Convergence and Divergence of Private Law in Asia

Convergence and Divergence of Private Law in Asia
Author: Gary Low
Publisher: Cambridge University Press
Total Pages: 589
Release: 2022-02-24
Genre: Law
ISBN: 1108679269

There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.

Constitutional Convergence in East Asia

Constitutional Convergence in East Asia
Author: Po Jen Yap
Publisher: Cambridge University Press
Total Pages: 213
Release: 2021-11-25
Genre: Law
ISBN: 1108831176

Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.

Private International Law in BRICS

Private International Law in BRICS
Author: Stellina Jolly
Publisher: Bloomsbury Publishing
Total Pages: 827
Release: 2024-08-08
Genre: Law
ISBN: 1509966153

This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Private Law in China and Taiwan

Private Law in China and Taiwan
Author: Yun-chien Chang
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017
Genre: Law
ISBN: 1107154243

Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Asia-Pacific Legal Development

Asia-Pacific Legal Development
Author: Gerry Ferguson
Publisher: UBC Press
Total Pages: 622
Release: 2011-11-01
Genre: Law
ISBN: 0774844140

This manuscript is a collection of essays on various issues in Asia-Pacific legal systems. It has been written within the framework of comparative legal research; thus, chapters address various of the ASEAN nations, as well as Canada, Australia, and New Zealand. The topics in this comprehensive volume, which offer Canadian perspectives on contemporary Asian law, include securities, prostitution, environmental, and constitutional law.

Commercial Law in East Asia

Commercial Law in East Asia
Author: Roman Tomasic
Publisher: Routledge
Total Pages: 562
Release: 2017-07-05
Genre: History
ISBN: 1351571540

The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.