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Law Without Lawyers, Justice Without Courts
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Dispute Management
Dispute Management is an introduction to dispute processes. It is a vital resource for students, lawyers and dispute practitioners.
Regulatory Issues in Organic Food Safety in the Asia Pacific
The book seeks to address the intersection of food organics and the emergence of a new contractualism between producers, distributors and consumers, and between nation states. Additionally, it seeks to cater to the needs of a discerning public concerned about how its own country aims to meet their demands for organic food quality and safety, as well as how they will benefit from integration in the standard-setting processes increasingly occurring regionally and internationally. This edited volume brings together expert scholars and practitioners and draws on their respective insights and experiences in the field of organics, food and health safety. The book is organized in three parts. Part I outlines certain international perspectives; Part II reflects upon relevant histories and influences and finally, Part III examines the organic food regulatory regime of various jurisdictions in the Asia Pacific.
Law as if Earth Really Mattered
This book is a collection of judgments drawn from the innovative Wild Law Judgment Project. In participating in the Wild Law Judgment Project, which was inspired by various feminist judgment projects, contributors have creatively reinterpreted judicial decisions from an Earth-centred point of view by rewriting existing judgments, or creating fictional judgments, as wild law. Authors have confronted the specific challenges of aligning existing Western legal systems with Thomas Berry’s philosophy of Earth jurisprudence through judgment writing and rewriting. This book thus opens up judicial decision-making and the common law to critical scrutiny from a wild law or Earth-centred perspective. ...
Scholarship, Practice and Education in Comparative Law
This book examines how law functions in a multitude of facets and dimensions. The contributions shed light on the study of comparative law in legal scholarship, the relevance of comparative law in legal practice, and the importance of comparative law in legal education. The book will particularly appeal to those engaged in the teaching and scholarship of comparative law, and those seeking to uncover the various significant dimensions of the workings of law. The book is organised in three parts. Part I addresses scholarship, with contributors examining comparative legal issues as critique and from a theoretical framework. Part II outlines practice, with contributors discussing the function of comparative law in such comparatively diverse areas as international arbitration, environment, and the rule of law. Part III appraises comparative law in education.
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021
Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021.
Discussions in Dispute Resolution
While arbitration was robust in colonial and early America, dispute resolution lost its footing to the court system as the United States grew into a bustling and burgeoning country. And while dispute resolution processes emerged briefly from time to time, they were dormant until the enactment of the Federal Arbitration Act and collective bargaining grew out of the labor movement. But it wasn't until 1976, when Frank Sander delivered his famous remarks at the Pound Conference, that the modern dispute resolution movement was born. By the year 2000, alternative dispute resolution had transformed from a populist rebellion against the judicial system to mainstream legal practice. Today, lawyers a...
The Negotiator's Fieldbook
This book provides a comprehensive reference guide to negotiation and mediation. Negotiation skills can be learned--everything from managing fairness and power and understanding the other side and cultural differences to decision-making, creativity, and apology. Good negotiation is best approached from a multidisciplinary perspective that combines the best of theory and practice.
Activating Human Rights and Peace
Human rights and peace issues and concerns have come about at a critical time. The world has recently witnessed a plethora of turning points that speak of the hopes and vulnerabilities which are inherent in being human and demonstrate that change in the service of human rights and peace is possible. At the same time, however, other events indicate that wherever there is life, there is vulnerability in a world characterized by instability and endemic human suffering. On top of all this, the collapse of the global financial system and the serious, rapid destruction of the environment have brought the world to a precarious state of vulnerability. Activating human rights and peace is, therefore, a project that is always in progress, and is never finally achieved. This enlightening collection of well thought through cases is aimed at academics and students of human rights, political science, law and justice, peace and conflict studies and sociology.
Historical Dictionary of Malaysia
Malaysia is one of the most intriguing countries in Asia in many respects. It consists of several distinct areas, not only geographically but ethnically as well; along with Malays and related groups, the country has a very large Indian and Chinese population. The spoken languages obviously vary at home, although Bahasa Malaysia is the official language and nearly everyone speaks English. There is also a mixture of religions, with Islam predominating among the Malays and others, Hinduism and Sikhism among the Indians, mainly Daoism and Confucianism among the Chinese, but also some Christians as well as older indigenous beliefs in certain places. This second edition of Historical Dictionary of Malaysia contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 500 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent resource for students, researchers, and anyone wanting to know more about Malaysia.
