Asia-Pacific and the Implementation of the Law of the Sea

Asia-Pacific and the Implementation of the Law of the Sea PDF

Author: Seokwoo Lee

Publisher: BRILL

Published: 2016-06-02

Total Pages: 240

ISBN-13: 9004310711

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Asia-Pacific and the Implementation of the Law of the Sea reviews the legislative and policy approach taken by selected States to fulfil their obligations under the United Nations Law of the Sea Convention (LOSC).

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution PDF

Author: Shahla Ali

Publisher: Kluwer Law International B.V.

Published: 2020-12-10

Total Pages: 313

ISBN-13: 940352863X

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International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Ocean Law and Policy

Ocean Law and Policy PDF

Author: Carlos Espósito

Publisher: BRILL

Published: 2016-11-03

Total Pages: 483

ISBN-13: 9004311440

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In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system.

Mediation in Contemporary Chinese Civil Justice

Mediation in Contemporary Chinese Civil Justice PDF

Author: Peter C.H. Chan

Publisher: Martinus Nijhoff Publishers

Published: 2017-08-03

Total Pages: 339

ISBN-13: 9004342397

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In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.

Handbook on Human Rights in China

Handbook on Human Rights in China PDF

Author: Sarah Biddulph

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 768

ISBN-13: 1786433680

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This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.

Asia-Pacific Perspectives on International Humanitarian Law

Asia-Pacific Perspectives on International Humanitarian Law PDF

Author: Suzannah Linton

Publisher: Cambridge University Press

Published: 2019-11-07

Total Pages: 926

ISBN-13: 9781108497244

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Place is inextricably linked to history by way of culture, language, philosophy, faith and the development of worldviews. The richness and depth of experience of the Asia-Pacific region has been under-studied, over-simplified and under-appreciated. This book addresses that lacuna in the subject area of international humanitarian law. Drawing on authoritative perspectives and interviews with experts in and on this topic, including four of the region's most distinguished international judges, forty-one chapters thematically examine the development of international humanitarian law; practice and application of international humanitarian law; implementation and enforcement of international humanitarian law; and looking to the future and enhancing compliance with international humanitarian law. The expert contributors draw out unique features, providing fresh insights to scholarship. Contributions on and from the area also grapple with the regional commitments to humanitarianism generally, illuminating how and why international humanitarian law might be more readily accepted or ignored in armed conflicts in the region.

The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific PDF

Author: Simon Chesterman

Publisher: Oxford Handbooks

Published: 2019-04-28

Total Pages: 904

ISBN-13: 0198793855

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The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.