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Law Library (Crown)
Book
xviii, 232 pages ; 24 cm.
  • 1. Introduction
  • Part I. Dominant-Party Democracies
  • 2. Supreme Court of Singapore and the promise of enforceable constitutional conventions
  • 3. Malaysian courts and electoral fraud
  • 4. Hong Kong Courts and constitutional contradictions
  • Part II. Dynamic Democracies
  • 5. Supreme Court of India and criminality in politics
  • 6. Constitutional court of Taiwan and calibrated judicial review
  • 7. Constitutional court of Korea and systemic electoral barriers
  • Part III. Fragile Democracies
  • 8. Constitutional court of Thailand and partisan judges
  • 9. Supreme Court of Pakistan: accommodation and defiance of military authority
  • 10. Supreme Court of Bangladesh and defensive judicial review
  • Part IV. Democratic Values and Courts in Comparative Perspective
  • 11. Democratic values and the conundrum of unconstitutional constitutional amendments
  • 12. Conclusion.
"What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan, and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law"-- Provided by publisher.
Law Library (Crown)
Book
xxv, 236 pages : illustrations ; 24 cm
  • 1. From ASEAN way to the ASEAN Charter: towards the rule of law?-- 2. Conceiving the rule of law in ASEAN integration-- 3. Beyond supranationalism: the European Union as inspiration for ASEAN integration-- 4. Limiting sovereignty and the limits of judicial authority in regional integration-- 5. Rule of law or rule through law in Southeast Asia-- 6. ASEAN community and building the law regime in ASEAN-- 7. Soft regulation and informal rule making in the AEC-- 8. Conclusion: in search of the rule of law in ASEAN.
  • (source: Nielsen Book Data)9781107193604 20171009
An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
(source: Nielsen Book Data)9781107193604 20171009
Green Library
Book
xxv, 236 pages ; 24 cm
  • 1. From ASEAN way to the ASEAN Charter: towards the rule of law?-- 2. Conceiving the rule of law in ASEAN integration-- 3. Beyond supranationalism: the European Union as inspiration for ASEAN integration-- 4. Limiting sovereignty and the limits of judicial authority in regional integration-- 5. Rule of law or rule through law in Southeast Asia-- 6. ASEAN community and building the law regime in ASEAN-- 7. Soft regulation and informal rule making in the AEC-- 8. Conclusion: in search of the rule of law in ASEAN.
  • (source: Nielsen Book Data)9781107193604 20171009
An interdisciplinary work that comparatively studies rule of law practices and the relationship between the rule of law and regional integration, a topic largely explored in European integration. By looking at the function of the rule of law in ASEAN rather than what it 'means' measured on normative conception, the book situates the rule of law in broader institutional and political processes in the member states and in regional relations to show the motivations of member states in adopting a peculiar type of regional architecture. It asks whether forging the rule of law in the region can help build it internally for member states. The book revisits discourses on the 'spill-over' of economic integration, the impact of globalization in reshaping the state and generating new tools of the rule of law. It makes a comprehensive comparison - the European Union, Africa Union and MERCOSUR - showing the uneven pathways to rule of law in various contexts.
(source: Nielsen Book Data)9781107193604 20171009
Law Library (Crown)
Book
xix, 294 pages ; 24 cm
Law Library (Crown)
Book
vi, 84 pages ; 24 cm.
  • Introduction
  • Evolution, overview and status of the UN Watercourses Convention, the UNECE Water Convention and the Mekong Agreement
  • Comparing the Mekong Agreement, the UN Watercourses Convention and the UNECE Water Convention
  • Can the UN Watercourses Convention and the UNECE Water Convention assist in strengthening governance in the Mekong and beyond?
Entry into force of the UN Watercourses Convention in August 2014, and the opening of the UNECE Water Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement reveals that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up-to-date, robust and practical. The Governance Regime of the Mekong River Basin: Can the Global Water Conventions Strengthen the 1995 Mekong Agreement? contends that strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Due to these fast-moving developments, Kinna and Rieu-Clarke strongly recommend that the Mekong states should seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.
