Asia-Pacific Trusts Law, Volume 2

Asia-Pacific Trusts Law, Volume 2 PDF

Author: Ying Khai Liew

Publisher: Bloomsbury Publishing

Published: 2022-12-15

Total Pages: 417

ISBN-13: 1509954619

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This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

Asia-Pacific Trusts Law, Volume 1

Asia-Pacific Trusts Law, Volume 1 PDF

Author: Ying Khai Liew

Publisher: Bloomsbury Publishing

Published: 2021-08-26

Total Pages: 704

ISBN-13: 1509934804

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At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

Asia-Pacific Trusts Law, Volume 2

Asia-Pacific Trusts Law, Volume 2 PDF

Author: Ying Khai Liew

Publisher: Bloomsbury Publishing

Published: 2022-12-15

Total Pages: 417

ISBN-13: 1509954627

DOWNLOAD EBOOK →

This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

Asia-pacific Trusts Law

Asia-pacific Trusts Law PDF

Author:

Publisher:

Published: 2021

Total Pages: 464

ISBN-13: 9781509934829

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"Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book aims to do this by offering the first work that systematically explores trusts law across the region. At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity."--

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.

Key Ideas in Trusts Law

Key Ideas in Trusts Law PDF

Author: Nicholas McBride

Publisher: Bloomsbury Publishing

Published: 2023-06-01

Total Pages: 145

ISBN-13: 1509938710

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This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.

Corporate and Trust Structures

Corporate and Trust Structures PDF

Author: David Chaikin

Publisher: Australian Scholarly Publishing

Published: 2018-04-05

Total Pages: 148

ISBN-13: 1925588866

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Corporate and Trust Structures: Legal and Illegal Dimensions is a collection of essays by experts in company law, trusts and financial crime. It explores the nature of companies and trusts, how they have been utilised for legitimate business purposes, and how they can be exploited by criminals for illegal purposes. Basic concepts relating to trusts and companies are considered, together with recent developments in corporate liability, including when liability may be attributed to companies and when the veil of limited liability may be lifted. Complex corporate structures, including the ownership structure of the Alibaba Group, are examined. The Panama Papers’ revelations are also discussed together with the mechanisms within trusts and company structures that make them vulnerable and attractive for criminal abuse. The essayists address critical issues in the domestic and international contexts, including the requirements of the international standards against money laundering relevant to trusts and companies. Academics, lawyers, business people and policy-makers will find the essays topical and relevant.

Rationalising Constructive Trusts

Rationalising Constructive Trusts PDF

Author: Ying Khai Liew

Publisher: Bloomsbury Publishing

Published: 2017-09-21

Total Pages: 485

ISBN-13: 1509917071

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Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

The Greater East Asia Co-Prosperity Sphere

The Greater East Asia Co-Prosperity Sphere PDF

Author: Jeremy A. Yellen

Publisher: Cornell University Press

Published: 2019-04-15

Total Pages: 303

ISBN-13: 1501735551

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In The Greater East Asia Co-Prosperity Sphere, Jeremy Yellen exposes the history, politics, and intrigue that characterized the era when Japan's "total empire" met the total war of World War II. He illuminates the ways in which the imperial center and its individual colonies understood the concept of the Sphere, offering two sometimes competing, sometimes complementary, and always intertwined visions—one from Japan, the other from Burma and the Philippines. Yellen argues that, from 1940 to 1945, the Greater East Asia Co-Prosperity Sphere epitomized two concurrent wars for Asia's future: the first was for a new type of empire in Asia, and the second was a political war, waged by nationalist elites in the colonial capitals of Rangoon and Manila. Exploring Japanese visions for international order in the face of an ever-changing geopolitical situation, The Greater East Asia Co-Prosperity Sphere explores wartime Japan's desire to shape and control its imperial future while its colonies attempted to do the same. At Japan's zenith as an imperial power, the Sphere represented a plan for regional domination; by the end of the war, it had been recast as the epitome of cooperative internationalism. In the end, the Sphere could not survive wartime defeat, and Yellen's lucidly written account reveals much about the desires of Japan as an imperial and colonial power, as well as the ways in which the subdued colonies in Burma and the Philippines jockeyed for agency and a say in the future of the region.

Direct Jurisdiction

Direct Jurisdiction PDF

Author: Anselmo Reyes

Publisher: Bloomsbury Publishing

Published: 2021-08-26

Total Pages: 440

ISBN-13: 1509936432

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The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.