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Author: Po Jen Yap
Publisher: Cambridge University Press
Published: 2020-08-27
Total Pages: 311
ISBN-13: 1108495753
DOWNLOAD EBOOK →Explores how proportionality analysis - a legal transplant from the West - is judicially enforced by courts around Asia.
Author: Po Jen Yap
Publisher: Cambridge University Press
Published: 2020-08-27
Total Pages: 311
ISBN-13: 1108851711
DOWNLOAD EBOOK →This is the first book that focusses on how proportionality analysis – a legal transplant from the West – is applied by courts around Asia, and it explores how a country's commitment to democracy and the rule of law is fundamental to the success of the doctrine's judicial enforcement. This book will appeal to lawyers, political scientists, and students of law and political science who seek to understand how proportionality analysis is blossoming and, in some cases, flourishing in Asia.
Author: Po Jen Yap
Publisher: Cambridge University Press
Published: 2017-09-28
Total Pages: 251
ISBN-13: 1107192625
DOWNLOAD EBOOK →This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.
Author: Vito Breda
Publisher: Cambridge University Press
Published: 2019-06-27
Total Pages:
ISBN-13: 1108577172
DOWNLOAD EBOOK →This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
Author: Asian Development Bank
Publisher: Asian Development Bank
Published: 2017-02-01
Total Pages: 235
ISBN-13: 9292577549
DOWNLOAD EBOOK →Infrastructure is essential for development. This report presents a snapshot of the current condition of developing Asia's infrastructure---defined here as transport, power, telecommunications, and water supply and sanitation. It examines how much the region has been investing in infrastructure and what will likely be needed through 2030. Finally, it analyzes the financial and institutional challenges that will shape future infrastructure investment and development.
Author: Claus Kreß
Publisher: Oxford University Press, USA
Published: 2020-11-30
Total Pages: 527
ISBN-13: 0197537375
DOWNLOAD EBOOK →"Necessity and proportionality occupy a firm place in the international law governing the use of force by states. Perhaps most importantly for practical purposes, the exercise of the right of self-defense, as recognized in Article 51 of the United Nations Charter, is subject to the requirements of necessity and proportionality, as the International Court of Justice determined in the Nicaragua case. Necessity and proportionality are also firmly anchored in the international law governing armed conflicts. In its Nuclear Weapons Advisory Opinion, the International Court of Justice even referred to one articulation of the idea of necessity, that directed against the causing of unnecessary suffering, as one of two "cardinal principles" of this body of law. However, beyond statement in such general terms, the realms of uncertainty and controversy soon begin. It is far from clear, for example, how to distinguish with precision between necessity and proportionality in the international law on self-defense and, in immediate connection herewith, what it means precisely to say that forcible action taken in the exercise of self-defense must be proportionate. It is all the less clear what legal significance, if any, necessity and proportionality possess in other contexts of the international law governing the use of force"--
Author: Niels Petersen
Publisher: Cambridge University Press
Published: 2017-03-02
Total Pages: 261
ISBN-13: 1107177987
DOWNLOAD EBOOK →This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Author: Asian Development Bank
Publisher:
Published: 2021-08-24
Total Pages: 388
ISBN-13: 9789292690205
DOWNLOAD EBOOK →This publication provides updated statistics on a comprehensive set of economic, financial, social, and environmental measures as well as select indicators for the Sustainable Development Goals (SDGs). The report covers the 49 regional members of ADB. It discusses trends in development progress and the challenges to achieving inclusive and sustainable economic growth across Asia and the Pacific. This 52nd edition discusses how the COVID-19 pandemic has intensified the challenges of meeting development targets, which needed urgent attention even before the global health crisis began. To put into practice the "leave no one behind" principle of the SDGs, the availability of more detailed and informative data is crucial. With the pandemic intensifying society's reliance on digital platforms for remote working and learning, as well as for shopping and entertainment, the 2021 report features a special supplement, Capturing the Digital Economy: A Proposed Measurement Framework and Its Applications, which is rooted in input-output analysis and uses readily available national accounts data. The study provides a sound basis on which to assess the relative importance of the digital economy in national and global production processes.
Author: Yvonne Tew
Publisher: Oxford University Press
Published: 2021-07-23
Total Pages: 273
ISBN-13: 0198716834
DOWNLOAD EBOOK →Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.
Author: Alec Stone Sweet
Publisher: Oxford University Press
Published: 2018-05-01
Total Pages: 272
ISBN-13: 0192559168
DOWNLOAD EBOOK →In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.