(source: Nielsen Book Data)9789004345690 20170829
Law Library (Crown)
Book
xiv, 448 pages ; 25 cm
  • ASEAN
  • Brunei
  • Cambodia
  • Indonesia
  • Lao People's Democratic Republic
  • Malaysia
  • Myanmar
  • The Philippines
  • Singapore
  • Thailand
  • The Democratic Republic of Timor-leste
  • Vietnam.
"[This book] is a...reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors."-- Back cover.
Law Library (Crown)
Book
xxvii, 327 pages : illustrations ; 24 cm
  • Forward Preface Acknowledgments Part I: Introduction and Conceptual Framework Chapter 1: The "Grand Challenge" of Disability and Development in ASEAN, by Derrick L. Cogburn Chapter 2: Conceptual Foundations of CRPD Implementation: Theory, Data and Methods, by Derrick L. Cogburn Part II. Country Case Studies Implementing the CRPD in ASEAN Chapter 3: Understanding National Implementation of the CRPD in the Philippines, by John Paul Cruz Chapter 4: Understanding National Implementation of the CRPD in Thailand, by Naparat Kranrattanasuit, Issavara Sirirungruang, Nantanoot Suwannawut Chapter 5: Understanding National Implementation of the CRPD in Lao PDR, by Paula Appelhans Chapter 6: Understanding National Implementation of the CRPD in the Malaysia, by Ruzita Mohd Amin, Rohana Jani, and Norhayati Zakaria Chapter 7: Understanding National Implementation of the CRPD in Indonesia, by Irwanto and Slamet Thohari Chapter 8: Understanding National Implementation of the CRPD in Myanmar, by Paula Appelhans Chapter 9: Understanding National Implementation of the CRPD in Cambodia, by Khy Huy Chapter 10: Understanding National Implementation of the CRPD in Singapore, by Meng Ee Wong, May Low, and Paula Appelhans Chapter 11: Understanding National Implementation of the CRPD in Vietnam, by Giang Phan Chapter 12: Understanding National Implementation of the CRPD in Brunei, by Khy Huy Part III. Meta-Analyses, Regional Implications and Recommendations Chapter 13: Implementing the United Nations Convention on the Rights of Persons with Disabilities: A Cross-Case Comparative Analysis of CRPD Implementation in ASEAN, by Derrick L. Cogburn Chapter 14: CRPD Implementation in ASEAN: Implications for Human Rights, by Tina Kempin Reuter Chapter 15: Global Legal Norm Diffusion and CRPD Implementation in ASEAN, by Robert Dinerstein Chapter 16: Conclusions and Recommendations to "Make the Right Real" in Southeast Asia, by Tina Kempin Reuter and Derrick L. Cogburn Appendix A: The Convention on the Rights of Persons with Disabilities Appendix B: Optional Protocol to the Convention on the Rights of Persons with Disabilities About the Contributors.
  • (source: Nielsen Book Data)9781498526913 20170522
This book evaluates the national implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in ASEAN. Working with country-specific research teams, the contributors compiled detailed case-studies of CRPD implementation in each country in ASEAN. This book presents a detailed overview of the problem, the relevant literature, and the conceptual framework, and then it explores the implementation of the CRPD in each of the ten countries in Southeast Asia. Details include the factors that influenced each country to ratify the CRPD, the focal point structure of implementation, the independent mechanism established to monitor the implementation, and the civil society organizations involved. This book also evaluates the implications of CRPD implementation for human rights and development in ASEAN, including the degree of institutionalized support for persons with disabilities, the development objectives of the CRPD against the strategic objectives of the ASEAN economic community and the broader ASEAN community, and the way these developments compare with those in other countries and regions. Working with country-specific research teams, the editors compiled detailed case-studies of CRPD implementation on each country in ASEAN. This book presents a detailed overview of the problem and the relevant literature. The contributors also offer conclusions on the research and national and ASEAN-level recommendations for moving forward.
