%{search_type} search results

• Towards a global constitutional gene pool / Cheryl Saunders
• Emergence of Asian constitutionalism : features in comparison / Jiunn-Rong Yeh
• Plenary session I : constitutional governance and global economic crisis
• Liberal democracy in state of emergency : seen by standing on the shoulders of Carl Schmitt / Hong Sik Cho
• Images of the market : is competitive de-regulation inescapable? / Yasuo Hasebe
• Philippine constitutional framework for economic emergency : expanding the welfare state, restricting the national security apparatus / Raul C. Pangalangan
• Constitutionalism in times of economic strife : developments in Singapore / Kevin YL Tan
• Economic crisis and political crisis in Thailand : past and present
• Plenary session II : interfaces of international human rights law and domestic constitution
• An isolated nation with global-minded citizens : bottom-up transnational constitutionalism in Taiwan / Wen-Chen Chang
• International human rights law and domestic constitutional law : internationalisation of constitutional law in Hong Kong / Albert H.Y. Chen
• Reception and resistance : globalisation, international law and the Singapore Constitution / Li-ann Thio.

• Methodological problems
• Democratic transitions and rule of law
• Economic transition between market and rights.

• Introduction / Junji Nakagawa
• China's approach towards investment agreements and its interests involved in international investment rule-making / Wei Yin
• Investment dispute-settlement trends between Far-East and Ibero-America / Alejandro Garcia Jiménez
• Defending the undefendable : Asia's sovereignist battles against easy access to investment treaty arbitration / Relja Radvić
• Will Asia breathe life into a multilateral investment court? : thoughts on the feasibility and design of a new, stand-alone court / Celine Lévesque
• Rethinking the role of labour provisions under Asian international investment regime : a possible linkage with FTAAP? / Zheng Lizhen
• In the habit of giants : fair and equitable treatment and structural risk factors in conglomerate-led newly industrialized countries / Soo-Hyun Lee
• Objective criteria and ratione legis condition in the definition of investment : global trends and the Chinese practice / G. Matteo Vaccaro-Incisa
• The ASEAN comprehensive investment agreement approach to due process : does arbitral case law matter? / Fulvio Maria Palombino and Giovanni Zarra
• The role of non-disputing contracting party's expression of intention in investment arbitration : observation on the PRC letters in the saga of Sanum v. Laos / Tianshu Zhang.

With changes to the international investment law landscape and Asian countries now actively developing their network of bilateral investment treaties (BITs) and free trade agreements (FTAs), this volume studies issues relating to Asian perspectives on international investment law and forecasts the future of Asian contribution to its science and practice. The book discusses the major factors that have been driving Asian countries to new directions in international investment rule-making and dispute settlement. It also looks at whether Asian countries are crafting a new model of international investment law to reflect their specific socio-cultural values. Finally, the book examines whether there are any `Asian' styles of international investment rule-making and dispute settlement, or if individual Asian countries are seeking specific national `models' based on economic structure and geopolitical interests. This unique collection is exceptionally useful to students, scholars and practitioners of international investment law, international trade law and public international law.
(source: Nielsen Book Data)

Contributed articles presented at conference.

• The defining characteristics of the legal family in East Asia / Wen-Yeu Wang and Yen-Lin Agnes Chiu
• Codification in the 21st century : a view from Korea / Keechang Kim
• Codification and decodification : the state of the civil and commercial codes in Indonesia / Gary F. Bell
• Law codification in East Asia today : Japanese and Indian examples / Jean-Louis Halpérin
• Codification in East Asia : commercial law / Kon Sik Kim
• A report on commercial codification in China, with a focus on general provisions / Qiao Liu, Xiang Ren and Zhenxing Zhang
• The evolution of commercial law in the People's Republic of China (PRC) / Jianbo Lou
• China : exploring an alternative of Commercial Code in the course of civil codification / Xianchu Zhang
• The Commercial Code in Japan / Tomotaka Fujita
• Taiwan's national report : codification in East Asia : commercial law / Ming-Jye Huang and Wang-Ruu Tseng
• The codification of administrative law : general consideration / Ryuji Yamamoto
• The codification of Chinese administrative procedural law / Zhong-le Zhan
• La codification en matière administrative au Japon / Junko IIJIMA
• The codification of administrative law in South Korea / Seong Wook Heo
• Rule of law in Taiwan : transplantation and codification / Chien-liang Lee
• Codification of civil law in East Asia : a general report / Yeong-chin Su
• Civil law codification in China : its characteristics, social functions and future / Shiyuan Han
• A commentary on private international law in East Asia : from the perspective of Chinese law / Jin Huang and Zhengxin Huo
• The recent development of private international law in Taiwan / Rong-chwan Chen.

