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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.

• Coercion meets pragmatism
• From James to regulatory pragmatism
• Examining regulatory pragmatism along the India-Nepal border
• Compliance in the absence of significant coercive capacity
• Inconsistent state action, inaccurate legal knowledge & non-compliance
• Accurate legal knowledge under adverse conditions
• Regulatory pragmatism outside of the forest
• Conclusion

State capacity is often equated with coercion. However, history has shown that it is extremely difficult for states with weak capacity to ensure compliance with their laws. In Capacity beyond Coercion, Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. Utilizing extensive data collected in adjacent districts in India and Nepal, she demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations. She argues that one such barrier is imperfect legal knowledge and shows how states that have engaged in what she terms "regulatory pragmatism" may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. Exploring two such efforts-delegated enforcement and information dissemination through local leaders, Ostermann demonstrates that states that suffer from limited coercive capacity but behave pragmatically can still bring about large-scale compliance. Given that many states have weak enforcement capacity, the findings in Capacity beyond Coercion point a way forward for more effective and responsive governance throughout the developing world.
(source: Nielsen Book Data)

• 1. The theoretical framework
• 2. Adoption of competition laws in India and Pakistan
• 3. The spread of competition laws across South Asia
• 4. Enforcing Indian and Pakistani competition acts: an overview of the authorities and their operations
• 5. Anti-competitive agreements and interpretive strategies in India and Pakistan
• 6. Understanding penalties in the context of the adoption process
• 7. The role of pre-existing legal systems in competition enforcement
• 8. Implementing competition laws across South Asia
• 9. Bridging the implementation gap.
• (source: Nielsen Book Data)

In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.
(source: Nielsen Book Data)

• 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

• 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

• Introduction
• 1. The foundation of the ASEAN investment regime
• 2. Tracing influences on the ASEAN investment regime
• 3. Positioning of the ASEAN investment regime
• 4. Synthesis
• Conclusion.
• (source: Nielsen Book Data)

In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
(source: Nielsen Book Data)

• 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.

• The theoretical framework
• Adoption of competition laws in India and Pakistan
• The spread of competition laws across South Asia
• Enforcing Indian and Pakistani Competition Acts : an overview of the authoritie and their operations
• Anti-competitive agreements and interpretive strategies in India and Pakistan
• Understanding penalties in the context of the adoption process
• The role of pre-existing legal systems in competition enforcement
• Implementing competition laws across South Asia
• Bridging the implementation gap.

"In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe"-- Provided by publisher.

• 1. Introduction
• 2. Confucian Culture and Its Influence in East Asia
• 3. Confucian Business Culture and Its Implications for Competition Law
• 4. Confucian Corporate Culture and Competition Compliance
• 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law
• 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement
• 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct
• 8. Conclusion.
• (source: Nielsen Book Data)

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.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Confucian Culture and Its Influence in East Asia
• 3. Confucian Business Culture and Its Implications for Competition Law
• 4. Confucian Corporate Culture and Competition Compliance
• 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law
• 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement
• 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct
• 8. Conclusion.
• (source: Nielsen Book Data)

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.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Reasons for convergence
• 3. Convergence on structured proportionality
• 4. Convergence on innovative constitutional remedies
• 5. Limits on convergence
• 6. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Reasons for convergence
• 3. Convergence on structured proportionality
• 4. Convergence on innovative constitutional remedies
• 5. Limits on convergence
• 6. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
(source: Nielsen Book Data)

• 1. Northeast Asian Constitutional Foundings: The Weight of History Kevin YL Tan, National University of Singapore
• 2. The 1954 Constitution of China: Empire State-Building Humphrey Ko, University of Hong Kong
• 3. The Making of the Constitutional Order of the Hong Kong SAR: The Role of Sino-British Diplomacy (1982-90) Albert HY Chen, University of Hong Kong, and Michael Ng, University of Hong Kong
• 4. Macao's Constitutional Founding Xiaobo Zhai, University of Macau
• 5. The Birth of the Constitution of the Republic of China Chien-Chih Lin, Institutum Iurisprudentiae, Academia Sinica, Taiwan 6. The Meiji Constitution and Japan's Emergence in the International Order, 1853-1905 Kentaro Matsubara, University of Tokyo, Japan
• 7. Thirty Years Old at Birth? The Constitutional Founding of the Republic of Korea Chaihark Hahm, Yonsei University, South Korea
• 8. Constitutional Founding of the Democratic People's Republic of Korea Erik Mobrand, Seoul National University, South Korea 9. The 1924 Constitution: Towards the Modernisation of Mongolia Amarsanaa Batbold, National University of Mongolia and Chadraabal Unurbayar, National University of Mongolia.
• (source: Nielsen Book Data)

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.
(source: Nielsen Book Data)

• 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)