(source: Nielsen Book Data)9781498526913 20170522
Green Library
Book
vi, 50 pages ; 24 cm.
In this work, Christopher Chen examines and compares the regulation of over-the-counter derivatives in Hong Kong and Singapore, the two largest international financial centres in Asia Pacific. Chen analyses current or proposed regulations on trade reporting, centralised clearing and mandatory exchange trading mandates regarding OTC derivatives against the backdrop of reforms of international financial regulatory structure after the global financial crisis. The article also relates the reforms in Asia to development in major Western markets such as the US, the UK or the European Union. Apart from technical comparison and dissecting of content of rules from different angles, his work also examines the rationale behind those reforms and policy concerns behind Asian adoption of the regulatory mandates prescribed by G20 as well as potential policy concerns (such as competition and extraterritoriality) in a market that is dominated by Western banks.
(source: Nielsen Book Data)9789004343399 20170424
SAL3 (off-campus storage)
Book
xiv, 360 pages ; 24 cm.
  • Contesting constitutionalism : constitutional politics in Southeast Asia / Björn Dressel and Marco Bünte
  • Ways of constitution-making in Southeast Asia : actors, interests, dynamics / Aurel Croissant
  • Delaying constitutionalism to protect establishment hegemony in Thailand : designing the election system and the senate in the constitution of 2007 / Michael Nelson
  • Constitutionalism old and new in the "UN Kingdom of Timor Leste" / Rui Graça Fejó
  • Constitutional change and security forces : lessons from Thailand, Myanmar and the Philippines / Paul Chambers
  • Embedding praetorianism : soldiers, state and constitutions in Myanmar / Renaud Egreteau
  • The legal-military alliance for illiberal constitutionalism in Thailand / Eugénie Mérieau
  • Human rights in Southeast Asia : from contestation to compliance? / Marco Bünte
  • Undermining religious minority rights in Indonesia and Malaysia : fragile coalitions, wavering executive chiefs and rogue groups as proxies / Andreas Ufen
  • Vietnam's constitutional politics in focus : investigating the arenas of the rule of law and human rights / Bui Hai Thiem
  • Racial politics and imperatives and the constitutional special position of the indigenous Malays in a new society : asserting interests and the non-contestation of rights in Singapore's communitarian constitutionalism / Eugene K.B. Tan
  • Courts and constitutional politics in Southeast Asia / Björn Dressel
  • Contesting constitutionalism in Vietnam : the justifications and proposed models of judicial review in the 2013 amendment process / Huong Nguyen
  • Constitutional politics and the Philippine Supreme Court : the role of public support in mitigating politicization of the judiciary / Imelda Deinla
  • Rule of law in illiberal contexts : Cambodia and Singapore as exemplars / Stephen McCarthy and Kheang Un
  • Constitutionalism, the rule of law and religious freedom in Malaysia / Malik Imtiaz Sarwar.
In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.
