Asia Pacific Law Review
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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.
Sustainability and Corporate Mechanisms in Asia
Author | : Ernest Lim |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2020-04-02 |
Genre | : Law |
ISBN | : 110849451X |
This book critically examines how corporate law and governance can be and should be used to promote sustainability in Asia.
Mediation in Contemporary Chinese Civil Justice
Author | : Peter C.H. Chan |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 339 |
Release | : 2017-09-18 |
Genre | : Law |
ISBN | : 9004342397 |
In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.
Handbook on Human Rights in China
Author | : Sarah Biddulph |
Publisher | : Edward Elgar Publishing |
Total Pages | : 759 |
Release | : 2019 |
Genre | : Political Science |
ISBN | : 1786433680 |
This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.
Introduction to South Pacific Law
Author | : Jennifer Corrin Care |
Publisher | : Psychology Press |
Total Pages | : 482 |
Release | : 2007 |
Genre | : Law |
ISBN | : 1845680391 |
Providing an overview of the origins and development of the law and legal systems in the South Pacific, the authors examine the framework of legal systems in the region and the operation of state and customary laws. Exploring, not only the legal system generally, but also the constitution and jurisdiction of state courts and legislative provisions of individual jurisdictions and cases, it contains individual chapters on substantive areas of law. They cover: administrative law constitutional law contract law criminal law customary law family law land law tort law. Highlighting the distinguishing features of the substantive law in force in the South Pacific, this book is an essential resource for all those interested in the law of the South Pacific Islands region.
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 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
Asia-Pacific Judiciaries
Author | : H. P. Lee |
Publisher | : Cambridge University Press |
Total Pages | : 473 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1107137721 |
Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
The Human Right to a Healthy Environment
Author | : John H. Knox |
Publisher | : Cambridge University Press |
Total Pages | : 309 |
Release | : 2018-06-28 |
Genre | : Law |
ISBN | : 1108421199 |
This book considers and clarifies many different facets of the international human right to a healthy environment.