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Replete with case studies, Waking the Asian Pacific Cooperative Potential applies a novel theoretical framework to aid in understanding meaningful change in cooperative firms, mutual firms, collectives, and communes, focusing in particular on the underexamined Asia Pacific region. It explores the common, albeit competing, objectives of transformational cooperatives that deliver a range of social benefits and corporative coops where the cooperative exhibits the characteristics of a competitive investor firm. The book provides examples of successful cooperatives in eleven countries across the Asia Pacific and reviews the theoretical framework of cooperatives, including issues pertaining to socio-economic, politico-legal, and domestic and international factors. Waking the Asian Pacific Co-operative Potential provides early-career researchers and graduate students with a systematic resource of cooperatives in the Asia Pacific, highlighting core lessons from case studies regarding the ideal role of cooperatives in a modern economy and on the enabling factors of the role of the state, the market potential for scale-up, the mitigation of poverty, and civil society. - Provides numerous case studies drawn from successful co-operative organizations across the Asia Pacific region - Advances a theoretical framework to help readers access and understand the reasons for co-operative success in the Asia Pacific region - Develops tools for practitioners to establish effective co-operatives and restructure them to optimal goals
The Law of the Sea is a vast and multi-faceted area of international law. The 1982 United Nations Convention on the Law of the Sea and the Agreement relating to the implementation of Part XI of the Convention constitute essential instruments of the law of the sea governing a new maritime order for the international community. With its entry into force on November 16, 1994, the 1982 United Nations Convention on the Law of the Sea has virtually become the Magna Carta of the Oceans, or the Constitution for the Oceans. Testifying to its success is the number of Parties adhering to it, now totaling 132 States, including one international organization, the European Community. The world is entering the era of a New Maritime Order based on near-universal adherence to the United Nations Convention on the Law of the Sea. In the wake of the Convention's entry into force and its ratification by many States in Northeast Asia, a new maritime order is emerging in the region. The littoral States have enacted and promulgated new national legislation to incorporate the provisions of the UN Convention into their domestic legal order. The three littoral States China, Japan and South Korea concluded or initialed bilateral fisheries agreements based on the new concept of extended jurisdiction set forth by the UN Convention. The UN Convention will, however, present even more challenges than opportunities for the littoral States of Northeast Asia in their quest for a new maritime order. The maritime security situation in the region has been and will continue to be extremely volatile due to conflicting claims, disputed boundaries, unregulated pollution of the marine environment and widespread illegal activities at sea. The author has set the both pragmatic and ambitious aim of outlining the emerging maritime order in Northeast Asia. As a practitioner of the law of the sea who has participated in bilateral and multilateral negotiations on maritime affairs, the author sheds light on the new maritime order in the making at the international and regional levels. The author also delineates the main issues and disputes hindering the establishment of a new maritime order in the region and present policy options that could contribute to erecting a solid maritime order in the region by peaceful and cooperative means. Finally, the author presents a compilation of relevant legal texts, most of which were produced after the entry into force of the UN Convention, in the hope that this collection will prove useful for desk officers in charge of ocean affairs in promoting peaceful and constructive solutions for maritime issues in Northeast Asia. This work serves as a realistic analysis of the current law and State practice, as well as of the progressive development of the law of the sea and its codification in the wake of the entry into force of the 1982 UN Convention.
Boundary disputes in the South China Sea have been a long-standing threat to peace and security in East and Southeast Asia. Without agreed definition of boundaries, provisional arrangements to develop resources in the disputed area have become the favored, and most effective, solution. Therefore, joint development between various countries has taken place in the form of ad hoc arrangements with the goal of achieving positive outcomes for all parties involved. Incorporating insights from ten authors from six countries (Brunei, China, Indonesia, Malaysia, the Philippines, and Vietnam), this book provides a comprehensive analysis of the incentives and policies to joint development in the South China Sea disputes. The authors also discuss the bottlenecks and proposed policy options. The authors ease doubts over joint development in South China Sea disputes and shed light on creative ways to promote cooperation. The book is a key reference for students and scholars in politics and international relations, Asian Studies, and maritime law.
This book contributes to the development of literature on cooperative law while paying tribute to Hagen Henrÿ’s significant impact on this field at a global scale. Hagen Henrÿ is one of the most influential scholars in the field of cooperative law. His primary contribution has been in the area of public international cooperative law. His other areas of scientific interest include development law and comparative law. This honorary volume is focused on two main axes -- the essence of cooperatives as well as their activities and their governance. The contributions throw light on how these two axes are addressed by cooperative legislation across countries, regions and continents. In the varied perspectives that the contributions put together, both a theoretical and practical approach, the authors address central, current and crucial issues for the development of cooperative law. The book is a great resource for researcher scholars, as well as policy makers and industry players interested in the topic.
