. Mills
• Tibetan Buddhist monastic constitutional law and governmental constitutional law : mutual influences? / Berthe Jansen
• Guardians of the law : Sinhala language and Buddhist reformation in postwar Sri Lanka / Krishantha Redricks
• Thai constitutions as a battle ground for political authority : Barami versus Vox Populi / Khemthong Tonsakulrungruang
• Establishing the king as the source of the constitution : shifting 'bricolaged' narratives of Buddhist kingship from Siam to Thailand / Eugénie Mérieau
• Buddhist constitutionalism beyond constitutional law : Buddhist statecraft and military ideology in Myanmar / Iselin Frydenlund
• Reconstituting the divided Sangha : Buddhist authority in post-conflict Cambodia / Benjamin Lawrence
• Constitutional Buddhism : Japanese Buddhists and constitutional law / Levi McLaughlin
• Governing Buddhism in Vietnam / Ngoc Son Bui
• The Buddhist Association of China and constitutional law in Buddhist majority nations : the international channels of influence / André Laliberté
• Governing "Lamaism" on the "frontier" : Buddhism and law in early twentieth-century inner Mongolia / Daigengna Duoer
• Buddhist constitutional battlegrounds : using the courts to litigate monastic celibacy in South Korea (1955-1970) / Mark A. Nathan
• On the familiar pleasures of estrangement / Deepa Das Acevedo
• Buddhism and constitutionalism : a comoparison with the canon law / Richard H. Helmholz
• Islam and Constitutional law : insights for the emerging field of Buddhist constitutional law / Clark B. Lombardi

"Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of "the Buddhist-constitutional complex," demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience"-- Provided by publisher

• Pacta sunt servanda, the common law, and Hong Kong / Stephen Hall
• Exceptions to pacta sunt servanda in the Chinese Civil Code / Siyi Lin
• In a Bubble by the Sea : COVID-19, time and contract law in the Macau S.A.R. / Célia F. Matias and Monica Chan
• Contracts in the time of COVID-19 : common law and statutory solutions in Singapore / Wayne Courtney
• The principle of pacta sunt servanda and its exceptions under Japanese contract law / Tomohiro Yoshimasa
• Change of circumstances in Korean contract law : an exception to pacta sunt servanda / Boeun Chang
• The property management service contract with Chinese characteristics : an exception to pacta sunt servanda? / Jianbo Lou and Yimeng Ye
• Pacta sunt servanda in the age of cryptocurrency : the case of China / Chao Xi
• Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servanda / Yalun Yen
• Pacta sunt servanda and the consumer’s right of withdrawal / Geraint Howells
• Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunami / Kingsley Ong
• Invoking COVID-19 to suspend or terminate the operation of a treaty / Hanh Hong Pham and Huong Thi Thu Phung
• Treaties and pacta sunt servanda : a shared concept for the PRC? / Noble Po-kan Lo
• Pacta sunt servanda : comfort letters in an age of instability and strategic rivalry / Joel Slawotsky
• Pacta sunt servanda : a maxim and its exceptions in comparative perspective / Normann Witzleb

"This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness.This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions"-- Provided by publisher

• Cover
• Half-title page
• Reviews
• Series page
• Title page
• Copyright page
• Contents
• List of Tables
• Acknowledgments
• Table of Cases
• Hong Kong
• India
• Malaysia
• Singapore
• United Kingdom
• Table of Legislation and Regulations
• Hong Kong
• India
• Malaysia
• Singapore
• United Kingdom
• United States
• List of Abbreviations
• 1 Introduction and Overview
• I. The Central Argument
• A. The New Legal Form
• B. Common Law Asian Jurisdictions
• II. Social Enterprises and Long-Term Value Creation
• A. Purpose
• B. Business Models
• 1. Base of Pyramid

