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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.
The Roman Empire was based on law, and it was vital for rulers and ruled that laws should be understood. They were often given permanent form in stone or bronze. This book transcribes, translates, and fully illustrates with photographs, the inscription (more than 155 lines, in its damaged state) that carries the regulations drawn up over nearly two centuries for the customs dues of the rich province of Asia (western Turkey). The regulations, taken from Roman archives, were set up in Greek in Ephesus, and the book provides a rendering of the text back into Latin. The damaged text is hard to restore and to interpret. Six scholars offer line-by-line commentary, and five essays bring out its significance, from the Gracchi to Nero, for Rome's government and changing attitudes towards provincial subjects, for the historical geography of the Empire, for its economic history, and for the social life of Roman officials.
Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Explains process of importing goods into the U.S., including informed compliance, invoices, duty assessments, classification and value, marking requirements, etc.
Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.
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.
Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.
The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.
This innovative edited collection provides a comprehensive analysis of modern secularism across Asia which contests and expands prevailing accounts that have predominantly focused on the West. Its authors highlight that terms like ‘secular’, ‘secularization’, and ‘secularism’ do not carry the same meanings in the very different historical and cultural contexts of Asia. Critiquing Charles Taylor’s account of secularism, this book examines what travelled and what not in ‘the imperial encounter’ between Western secular modernity and other traditions outside of the West. Throughout the book, state responses to religion at different points in Chinese and South-East Asian history are carefully considered, providing a nuanced and in-depth understanding of post-secular strategies and relations in these areas. Particular attention is given to Catholicism in the Philippines, Vietnam, and Singapore, and Hinduism and Chinese religion in Malaysia, Singapore, and India. This theoretically engaged work will appeal to students and scholars of Asian studies, anthropology, religious studies, history, sociology, and political science.
Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.