(source: Nielsen Book Data)9781138847545 20160919
Law Library (Crown)
Book
xxxii, 442 pages ; 25 cm
  • South Asian legal systems and families in foreign courts : the British case / Prakash Shah
  • Choice of law in international commercial arbitration / Markus A. Petsche
  • The Hague Convention on choice of court agreements : should the European Union's footsteps be followed? / Poomintr Sooksripaisarnkit
  • Conflict of laws : state practice in Afghanistan / Wali Mohammed Naseh
  • Cross-border divorce regime in Bangladesh / Sanwar Hossain
  • Cross-border divorce decrees : recognition in India and public policy considerations / Vasanti Nimushakavi
  • Foreign judgments in matrimonial disputes : recognition in Nepal and public policy considerations / Srijana Regmi
  • Cross-border divorce : Sri Lankan state practice / M.P.S. Kaushani Pathirana
  • Cross-border surrogacy : Indian state practice / Stellina Jolly
  • Inter-country child abduction : Indian legal response / Molshree A. Sharma
  • Inter-country child abduction : Pakistan’s legal response / Sarmad Ali
  • Inter-country child abduction : Sri Lankan legal response / Rose Wijeyeskera
  • Conflict of laws : state practice of Bangladesh / Mohammed Abdur Razzak
  • Issues of jurisdiction, choice of law and enforcement in international commercial arbitration : a Bangladesh perspective / Maimul Ahsan Khan
  • Enforcement of foreign arbitral awards in Bangladesh / Sameer Sattar
  • Issues of jurisdiction, choice of law and enforcement in international arbitration : an Indian perspective / Sai Ramani Garimella
  • Issues of jurisdiction, choice of law and enforcement in international arbitration : a Nepal perspective / Gandhi Pandit and Avdhesh Pant
  • Issues of jurisdiction, choice of law and enforcement in international arbitration : a Pakistan perspective / Ijaz Ali Chisti
  • Issues of jurisdiction, choice of law and enforcement in international arbitration : a Sri Lankan perspective / Saleem Marsoof
  • Private international law issues in intellectual property cases in India / Vandana Singh
  • Private international law in South Asia : a few pointers for Harmonization / Bruno Zeller.
This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law - jurisdiction, choice of law and enforcement - within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region - inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
(source: Nielsen Book Data)9789811034572 20170814
Law Library (Crown)
Book
xiv, 431 pages ; 26 cm.
  • What is 'Asian law'? : Asia in law, the humanities and social sciences / Christoph Antons
  • Law; networks; mobility : nineteenth century provocations / Iza Hussin
  • East Asia and the study of law and development / John Ohnesorge
  • A new China model for the post global financial crisis era : legal dimensions / Randall Peerenboom
  • Constitutions, constitutional practice, and constitutionalism in East Asia / Albert H.Y. Chen
  • The Vietnamese courts and reform dynamics / Pip Nicholson and Cait Storr
  • The role of lawyers in South and East Asia / Yves Dezalay and Bryant G. Garth
  • The political determinants of corporate reorganization in China / Roman Tomasic and Zinian Zhang
  • Clusters and links in Asian intellectual property law / Peter K. Yu
  • Innovation governance competition : comparing India's and China's electronic commerce development strategies / Jane K. Winn
  • Foreign investment law : Asian investment and the growth of regional investment agreements / Vivienne Bath and Luke Nottage
  • National control over local lawmaking in Indonesia / Simon Butt
  • Forestry law, masyarakat adat, and struggles for inclusive citizenship in Indonesia / Noer Fauzi Rachman and Mia Siscawati
  • Legal and cultural landscapes : cultural and intellectual property concepts and the 'safeguarding' of intangible cultural heritage in Southeast Asia / Christoph Antons
  • Transnational sustainability certification as a new extraterritoriality? / Peter Vandergeest
  • The regulation of innovation in agriculture and sustainable development in India and Southeast Asia / Rajeswari Kanniah and Christoph Antons
  • Institutionalising property : new land law in a new nation-state / Daniel Fitzpatrick
  • Water law in India / Phillipe Cullet
  • Islamic courts or courts for Muslims? : Shari'a and the state in Indonesia, Malaysia, and Singapore / Tim Lindsey
  • Indigenous peoples : indigeneity, indigeny or indigenism? / Geoffrey Benjamin
  • Lèse-majesté, Asian style : crisis of monarchy in pre-war Japan and present-day Thailand / David Streckfuss
  • The construction of ethnicity in colonial law and its legacy : the example of the Peranakan Chinese in Indonesia / Rosy Antons-Sutanto and Christoph Antons.