• 2. Inclusive Business
• III. Social Enterprises in Asia
• A. Operating Domains
• B. Drivers
• C. Challenges
• D. Conflicts of Interest
• 1. Social Entrepreneurs v. Investors
• 2. Pro-social Investors/Members v. For-Profit Investors/Members
• 3. Social Entrepreneurs v. Consumers/Clients/Intermediaries
• E. Existing Legal Forms Adopted by Social Enterprises in Asia
• 1. Company Limited by Shares
• 2. Company Limited by Guarantee
• 3. Sole Proprietorship
• 4. Society
• 5. Partnership and Limited Liability Partnership
• 6. Cooperative Society
• IV. Structure
• 2 Corporate Purpose

• I. Introduction
• A. The Argument
• B. Distinction between Corporate Purpose, Corporate Object, and Corporate Interest
• II. Company Laws of Common Law Asia
• A. Hong Kong
• B. Singapore and Malaysia
• C. India
• 1. Section 166(2)
• 2. Section 135(5)
• III. UK Community Interest Company and US Public Benefit Corporation and Social Purpose Corporation
• A. UK Community Interest Company
• B. US Public Benefit Corporation and Social Purpose Corporation
• 1. Public Benefit Corporation
• 2. Social Purpose Corporation
• IV. A New Corporate Purpose
• A. Prioritization of Social Benefit

• B. Sufficient Particularity
• V. Enforceability
• A. Private Enforcement
• 1. Misrepresentation
• 2. Breach of Corporate Constitution
• B. Public Enforcement
• VI. Conclusion
• 3 Directors' Duties
• I. Introduction
• II. Directors' Duty to Act in Good Faith in the Company's Best Interests
• A. Common Law Asia
• 1. Best Interests of a Solvent Company
• a. Shareholder Value
• b. Stakeholder Value
• c. Long-Term Value and Viability
• 2. Shareholders' Governance Rights
• B. US Public Benefit Corporations and Social Purpose Corporations and UK Community Interest Companies

• 1. Delaware Public Benefit Corporations
• 2. California Social Purpose Corporations
• 3. UK Community Interest Companies
• C. Concluding Remarks
• D. Standard of Review
• III. Directors' Duty to Exercise Powers for Proper Purposes
• IV. Enforcement
• A. Giving Beneficiaries Enforcement Rights
• B. Public Enforcement
• V. Conclusion
• 4 Decision-Making Powers
• I. Introduction
• II. Problems with the Status Quo
• A. Opportunism by Shareholders
• B. Beneficiaries Given No Say
• III. Objections to Giving Beneficiaries Powers
• A. Disruption and Inefficiency

Advances a comprehensive and viable legal form for social enterprises in Asia; invaluable book for scholars, policymakers, regulators and NGOs.

• Intellectual property, creativity and innovation in ASEAN / Christoph Antons and Michael Blakeney
• Part I: Recent IP developments in individual ASEAN countries
• Intellectual property law in Singapore / Ng-Loy Wee Loon
• Intellectual property developments in Malaysia / Lim Heng Gee
• The state of intellectual property protection in the Philippines : what lies ahead? / Ferdinand M. Negre and Jonathan Q. Perez
• Brunei Darussalam : building an intellectual property system for a knowledge and innovation economy / Gabriel Garcia
• Intellectual property rights in South East Asian least developed countries : the cases of Cambodia, the Lao People's Democratic Republic, and Myanmar / Gabriel Garcia
• Part II: ASEAN intellectual property developments and the wider region
• Provisions on intellectual property in ASEAN free trade agreements : issues and implications in policy and implementation / Thitapha Wattanapruttipaisan
• The incremental development of the ASEAN-China strategic partnership for intellectual property / Peter K. Yu
• Part III: Comparative analysis of specific intellectual property issues in ASEAN
• The battle against digital copyright infringements in ASEAN / Hannah Yee-Fen Lim
• Intellectual property, farmers' rights and agriculture in the ASEAN countries / Christoph Antons and Michael Blakeney
• Enforcement of IPRs in ASEAN / Michael Blakeney
• Pharmaceutical patent laws in South East Asian countries / Christopher Arup

