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This book fills a gap in the literature by presenting a comprehensive overview of the key issues relating to law and development in Asia. Over recent decades, experts in law and development have produced multiple theories on law and development, none of which were derived from close study of Asian countries, and none of which fit very well with the existing evidence of how law actually functioned in these countries during periods of rapid economic development. The book discusses the different models of law and development, including both the developmental state model of the 1960s and the neo-liberal model of the 1980s, and shows how development has worked out in practice in relation to these models in a range of Asian countries, including Japan, Korea, China, Thailand, Singapore, India and Mongolia. Particular themes examined include constitutionalism, judicial and legal reform; labour law; the growing importance of private rights; foreign investment and the international law of development. Reflecting the complexity of Asian law and society, both those who believe in an "Asian Way" which is radically different from law and development in other parts of the world, as well as those who believe the arc of law and development is essentially universal, will find support in this book.
Create meaningful relationships that translate to better business Access to Asia presents a deeply insightful framework for today's global business leaders and managers, whether traveling from Toronto to Taipei, Baltimore to Bangalore, or San Francisco to Shanghai. Drawing from her extensive experience and global connections, author Sharon Schweitzer suggests that irrespective of their industry, everyone is essentially in the relationship business. Within Asia, building trust and inspiring respect are vital steps in developing business relationships that transcend basic contractual obligations. Readers will find in-the-trenches advice and stories from 80 regional experts in 10 countries, including China, Hong Kong, India, Japan, and Korea. Discover the unique eight-question framework that provides rich interview material and insight from respected cultural experts Track cultural progress over time and highlight areas in need of improvement with the Self-Awareness Profile Learn the little-known facts, reports, and resources that help establish and strengthen Asian business relationships Effective cross-cultural communication is mandatory for today's successful global business leaders. For companies and individuals looking to engage more successfully with their counterparts in Asia, Access to Asia showcases the critical people skills that drive global business success.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
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.
The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i
This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
South Asian Association for Regional Cooperation (SARRC) Business Law Handbook - Strategic Informtion and Basic Laws
This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.
Every day and everywhere, China figures prominently in global attention: companies and banks weigh billions in investments; hedge fund managers assess and speculate on downside risks; commodity traders and natural resource producers salivate over China’s energy appetite; intelligence agencies carefully track China’s growing global footprint; militaries monitor China’s growing military capabilities; diplomats grapple with a new assertiveness in China’s diplomatic posture; scholars try to understand the shifting dynamics and sources of China’s behaviour; while journalists track the latest changes in China’s economy, polity, and society. Charting China’s Future provides informed analysis on the complexities of today’s China, and where these complexities may lead, from some of the world’s leading Asia experts. The contributors have provided clear, intelligible, and forward-looking analyses, free of social science jargon and extensive footnotes. Probing into many of the key domestic and external issues facing China today from political, economic and social perspectives the book proffers a forward-looking analysis that will appeal to anyone with a professional, academic or personal interest in the big issues facing today's China and its interaction with the world. Readers will find much to contemplate about China’s future in this volume, and will gain a clearer sense of the key variables and possible trajectories of one of the most consequential countries on the planet.