The Routledge Handbook of Asian Law is a cutting-edge and comprehensive resource which surveys the interdisciplinary field of Asian Law. Written by an international team of experts, the chapters within cover issues as diverse as family law and Islamic courts, decentralisation and the revival of traditional forms of law, discourses on the rule of law, human rights, corporate governance and environmental protection The volume is divided into five parts covering: * Asia in Law, and the Humanities and Social Sciences; * The Political Economy of Law in Asia - Law in the Context of Asian Development; * Asian traditions and their transformations; * Law, the environment, and access to land and natural resources; * People in Asia and their rights. Offering an overview of the full spectrum of Law in Asia, the Handbook is an invaluable resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field.
(source: Nielsen Book Data)9780415659406 20170220
Law Library (Crown)
Book
xxiv, 253 pages : illustrations ; 25 cm.
  • Contents: 1. General Introduction PART I INTRODUCTION: MAPPING THE GROWTH OF THE INTERNATIONAL LAW OF FOREIGN INVESTMENT IN THE ASIA-PACIFIC REGION 2. ASEAN as an Important Investment Destination 3. Emergence of Asian Noodle Bowl of IIAs 4. Recent Phenomena: The Rise of Plurilateral Agreements With Wider Scope PART II ACIA AS A MILESTONE IN ASEAN HISTORY 5. The Asean Economic Community and the Asean Investment Framework 6. ASEAN Investment Scenario PART III THE SUBSTANTIVE REGIME OF THE ACIA 7. Investment Liberalisation 8. Scope of the Agreement: The Investment and the Investor 9. Principle of Non-Discrimination 10. Standards of Protection: Protecting Investors and Investments 11. Other Substantive Rules 12. Exceptions Under ACIA PART IV ACCESS TO DISPUTE SETTLEMENT MECHANISMS 13. Dispute Settlement PART V THE EMERGENCE OF AN ASEAN EXTERNAL INVESTMENT POLICY 14. ASEAN+DP Investment Agreements 15. Salient Similarities and Differences of ASEAN+DP PTAs 16. Cross Benefits of ACIA and ASEAN+DP PTAs PART VI CONCLUSION 17 Conclusion Index.
  • (source: Nielsen Book Data)9781785360015 20161213
The international law of foreign investment is one of the fastest growing areas of international economic law and policy which increasingly rely on large membership investment treaties such as the ASEAN Comprehensive Investment Agreement (ACIA). This book comprehensively examines the role of this specific international treaty on investment and situates it in the wider global trend towards the regionalisation of laws and policy on foreign investment. Considering the state of the ASEAN Economic Community in 2015 and its transformation until 2025, Julien Chaisse and Sufian Jusoh illustrate the pivotal role ACIA has to play in future international investment law negotiations and the benefits to ASEAN and third country investors and their investments. Collective commitment to a common standard contributes to depoliticise any potential conflict between individual investors and host states, making the agreement particularly crucial to discussions involving ASEAN Member States and between ASEAN and Dialogue Partners as well as to investment decisions including investment liberalisation and investment facilitation. Offering the first detailed analysis of ACIA and its applications, this book will prove essential reading for legal practitioners in the field of international investment law as well as researchers and students studying the ASEAN Economic Community and its contemporary moulding.
(source: Nielsen Book Data)9781785360015 20161213
Green Library
Book
xviii, 251 pages ; 22 cm.
  • Introduction: Exploring environmental law in Southeast Asia
  • ASEAN and environmental sustainability
  • Integrating sustainability into ASEAN state practice
  • The environment in the ASEAN region
  • Environmental sustainability laws in the ASEAN Member States
  • ASEAN collaboration toward environmental sustainability
  • ASEAN and climate disruption
  • Conclusion: ASEAN's challenging way forward.
While the environmental performance of most ASEAN member states is above the world average, ASEAN nations will continue to face growing environmental challenges due to pressures exerted on them such as population growth, urbanization and industrialization. The authors of this book look at how the member states of ASEAN employ law as a means of regional integration within the context of environmental conservation. While the goal of new laws is to implement sustainable development, it continues to be an ongoing adaptive process, since clear and immediate answers to environmental challenges are rarely available. Readers of this book will gain a clear idea of the evolving cooperation for sustainability within ASEAN at regional and global levels, and the areas of focus for the future. The book will be of interest to policy and decision makers, as well as environmental organizations and academics in the field.