Available Open Access under CC-BY-NC licence. Examining how the Association of Southeast Asian Nations’ (ASEAN) has responded to external threats over the past 50 years, this book provides a compelling account of regional state actions and foreign policy in the face of potential sovereignty violation. The author draws on a large amount of previously unanalysed material, including declassified government documents and WikiLeaks cables, to examine four key cases since 1975. Taking into account state interests and the role of external powers, the author develops the ‘vanguard state theory’ to explain ASEAN state responses to sovereignty violation, which, it is argued, has universal applicability and explanatory power.
Small and medium-sized enterprises (SMEs) account for more than 90 per cent of all businesses in the Asia-Pacific region — an area which is rapidly updating its competition laws and regulations to encourage greater entrepreneurship and open, dynamic economies. Yet SMEs are almost invisible when those competition policies and laws are developed and enforced. SMEs are often quite different businesses than large, multinational corporations, but their nature, significance and characteristics are often overlooked. This book seeks to rectify the relative neglect in research and policy discussions on the role of the SME sector in competition policy and law. Drawing on contributions from a wide range of competition regulators, lawyers, academics, consultants and advisers to the SME sector, it addresses such important issues as: - perceptions and views of small businesses about competition law; - regulator engagement and education of the SME sector; - the link between competition law and economic growth; - franchising, SMEs and competition law; - issues in enforcing competition law against SMEs; - the role of Chinese family firms; - trade, professional and industry associations; - country case studies from Vietnam, Singapore, Indonesia, Malaysia, China, South Korea, Hong Kong SAR, Japan and the Pacific Islands. "This book is an important step in remedying the gaps in our knowledge and policy of this important area." -- Dr Alan Bollard, Executive Director, APEC Secretariat
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 handbook surveys how international law is applied and interpreted in the Asia-Pacific region. It explores Asia's contribution to the development of international law and whether a distinct 'Asian' approach can be perceived
National taxation authorities around the world are rapidly improving international cooperation, given the unprecedented triple impact of persistent revelations of large-scale corporate tax avoidance, the ever-increasing intricacies of digital cross-border transactions, and the unprecedented revenue deficits engendered by the COVID-19 pandemic. There is also a growing recognition that improving tax compliance needs to be reconciled with a legitimate desire on the part of businesses to have some certainty about their taxes. Cooperative compliance is one way to achieve that. This first analysis of the details of cooperative compliance programmes currently in operation describes tax control frameworks, suggests practical examples to assist practitioners in tax administrations and the private sector, and provides multiple perspectives on the design and legitimacy of such programmes. Drawing on detailed information contributed by tax practitioners and academics from a wide range of jurisdictions worldwide, the book identifies and explains certain crucial elements of successful programmes: the criteria for access to cooperative compliance (e.g., is the programme voluntary or mandatory? Is there a financial threshold? Will the criteria be publicly available?); model legislation that can facilitate the operation of such programmes (statutory provisions, administrative rules and procedures, etc.); the foundations for an international agreement on an audit assurance standard for tax control frameworks (including the role of the Organisation for Economic Co-operation and Development (OECD), the European Union (EU), and other international organizations); how to develop a methodology to measure the cost and benefits of cooperative compliance programmes; detailed case studies of existing compliance programmes in Australia, Austria, China, Germany, Italy, Poland, and Russia; and how to communicate a cooperative compliance programme to obtain trust from society. The analysis draws on two years of work led by WU Global Tax Policy Center (GTPC) at Vienna University of Economics and Business in cooperation with the International Chamber of Commerce (ICC) and the Commonwealth Association of Tax Administrators (CATA). The project brought together over two hundred people from 25 countries, including public officials, businesses, and academics. Tax certainty and predictability are key components for providing a tax environment that is conducive to cross-border trade and investment, and, in the long term, it is in the interest of both governments and businesses to minimize tax uncertainty as much as possible. This truly helpful book promises to pave the way to an internationally effective tax framework that will be welcomed by taxation authorities and practitioners worldwide.
Cooperatives are found everywhere, doing all kinds of things. They are critical elements in the economies of a large number of countries around the world, large and small. Their affairs are carried out by elected leadership that runs the gamut from the illiterate to the scholarly. Their membership is made up of people of all socio-economic backgrounds. It is those members who, through their support and their needs, determine the successes and failures of cooperatives. But cooperatives as a popular movement will also be judged in other ways. A judgment will be made on the totality of their impact: local, national, and international. People will ask about how they helped ameliorate the economic and social problems of the dispossessed. But they will also inquire about their influence on economic systems, whether these were made more humane, egalitarian, and inclusive in their benefits because of cooperative principles and practices. Their impact on the international order will be judged collectively by how they contributed more than resolutions to peace, to justice, and to human inclusiveness. This volume provides snapshot views of the cooperative movement in all its diversity. The only single source one can consult to find so much information on the different kinds of cooperatives, significant figures, including philosophers, pioneers, officials, and leaders, and the situation in a large number of countries. With a list of acronyms, an extensive chronology, appendixes, and a comprehensive bibliography.