Contributed articles presented in the Second Prof. N R Madhava Menon SAARCLAW Mooting Competition and Law Students Conference, organized by Lloyd Law College, Greater Noida, in collaboration with SAARCLAW and Menon Institute of Legal Advocacy Training, held in 2017

• PART 1 INTRODUCTION 1. Introduction to Asian Consumer Law Geraint Howells (University of Galway, Ireland) and Hans-W Micklitz (European University Institute, Italy)
• PART 2 NATIONAL REPORTS 2. China Jin Jing (China University of Political Science and Law) 3. Hong Kong Mateja Durovic (King's College London, UK), Geraint Howells (University of Galway, Ireland), and Andre Janssen (Radboud University, the Netherlands) 4. India Ashok R Patil (National Law School of India University) 5. Indonesia Johannes Gunawan (Parahyangan Catholic University, Indonesia) and Bernadette M Waluyo (Parahyangan Catholic University, Indonesia) 6. Japan Hisakazu Hirose (University of Tokyo, Japan), Karl-Friedrich Lenz (Aoyama Gakuin University, Japan), and Tadashi Shiraishi (University of Tokyo, Japan) 7. Macau Dan Wei (University of Macau) and Angelo Patricio Rafael (University of Macau) 8. Malaysia Zalina Zakaria (University of Malaya, Malaysia) 9. Myanmar Remi Nguyen (Research Institute on Contemporary Southeast Asia, Thailand) 10. Singapore Gary Low (Lazada Singapore and RedMart (Alibaba Group), Singapore) 11. South Korea Shindong Jung (Gangneung-Wonju National University, South Korea) 12. Taiwan (Republic of China) Jerry G Fong (National ChengChi University, Taiwan) 13. Thailand Aimpaga Techaapikun (Thammasat University, Thailand) 14. Vietnam Nguyen Van Cuong (Ministry of Justice of Vietnam)
• PART 3 COMPARATIVE ANALYSIS 15. Information Duties and the Right of Withdrawal Meika Atkins (Curtin University, Australia) and Eileen Webb (The University of South Australia) 16. Sale of Goods: A Comparative Perspective Gail Pearson (University of Sydney, Australia) 17. A Comparative Analysis of the Regulation of Unfair Terms in Asia James P Nehf (Indiana University, USA) 18. Product Liability Michel Cannarsa (Lyon Catholic University, France) 19. Adaptation of Asian Consumer Law to the Digital Age Alberto De Franceschi (University of Ferrara, Italy) 20. Commercial Practices Hans-W Micklitz (European University Institute, Italy) 21. Access to Justice Marta Cantero Gamito (University of Tartu, Estonia) 22. Consumer Product Liability and Safety Regulation: ASEAN in Asia Luke Nottage (University of Sydney, Australia) and Sakda Thanitcul (Chulalongkorn University, Thailand)
• PART 4 ASIAN LAW IN COMPARATIVE PERSPECTIVE 23. European Union Consumer Law Mateja Durovic (King's College London, UK), Geraint Howells (University of Galway, Ireland), Andre Janssen (Radboud University, the Netherlands) and Hans-W Micklitz (European University Institute, Italy) 24. Regulation of Unfair Terms in Consumer Contracts: An American Perspective James P Nehf (Indiana University, USA) 25. Australasia Gail Pearson (University of Sydney, Australia) 26. Latin America Marta Cantero Gamito (University of Tartu, Estonia) 27. African Perspective Tjakie Naude (University of Cape Town, South Africa) 28. ASEAN Economic Integration and Consumer Protection in Southeast Asia Luke Nottage (University of Sydney, Australia) and Sakda Thanitcul (Chulalongkorn University, Thailand) 29. The Effect of the United Nations Guidelines on Consumer Protection on Consumer Law in Asia Mateja Durovic (King's College London, UK) and Jeremy Pui (King's College London, UK)
• PART 5 CONCLUSION 30. Some Concluding Remarks: Future Prospects for Consumer Law in Asia Mateja Durovic (King's College London, UK) and Andre Janssen (Radboud University, the Netherlands).
• (source: Nielsen Book Data)

This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
(source: Nielsen Book Data)