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
(source: Nielsen Book Data)

• Some Introductory Remarks: Judicial Review: The Need for International Cooperation-- M. Scheltema. Judicial Review in Japan-- M. Kobayakawa. Judicial Review of Administrative Action in England and Japan: A Comparative Perspective-- T. Fuke. Administrative Litigation System in China-- S. Ying. Judicial Review of Administrative Actions in China and Japan-- Yong Zhang. An Overview of Legislation and Its Supervisory System in China-- Yong Zhang. The Problems and Characteristics of Judicial Review in Malaysia-- A. Harding. Judicial Review in Indonesia-- P. Effendie Lotulung. Administrative Courts in an Executive-Dominated State: The Case of Indonesia-- A. Bedner. Legal Protection Against Decisions of Public Authorities in the Netherlands-- J. Dekker, Th.G. Drupsteen. Settling of Disputes in Administrative Law in The Netherlands: Some Practical Problems-- B. Schueler. Judicial Review in the Federal Republic of Germany-- L.A. Weber. Commentary - Comparisons on the Functions of the Judicial Review System in East and Southeast Asia-- Yong Zhang. Laws Concerning Judicial Review.
• (source: Nielsen Book Data)

Looking at the development and status quo of judicial review in East and Southeast Asia, this text answers the questions of whether the system of judicial review of administrative action functions in these countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders. The research and comparisons presented here form a resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.
(source: Nielsen Book Data)

• Constitutional remedies in Asia : an overview / Po Jen Yap
• Back to the future : on prospective invalidation in the Indonesian Constitutional Court / Stefanus Hendrianto
• Bangladesh's inconsistency with the doctrine of prospective invalidation / M Jashim Ali Chowdhury
• Sunsetting suspension orders in Hong Kong / Swati Jhaveri
• Pragmatism and the use of suspension orders by Indonesian's Constitutional Court / Fritz Edward Siregar
• Conditional constitutionality and conditional unconstitutionality in Indonesia / Simon Butt
• An alternative to annulment : remedial interpretation in Hong Kong / Francis Ho-Chai and Jiang Zixin
• Structural injunctions and public interest litigation in India / Chintan Chandrachud
• Dissecting quasi-legislative judicial directives of the Supreme Court of Bangladesh / MD Rizwanul Islam
• Integrated diversity : a pluralist argument for the Philippine writ of continuing mandamus / Bryan Dennis Gabito Tiojanco.

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.
(source: Nielsen Book Data)

• Acknowledgements Foreword List of Contributors Part I Financial Centres in Asia: Law & Policy 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
• Part II Governing Financial Markets in Asia: Innovation and Financial Products 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 & Adrian Fong New Risk Management Requirements in Hong Kong's Corporate Governance Code: "More than Just a Box to Tick" Angus Young & Coral Huo Regulating P2P Lending in China: Industrial Landscape and Regulatory Approaches Wei Shen Regulating China's Internet Money Market Funds: An Economic Perspective Xiaoye Jin Liberalizing Capital Market Entry in China: Building a Registration System Jing Leng Part III Financial Crimes in Asia: Anti-Corruption Enforcement Anti-Corruption Enforcement in Singapore Thong Chee Kun & 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 Index.
• (source: Nielsen Book Data)

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)

• 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)

• Regulatory reform in international air transport-- legal aspects of commercial space activities-- aviation safety and security-- liability in international civil aviation-- Euro-Asian relationship of the future - space activities, aviation.
• (source: Nielsen Book Data)

The 90s will be a turning point for international air transport and for space activities. Trends in civil aviation and outer space policies show the need to join forces to promote common interests, leading to the strengthening of the "region" as a basis of co-operation. As international air transport benefits from progressive liberalization, at the same time ever greater regional co-operation between governments as well as between airlines is emerging. The European Communities offer a most interesting example of both trends, provoking similar initiatives in other areas of the world, among them East Asia. With respect to commercial space activities, more especially those in the field of space transportation, a similar need for regional and even world-wide co-operation is arising. In order to contribute to the promotion of a balanced regional approach in both civil aviation and outer space activities, the Graduate Institute of European Studies at Tamkang University and the International Institute of Air and Space Law at Leiden University organized a major international conference, entitled "The Highways of Air and Outer Space over Asia", in May 1991. The present work is the result of that conference. It is a collection of articles by the most qualified academics and practitioners from Asia, North America and Europe, covering topical subjects in the field of international civil aviation and outer space activities such as regulatory reform, aviation safety and security, liability in international air transport, the future Euro-Asian aviation relationship, the commercialization of outer space and cooperation between Europe and Asia with respect to outer space activities, with special emphasis on the relationships between Asia on the one hand and Europe and the United States on the other.
(source: Nielsen Book Data)