(source: Nielsen Book Data)9781316604311 20161205
Law Library (Crown)
Book
xiv, 402 pages : illustrations, maps ; 24 cm
  • Part one: The legal structures of ombudsman and similar public institutions in Asia : legal comparative analysis
  • Introduction
  • Institutional structure
  • Relationship with the administration, legislature and judiciary
  • Powers of the institutions
  • Classification of institutions
  • Part two: Different jurisdictions
  • Part three: Tables and diagrams
  • Preface
  • Organization
  • Access to the institution
  • Subject of the investigation
  • Standard of investigation
  • Powers
  • Miscellaneous.
"This book provides a...representation of the legal bases of ombudsman and similar public institutions in Asia, analysing them in a comparative manner and thereby revealing their organisational and functional diversity. The ombudsman concept has been distinctly received in Asia, due to diverse systems of government and prior legal traditions, contributing to the particular development of such institutions...The book starts with a comparative legal analysis, followed by eighteen uniformly structured reports on institutions in various Asian states and regional entities. The final section contains statistics and data illustrating the previous sections. Al content is based upon the applicable legal bases, responses of institutions to questionnaires and information derived from activity reports."-- Back cover.
Law Library (Crown)
Book
vii, 226 pages ; 24 cm.
  • Classical Confucian constitutionalism
  • Imperial Confucian constitutionalism
  • Toward an East Asian model of constitutionalism.
Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
(source: Nielsen Book Data)9781138852068 20170117
Law Library (Crown)
Book
x, 211 pages ; 24 cm.
  • Eastminster : decolonisation and state-building in British Asia / H. Kumarasingham
  • British constitutional thought and the emergence of bills of rights in Britain's overseas territories in Asia at decolonization / Charles O.H. Parkinson
  • Discretionary reserve powers of heads of state / Anne Twomey
  • A British misreading : Sir Ivor Jennings' early assessment of the Indian constitution / Shubhankar Dam
  • Pakistan's first decade : democracy and constitution : a historical appraisal of centralization / Tahir Kamran
  • "Specialist in omniscience"? : nationalism, constitutionalism, and Sir Ivor Jennings' engagement with Ceylon / Asanga Welikala
  • Constitutionalism and constitution making in Malaysia, 1956-57 / Joseph M. Fernando
  • Constitution drafting as Cold War realpolitik : Sir Ivor Jennings and Nepal's 1959 constitution / Mara Malagodi
  • Sir William Ivor Jennings : a centennial paper / A.W. Bradley.
Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
(source: Nielsen Book Data)9780415734585 20170731
Law Library (Crown)
Book
x, 211 pages ; 25 cm.
  • 1. Eastminster - Decolonisation and State-Building in British Asia H. Kumarasingham 2. British constitutional thought and the emergence of bills of rights in Britain's overseas territories in Asia at decolonization Charles O. H. Parkinson 3. Discretionary reserve powers of heads of state Anne Twomey 4. A British Misreading: Sir Ivor Jennings' Early Assessment of the Indian Constitution Shubhankar Dam 5. Pakistan's First Decade: Democracy and Constitution - A Historical Appraisal of Centralization Tahir Kamran 6. 'Specialist In Omniscience'? Nationalism, Constitutionalism, And Sir Ivor Jennings' Engagement With Ceylon Asanga Welikala 7. Constitutionalism and the politics of constitution-making in Malaya, 1956-1957 Joseph M. Fernando 8. Constitution Drafting as Cold War Realpolitik: Sir Ivor Jennings and Nepal's 1959 Constitution Mara Malagodi 9. Sir William Ivor Jennings: A Centennial Paper A. W. Bradley.
