Search results for: international-law-in-east-asia

Law of the Sea in East Asia

Author : Keyuan Zou
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Law of the Sea in East Asia selects the most prominent maritime legal issues that have emerged since the post-LOS Convention era for a detailed discussion and assessment. The current marine legal order in East Asia is based on the 1982 United Nations Convention on the Law of the Sea (LOS Convention) and accordingly coastal states in the region are obliged to cooperate amongst themselves to exercise their rights and perform their duties. Keyuan, a respected expert in the fields of international and Chinese law, explores issues concerning compliance with the law of the sea, territorial disputes and maritime boundary delimitation, fishery management, safety of navigation and maritime security, and neglected issues in the law of the sea. This is the first book to examine maritime laws in East Asia, and as such will appeal to academics of law and Asian studies, lawyers and policy makers.

International Law in East Asia

Author : Zou Keyuan
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As the world?s political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

Codification in East Asia

Author : Wen-Yeu Wang
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This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

China Asean Relations and International Law

Author : Zou Keyuan
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Our contemporary era has witnessed the remarkable development of China-ASEAN relations. Both sides have pledged to establish and develop a comprehensive cooperation. However, any development of international relations is governed by international legal principles, norms and rules, such as the Charter of the United Nations and general international law. There is no exception for China-ASEAN relations. The book discusses and explains China-ASEAN relations from an international law perspective and covers a wide range of legal topics and legal issues. The first book which attempts to discuss and explain China-ASEAN relations in an international law perspective Covers a wide range of legal topics and issues significantly existing in the development of China-ASEAN relations Unique in the sense that it specifically deals with the relationship between one country and one international/regional organization

Journal of East Asia and International Law

Author : Yijun Institute of International Law (Seül, Corea del Sud)
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Law of the Sea in South East Asia

Author : Donald R Rothwell
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The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.

Global Constitutionalism from European and East Asian Perspectives

Author : Takao Suami
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Examines and compares East Asian and European perspectives of Global Constitutionalism.

International Law in East Asia

Author : Zou Keyuan
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As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.

East Asia and International Law

Author : Eric Yong-Joong Lee
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Securing the Safety of Navigation in East Asia

Author : Shicun Wu
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Safe navigation of the seas is of global importance. Sea lanes provide vital connections for the growth of the global economy and the wellbeing of people everywhere. The sea lanes are of particular importance for the East Asian region, as most trade is undertaken on the ocean. Booming economies in the region such as China and Vietnam put more pressure on sea lanes, triggering concern for the safety of navigation. Securing the Safety of Navigation in East Asia identifies salient issues for academic debate, and further explores those that have practical implications for the safety of navigation in East Asia. Contemporary maritime security concentrates on safe navigation and inhibiting transnational crimes, including sea piracy and maritime terrorism. Maritime environmental security and search and rescue at sea are also important. Securing the Safety of Navigation in East Asia is structured into four sections: the first part introduces the topic, and looks at the safety of navigation and the search for a cooperative mechanism. The second part considers the international legal framework and its implications for East Asia. The third part presents national perspectives on the safety of navigation, and fi nally part four considers navigational issues in the South China Sea. Places a special focus on East Asia Accommodates national perspectives in East Asia on navigation given by scholars from China, Japan, South Korea, Malaysia, the Philippines, and Singapore Presents a special section on the South China Sea, located in Southeast Asia and connecting the Indian and Pacific oceans; a critical sea route for maritime transport

The Circulation of International Legal Terms in East Asia

Author : Sang-hee Han
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Studies in International Law and History

Author : R.P. Anand
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International law now theoretically makes no distinction between large and small state, and encloses in its fold a new entity as soon as it emerges as an independent state, says Anand (emeritus, international legal studies, Jawaharlal Nehru U., New Delhi), but before the United Nations, modern international law was supposed to be merely a product of the Western European Christian states or states of European origin, and applicable only between them. He delves into such questions as when European international law become universally binding, whether states that had no role in its origin can question some of its rules, how can it be changed without any supra-national authority, and whether it is in fact transforming from a European construction into a common law of all nations. Martinus-Nijhoff is an imprint of Brill. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

The Oxford Handbook of International Law in Asia and the Pacific

Author : Simon Chesterman
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The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Customs Law of East Asia

Author : Chia-Jui Cheng
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The countries comprising East Asia have experienced impressive economic growth and made substantial moves to liberalize trade policies. In light of the region's remarkable impact on global commerce, international trade professionals minimize the importance of local customs law at their peril. This timely work reflects the insights of an impressive array of experts and is designed to be a practical source of context and guidance. Readers will quickly discover it to be an indispensable tool to unravel many of the trade-related challenges and opportunities the region offers.

Asian Conflict of Laws

Author : Alejandro Carballo Leyda
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Regional instruments for the recognition of foreign decisions, together with harmonised rules of conflict of laws, are useful to promote legal certainty and to enhance commercial transactions both within the region and with other areas of the world. Among the countries of East and South East Asia, however, there is no such harmonisation. Therefore, a comprehensive overview of the various approaches to private international law among these crucially important trade jurisdictions e such as this very useful book provides e is an essential resource for both practitioners and academics."

Joint Ventures in East Asia Legal Issues

Author : International Bar Association. Section on Business Law. Conference
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There are many indications that the twentieth century will be the `Asian century', with several countries there approaching rapid and sustained economic development, fuelled by neighbouring investor countries. This book provides the ultimate manual for investors interested in setting up a joint venture in the Far East, and presents the legal nuts and bolts of that process with respect to Japan, South Korea, Taiwan, China, Indonesia, the Philippines and Thailand. A final item argues persuasively for alternatives to traditional dispute resolution methods, and will greatly assist drafting of such contracts. Matters addressed systematically are: the selection of a J.V. vehicle, control of a J.V. company, tax incentives, acquisition of real property, government authorizations, legal procedures for termination, and legal status of dispute resolution methods. This book presents the work of the IBA's Committee on Business Organizations, convened in Hong Kong in 1991. The considerable experience brought to bear on this subject by leading international legal practitioners renders this work an invaluable tool for the investor in the 1990s and beyond.

Contextualising International Law in Northeast Asia

Author : Asif H Qureshi
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Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

International Law and Refugees in South East Asia

Author : I.A. Shearer
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Jerome A Cohen Prize Essay in International Law and East Asia

Author : New York University. School of Law
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Refugees in South and South East Asia

Author : Patricia Hyndman
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