Convergence And Divergence Of Private Law In Asia
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Convergence And Divergence Of Private Law In Asia
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Author : Gary Low (Lawyer)
language : en
Publisher:
Release Date : 2021
Convergence And Divergence Of Private Law In Asia written by Gary Low (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Commercial law categories.
"There have been increasing and stronger calls for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale that would include 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 amongst others that in so doing uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. That commercial law has come under the lens as a particularly suitable candidate for harmonization is, in a sense, unsurprising. It is for one ostensibly seen as a technical and relatively uncontroversial area of law, as opposed, for instance, to public law. For another, or probably for that precise reason, this area has been the historical choice for attempts at harmonizing substantive law - think of the CISG, the UCC in the United States or the recently proposed CESL in the European Union"--
The Development Of Law In Asia
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Author :
language : en
Publisher:
Release Date : 2006
The Development Of Law In Asia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
The Development Of Law In Asia
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Author :
language : en
Publisher:
Release Date : 2004
The Development Of Law In Asia written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Convergence categories.
Constitutional Convergence In East Asia
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Author : Po Jen Yap
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-25
Constitutional Convergence In East Asia written by Po Jen Yap and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.
Explains why the constitutional jurisprudence of Hong Kong, Taiwan, and South Korea is converging, and provides analysis of relevant case law.
The Development Of Law In Asia Intellectual Property Law
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Author :
language : en
Publisher:
Release Date : 2006
The Development Of Law In Asia Intellectual Property Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Asia Pacific Legal Development
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Author : Gerry Ferguson
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Asia Pacific Legal Development written by Gerry Ferguson and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
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.
The Development Of Law In Asia Constitutional And Administrative Law
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Author :
language : en
Publisher:
Release Date : 2006
The Development Of Law In Asia Constitutional And Administrative Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Transplanting Commercial Law Reform
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Author : John Gillespie
language : en
Publisher: Routledge
Release Date : 2017-03-02
Transplanting Commercial Law Reform written by John Gillespie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Political Science categories.
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Convergence And Divergence In Private International Law
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Author : Sirko Harder
language : en
Publisher:
Release Date : 2012
Convergence And Divergence In Private International Law written by Sirko Harder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The growth in cross-border trade and movement of people over the past decades has led to an increasing judicial, legislative and scholarly development of private international law, creating harmonised rules in some areas and new approaches in others. Many of these developments are reflected in Convergence and Divergence in Private International Law, which is a liber amicorum for Professor Kurt Siehr on the occasion of his 75th birthday. The book is an impressive collection of knowledge and ideas, containing 45 contributions by 50 scholars from around the world on various aspects of private international law as well as the harmonisation or reform of substantive private law. This article aims to demonstrate the diversity and richness of the contributions by looking at selected issues discussed in the book which have direct relevance to its title.
Convergence Divergence And Regulatory Tension An Asian Perspective
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Author : Locknie Hsu
language : en
Publisher:
Release Date : 2014
Convergence Divergence And Regulatory Tension An Asian Perspective written by Locknie Hsu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views. The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal obligations vis-à-vis public health, regulatory objectives and implications for stakeholder interests. This intersection and resulting tension have led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The law evolving around these issues is demonstrating a deep divergence, in the manner that related disputes are being handled, and in terms of regulatory as well as negotiating stances. As an example, the debate on access to medicines demonstrates a divergence of approaches and proposed global solutions, as numerous proposals for reform of the existing construct (comprising patents and their “progeny” in the form of related commercial rights) are canvassed. Meanwhile, some countries such as India have begun to move ahead to embrace solutions such as compulsory licensing. This paper examines the reasons for legal and policy divergences in public health issues in the context of treaty obligations, with examples from Asia, and attempts a prognosis on convergence in regulation. It is suggested that a convergence of purpose(s) is needed, for a convergence of solutions to be found. Until then, the current divergences will continue to feed regulatory tension.