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Private International Law in East Asia

Author: Olivier Gaillard

Publisher: Hart Publishing

Published: 2024-02-08

Total Pages: 0

ISBN-13: 150997010X

This open access book examines the conflict of law rules in East Asian states, with a focus on the laws in China and Japan but looking also at South Korea. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea and a more in-depth view of the rules on private international law. This will foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. Part three provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part four examines the rules applying to family law and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

International Law in East Asia

Author: Zou Keyuan

Publisher: Routledge

Published: 2017-07-05

Total Pages: 450

ISBN-13: 1351562304

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As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

The Oxford Handbook of International Law in Asia and the Pacific

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.

Revolutionary Approach to International Law

Author: Eric Yong Joong Lee

Publisher: Springer Nature

Published: 2023-06-02

Total Pages: 323

ISBN-13: 9811979677

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This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

Codification in East Asia

Author: Wen-Yeu Wang

Publisher: Springer Science & Business Media

Published: 2014-02-07

Total Pages: 248

ISBN-13: 3319034464

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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.

Contextualising International Law in Northeast Asia

Author: Asif H Qureshi

Publisher: Bloomsbury Publishing

Published: 2018-09-20

Total Pages: 255

ISBN-13: 1509915303

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Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

East Asia and International Law

Author: Eric Yong-Joong Lee

Publisher:

Published: 2014

Total Pages:

ISBN-13:

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The Oxford Handbook of International Law in Asia and the Pacific

Author: Simon Chesterman

Publisher: Oxford University Press

Published: 2019-09-12

Total Pages: 600

ISBN-13: 0192512714

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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 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.

East Asian Law

Author: Lucie Cheng

Publisher: Routledge

Published: 2003-09-02

Total Pages: 255

ISBN-13: 1134431805

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This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

Asian Conflict of Laws

Author: Alejandro Carballo Leyda

Publisher: Kluwer Law International

Published: 2015

Total Pages: 0

ISBN-13: 9789041147561

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Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions è^' such as this very useful book provides è^' is an essential resource for both practitioners and academics.