Challenges of International Law in the Asian Region

Challenges of International Law in the Asian Region
Author: Vitit Muntarbhorn
Publisher: Springer Nature
Total Pages: 238
Release: 2021-06-14
Genre: Law
ISBN: 9811620474

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state‐centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Asian Approaches to International Law and the Legacy of Colonialism

Asian Approaches to International Law and the Legacy of Colonialism
Author: Kevin Tan
Publisher: Routledge
Total Pages: 186
Release: 2013
Genre: Law
ISBN: 0415679788

Since the conclusion of World War II, the legacy of militarism and colonialism in areas of Asia has left many unresolved conflicts, dividing parts of the region. This legacy has also contributed to the discourse of contemporary legal issues in the region, including territorial disputes, human rights, the environment, state responsibility, and international trade among others. This volume addresses salient international legal issues that flowed from the legacy of the region's historical experience with colonialism. The book specifically addresses topics including territorial boundary disputes, the law of the sea and maritime delimitation, international law and colonialism, responsibility to protect and international dispute resolution. This volume provides perspectives on these issues from prominent Asian legal scholars who analyze and discuss various ways in which international law and the international legal process can aid the resolution of these issues relevant to the region.

The Oxford Handbook of International Law in Asia and the Pacific

The Oxford Handbook of International Law in Asia and the Pacific
Author: Simon Chesterman
Publisher:
Total Pages: 904
Release: 2019
Genre: Law
ISBN: 0198793855

This handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived

Asian Yearbook of International Law, Volume 23 (2017)

Asian Yearbook of International Law, Volume 23 (2017)
Author: Seokwoo Lee
Publisher: BRILL
Total Pages: 343
Release: 2019-12-16
Genre: Law
ISBN: 9004415823

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution
Author: Shahla Ali
Publisher: Kluwer Law International B.V.
Total Pages: 313
Release: 2020-12-10
Genre: Law
ISBN: 940352863X

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.

International Investment Treaties and Arbitration Across Asia

International Investment Treaties and Arbitration Across Asia
Author: Julien Chaisse
Publisher: BRILL
Total Pages: 725
Release: 2017-12-18
Genre: Law
ISBN: 9004360107

International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.

Asia-Pacific Perspectives on International Humanitarian Law

Asia-Pacific Perspectives on International Humanitarian Law
Author: Suzannah Linton
Publisher: Cambridge University Press
Total Pages: 926
Release: 2019-11-07
Genre: Law
ISBN: 9781108497244

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 the International Law of Global Security

The Oxford Handbook of the International Law of Global Security
Author: Chair of International Law and Security Robin Geiß
Publisher: Oxford University Press, USA
Total Pages: 1197
Release: 2021-02-16
Genre: Law
ISBN: 019882727X

On a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.

Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law
Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
Total Pages: 295
Release: 2018-07-27
Genre: Law
ISBN: 1788112393

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

A GROWING FORCE

A GROWING FORCE
Author: Rizal Sukma
Publisher:
Total Pages: 0
Release: 2013-03
Genre: Political Science
ISBN: 9784889071368

East Asia is undergoing a remarkable transformation, but at the same time it is facing a growing number of traditional and nontraditional security challenges with the potential to destabilize the region. In recent years, there has been growing attention to ways to strengthen regional security cooperation at the government level but much less attention to what is happening outside of official circles. In fact, civil society organizations in the region have quietly been playing a greater role in responding to security threats, especially nontraditional security challenges. In "A Growing Force" the authors explore how these organizations are contributing in five areas--piracy, disaster relief, human trafficking, health, and climate change--in order to diagnose how they are helping and what can be done to make them more effective. Contributors include Gui Yongtao (Peking University), Yanzhong Huang (Council on Foreign Relations), Jun Honna (Ritsumeikan University, Japan), Yukie Osa (Association for Aid and Relief, Japan), Chung Suh-Yong (Korea University), and J.N. Mak (independent analyst, Malaysia).