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East Asian Law
This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.
Maritime Order and the Law in East Asia
Many of the maritime disputes today represent a competing interest of two groups: coastal states and user states. This edited volume evaluates the role of the United Nations Convention on the Law of the Sea (UNCLOS) in managing maritime order in East Asia after its ratification in 1994, while reflecting upon various interpretations of UNCLOS. Providing an overview of the key maritime disputes occurring in the Asia Pacific, it examines case studies from a selection of representative countries to consider how these conflicts of interest reflect their respective national interests, and the wider issues that these interpretations have created in relation to navigation regimes, maritime entitlement, boundary delimitation and dispute settlement.
Introduction to Middle Eastern Law
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern Law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle E...
East African Community Law
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
Introduction to Middle Eastern Law
This book provides an introduction to the laws of the Middle East, defining the contours of a field of study that deserves to be called 'Middle Eastern law'. It introduces Middle Eastern law as a reflection of legal styles, many of which are shared by Islamic law and the laws of Christian and Jewish Near Eastern communities. It offers a detailed survey of the foundations of Middle Eastern law, using court archives and an array of legal sources from the earliest records of Hammurabi to the massive compendia of law in the Islamic classical age through to the latest decisions of Middle Eastern high courts. It focuses on the way legislators and courts conceive of law and apply it in the Middle E...
Sovereign Authority and the Elaboration of Law in the Bible and the Ancient Near East
Five Pentateuchal texts (Lev 24:10-23; Num 9:6-14; Num 15:32-36; Num 27:1-11; Num 36:1-12) offer unique visions of the elaboration of law in Israel's formative past. In response to individual legal cases, Yahweh enacts impersonal and general statutes reminiscent of biblical and ancient Near Eastern law collections. From the perspective of comparative law, Dylan R. Johnson proposes a new understanding of these texts as biblical rescripts: a legislative technique that enabled sovereigns to enact general laws on the basis of particular legal cases. Typological parallels drawn from cuneiform and Roman law illustrate the complex ideology informing the content and the form of these five cases. The author explores how latent conceptions of law, justice, and legislative sovereignty shaped these texts, and how the Priestly vision of law interacted with and transformed earlier legal traditions.
Socialist Law in Socialist East Asia
A fresh perspective on socialist law as practiced in China and Vietnam, two major socialist states.
A History of Ancient Near Eastern Law (2 vols)
The first comprehensive survey of the world's oldest known legal systems, this collaborative work of twenty-two scholars covers over 3,000 years of legal history of the Ancient Near East. Each of the book's chapters represents a review of the law of a particular period and region, e.g. the Egyptian Old Kingdom, by a specialist in that area. Within each chapter, the material is organized under standardized legal categories (e.g. constitutional law, family law) that make for easy cross-referencing. The chapters are arranged chronologically by millennium and within each millennium by the three major politico-cultural spheres of the region: Egypt, Mesopotamia, and Anatolia and the Levant. An introduction by the editor discusses the general character of Ancient Near Eastern Law.
Insolvency Law in East Asia
This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. So far as possible, given the varying states of legal development, each chapter addresses key themes such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences.
Legal Transplants in East Asia and Oceania
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