• 1. Introduction Gary Low
• 2. Uniform law and the production and circulation of legal models Luca Castellani
• 3. Convergence, divergence and diversity in financial law: The experience of the UNCITRAL model law and cross-border insolvency Andrew Godwin
• 4. The New York convention and the UNCITRAL model law on international commercial arbitration: Existing models for legal convergence in Asia? Michael Hwang
• 5. Convergences and divergences: Comparing contractual and organizational models in international regulatory cooperation Fabrizio Cafaggi
• 6. Law as a market standard: Voluntary unification in contract and company law Andreas Engert
• 7. Is the harmonisation of Asian contract law possible? The example of the European Union Mateja Durovic and Geraint Howells
• 8. The presumption of regularity in Chinese corporate contracting: Evidence and the prospect of regional convergence Charles Zhen Qu
• 9. Mind the gap: Studying the implementation discrepancy for the ASEAN economic community Sanchita Basu Das
• 10. The rule of law as key to the ASEAN legal order: How can it be ensured? Francis Jacobs
• 11. How Asian should Asian law be? Ralf Michaels.
• (source: Nielsen Book Data)

There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
(source: Nielsen Book Data)

• 1. Introduction Gary Low
• 2. Uniform law and the production and circulation of legal models Luca Castellani
• 3. Convergence, divergence and diversity in financial law: The experience of the UNCITRAL model law and cross-border insolvency Andrew Godwin
• 4. The New York convention and the UNCITRAL model law on international commercial arbitration: Existing models for legal convergence in Asia? Michael Hwang
• 5. Convergences and divergences: Comparing contractual and organizational models in international regulatory cooperation Fabrizio Cafaggi
• 6. Law as a market standard: Voluntary unification in contract and company law Andreas Engert
• 7. Is the harmonisation of Asian contract law possible? The example of the European Union Mateja Durovic and Geraint Howells
• 8. The presumption of regularity in Chinese corporate contracting: Evidence and the prospect of regional convergence Charles Zhen Qu
• 9. Mind the gap: Studying the implementation discrepancy for the ASEAN economic community Sanchita Basu Das
• 10. The rule of law as key to the ASEAN legal order: How can it be ensured? Francis Jacobs
• 11. How Asian should Asian law be? Ralf Michaels.
• (source: Nielsen Book Data)

There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
(source: Nielsen Book Data)

• 1. Introduction and Theoretical Framework 1.1. Overview 1.2. Restructuring Models in Anglo-America and Asia 1.3. Understanding the Interaction between Corporate Governance and Restructuring Law 1.4. Building an Analytical Framework 1.5. Methodology 1.6. Organisation of the Book 2. Development of Corporate Restructuring Law in Four Asian Jurisdictions 2.1. Introduction 2.2. Emerging Jurisdictions 2.3. Advanced Jurisdictions 2.4. Conclusion
• 3. The Agency Costs of Manager-Creditor and Shareholder-Creditor Relationships in Restructuring 3.1. Introduction 3.2. Institutional and Organisational Background 3.4. Addressing Information Asymmetry and Hold-Out Problems in Asian Restructurings 3.5. Enhancing the Restructuring Regime: Lessons and Implications 3.6. Conclusion
• 4. The Agency and Coordination Costs of Creditor-Creditor Relationships in Restructuring 4.1. Introduction 4.2. Institutional and Organisational Background 4.3. Strategies to Deal with Agency and Coordination Costs of Creditor-Creditor Conflicts in Anglo-American Restructurings 4.4. The Features of Asian Restructurings 4.5. Enhancing the Restructuring Regime in Asia: Lessons and Implications 4.6. Conclusion
• 5. Managing Non-Performing Loans and their Impact on Agency and Coordination Costs in Two Emerging Jurisdictions 5.1. Introduction 5.2. Institutional and Organisational Background in the International Context for Resolving NPLs 5.3. Institutional Background to NPLs in India and Mainland China 5.4. AMCs and Variations to Agency and Coordination Costs in Restructuring 5.5. Developing Active Distressed Loan Markets in India and Mainland China 5.6. Conclusion, Lessons and Implications for Managing NPLs 5.7. Postscript
• 6. Insolvency Practitioners as Gatekeeper Intermediaries 6.1. Introduction 6.2. Role of Insolvency Practitioners: A Comparative Perspective 6.3. The Governance of Intermediaries: Accountability, Conflicts of Interest and Effectiveness 6.4. Lessons, Implications and Options for Reform in Asian Jurisdictions 6.5. Conclusion
• 7. Role of the Courts in Court-Supervised Restructurings 7.1. Introduction 7.2. Legislative Framework and Judicial Discretion in the US and the UK: Strengths and Limitations 7.3. Legislative Framework and Judicial Discretion in Asia 7.4. Lessons and Implications 7.5. The Experience of Mainland China 7.6. Conclusion
• 8. Relationship between Restructuring Law, Enforcing Contracts and Directors' Duties 8.1. Introduction 8.2. Impact of Enforcing Creditor Rights on Restructuring Law 8.3. Analysis 8.4. Directors' Duties and Incentives to Invoke or Use Restructuring Law 8.5. Conclusion
• 9. Restructuring Law, Implications for Reform and Conclusion 9.1. Introduction 9.2. Seven Propositions in this Book 9.3. Future Prospects for Reform in the Asian Jurisdictions 9.4. Conclusion.
• (source: Nielsen Book Data)