  • (source: Nielsen Book Data)9780415734585 20160725
Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
(source: Nielsen Book Data)9780415734585 20160725
Green Library
Book
xxxiii, 367 pages ; 26 cm
  • 1. Introduction: Drugs Law and Practice in Indonesia, Singapore and Vietnam I. Locating Differences and Similarities II. Mapping the Literature 2. International and Regional Frameworks for Drugs Control I. International Framework II. Regional Frameworks 3. Indonesia I. Overview of Drug Trade and Consumption in Indonesia II. Narcotic-Related Crimes III. Jurisdiction IV. Criminal Procedure V. Rights of the Accused VI. Criminal Procedure: Trial VII. Rehabilitation and Diversionary Programs VIII. Regulations on Finance and the Drug Trade IX. Judicial Decisions X. Death Sentences XI. Conclusion 4. Singapore I. Historical and Political Context II. Narcotic-Related Crimes III. Jurisdiction IV. Criminal Procedure V. Rehabilitation and Diversionary Programs VI. Regulations on Finance and the Drug Trade VII. Conclusion 5. Vietnam I. Dimensions of the Drug Problem II. Narcotic-Related Crimes III. Investigation IV. Presumptions and Rights V. Jurisdiction VI. Trials VII. Sentencing VIII. Appeals IX. Death Penalty Law and Practice (Hinh ph?t t? hinh) X. Clemency XI. Regulations on Finance and the Drug Trade XII. Role of the Media XIII. Conclusion.
  • (source: Nielsen Book Data)9781782258315 20160928
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.
(source: Nielsen Book Data)9781782258315 20160928
Law Library (Crown)
Book
xxi, 523 pages ; 25 cm.
  • The rise of Singapore as international financial centre : political will, industrial policy, and rule of law / Jiangyu Wang
  • Inside the Singapore financial centre / Dora Neo
  • Hong Kong : evolution and future as a leading international financial centre / Douglas W. Arner
  • Level playing field as an institutional challenge to China as a socialist market economy / Xianchu Zhang
  • Regulating internationalization of currency : comparative experience in Asia / Weitseng Chen
  • A small difference in wording, but a big difference in rule-making : a retrospective and prospective view on the development of China's economic zones / Jiaxiang Hu
  • Finance, rule of law and human rights in China / Matthias Vanhullebusch
  • Positioning Singapore as an international centre for fund-raising / Alexander F.H. Loke
  • A people's market of Hong Kong : facilitating crowdfunding of SMEs / David C. Donald, George Mok and Adrian Fong
  • New risk management requirements in Hong Kong's corporate governance code : "more than just a box to tick" / Angus Young and Coral Huo
  • Regulating P2P lending in China : industrial landscape and regulatory approaches / Shen Wei
  • Regulating China's internet money market funds : an economic perspective / Xiaoye Jin
  • Liberalizing capital market entry in China : building a registration system / Jing Leng
  • Anti-corruption enforcement in Singapore / Thong Chee Kun and Muslim Albakri
  • Cracking the whip on financial crimes in Singapore / Hamidul Haq
  • Role of the criminal law in maintaining Hong Kong as an international financial centre / Simon N.M. Young
  • Anti-corruption law and enforcement in Hong Kong : keeping it clean / Michael I. Jackson.
The financial markets of Hong Kong and Singapore are leading examples in Asian financial development and regulation. Shanghai, which is developing its Free Trade Pilot Zone, is equally aiming to incorporate a sophisticated service market in order to upgrade, reform and reinvigorate the current economic model of development in China in the aftermath of the global financial and economic crisis. Streamlining administrative regulation is a precondition for its financial market to find root and play a central role in Asia and beyond. Finance, Rule of Law and Development in Asia offers a contextualized approach to the economic and political realities within Asian financial markets, especially in these three different jurisdictions. The volume adopts a comparative and precise account on the prospects and challenges in further developing these financial centres.
(source: Nielsen Book Data)9789004315808 20160802
Law Library (Crown)