This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed - or are considering reforming - their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.
(source: Nielsen Book Data)

• Introduction. Human dignity, human rights, and cultural change in Asia Jimmy Chia-Shin Hsu
• 1. Human dignity in Indian constitutional adjudication Pritam Baruah
• 2. The development of individual dignity in Japan: Overcoming constraints in law, family and society Keigo Obayashi
• 3. Constitutional discourse on human dignity in South Korea: A critical appraisal Chaihark Hahm
• 4. Human dignity in the jurisprudence of the Taiwan constitutional court Jimmy Chia-Shin Hsu
• 5. The dignity Factor: Interpreting the Philippine constitution J. R. Robert Real
• 6. Human dignity in the jurisprudence of the Indonesian constitutional court Nadirsyah Hosen
• 7. Dignity as a constitutional value in Hong Kong: Toward a contextual approach? Kelley Loper
• 8. Human dignity and relational constitutionalism in Singapore Li-ann Thio
• 9. Personal dignity under Chinese constitutional law Xiaobo Zhai
• 10. Virtue, dignity, and constitutional democracy: A Confucian perspective Sungmoon Kim
• 11. Buddhist philosophical approaches to human dignity Anton Sevilla-Liu
• 12. Dignity and status in ancient and medieval India Timothy Lubin
• 13. Human dignity, Pancasila, and Islam: contexts and contestations in Indonesia Etin Anwar
• 14. Catholicism and human dignity in the Philippines Jonathan T. Chow
• 15. Protestantism and human dignity in South Korea JinHyok Kim
• Index.
• (source: Nielsen Book Data)

Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.
(source: Nielsen Book Data)

• Introduction. Human dignity, human rights, and cultural change in Asia Jimmy Chia-Shin Hsu
• 1. Human dignity in Indian constitutional adjudication Pritam Baruah
• 2. The development of individual dignity in Japan: Overcoming constraints in law, family and society Keigo Obayashi
• 3. Constitutional discourse on human dignity in South Korea: A critical appraisal Chaihark Hahm
• 4. Human dignity in the jurisprudence of the Taiwan constitutional court Jimmy Chia-Shin Hsu
• 5. The dignity Factor: Interpreting the Philippine constitution J. R. Robert Real
• 6. Human dignity in the jurisprudence of the Indonesian constitutional court Nadirsyah Hosen
• 7. Dignity as a constitutional value in Hong Kong: Toward a contextual approach? Kelley Loper
• 8. Human dignity and relational constitutionalism in Singapore Li-ann Thio
• 9. Personal dignity under Chinese constitutional law Xiaobo Zhai
• 10. Virtue, dignity, and constitutional democracy: A Confucian perspective Sungmoon Kim
• 11. Buddhist philosophical approaches to human dignity Anton Sevilla-Liu
• 12. Dignity and status in ancient and medieval India Timothy Lubin
• 13. Human dignity, Pancasila, and Islam: contexts and contestations in Indonesia Etin Anwar
• 14. Catholicism and human dignity in the Philippines Jonathan T. Chow
• 15. Protestantism and human dignity in South Korea JinHyok Kim
• Index.
• (source: Nielsen Book Data)

Using interdisciplinary methods, this book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies. This is an innovative systematic survey of how human dignity is understood in Asia, demonstrating how those understandings converge and diverge with other parts of the world. Synthesising legal, philosophical, and sociological expertise, this volume furthers the dialogue between Asia and the West, and advances debates on whether human rights are universal or particular to any one region. As many of the world's liberal democracies are challenged by polarization and populism, this comparative study of human dignity broadens our horizons and offers a potential alternative to a rigidified social imagination.
(source: Nielsen Book Data)

• The Internalisation of Investment Treaties and the Rule of Law Promise / N. Jansen Calamita and Ayelet Berman
• The Impact of Investment Treaties on the Rule of Law in India / Prabhash Ranjan
• The Impact of Investment Treaties on the Rule of Law in Indonesia / John Lumbantobing
• The Impact of Investment Treaties on the Rule of Law in Korea / Younsik Kim
• The Impact of Investment Treaties on the Rule of Law in Myanmar / Jonathan Bonnitcha
• The Impact of Investment Treaties on the Rule of Law in Singapore / Dafina Atanasova
• The Impact of Investment Treaties on the Rule of Law in Sri Lanka / Sachintha Dias
• The Impact of Investment Treaties on the Rule of Law in Thailand / Teerawat Wongkaew
• The Impact of Investment Treaties on the Rule of Law in Viet Nam / Tran Viet Dung
• Assessing the Rule of Law Promise : The Impact of Investment Treaties on National Governance / N. Jansen Calamita and Ayelet Berman.

"Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making"--Publisher's description.