Law Commons^™

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, Stuart Ford

Stuart Ford

No abstract provided.

International Intellectual Property Scholars Series: Intellectual Property And Asian Values, Peter K. Yu, Peter K. Yu

Peter K. Yu

From Niall Ferguson to Fareed Zakaria, commentators have paid growing attention to the rise of Asia and its implications for the West. Recent years have also seen the emergence of a growing volume of literature on intellectual property developments in Asia, in particular China and India. Few commentators, however, have explored whether Asian countries will take unified positions on international intellectual property law and policy.

Commissioned for the Inaugural International Intellectual Property Scholars Series, this article fills the void by examining intellectual property developments in relation to the decades-old 'Asian values' debate. Drawing on the region's diversity in economic and …

Intellectual Property, Asian Philosophy And The Yin-Yang School, Peter K. Yu

Peter K. Yu

As an introduction to a special issue on intellectual property philosophy, this article focuses on insights from Asian thought. Such a focus is needed not only to provide balance within this special issue, which includes articles focusing primarily on Western philosophy, but also to highlight the compatibility between Asian philosophy and the notion of intellectual property rights. More importantly, this article aims to demonstrate that Asian philosophy may suggest new ways to address the ongoing and highly complex intellectual property challenges confronting emerging economies and the digital environment.

This article begins by providing a brief discussion of the many different …

Tpp And Trans-Pacific Perplexities, Peter K. Yu

Peter K. Yu

No abstract provided.

The International Politics Of Combating Piracy In Southeast Asia, Christopher Rahman

Chris Rahman

No abstract provided.

The Implications Of Recent Decisions Of International Courts And Tribunals On The Territorial And Maritime Boundary Disputes In East And Southeast Asia (Nbr Special Report No.37 - Pp105-128), Lowell Bautista

Lowell Bautista

EXECUTIVE SUMMARY

This essay examines recent decisions of international courts and tribunals—specifically, the 2009 Maritime Delimitation in the Black Sea case between Romania and Ukraine—and draws implications for the territorial and maritime boundary disputes in East and Southeast Asia.

Main Findings The judgment of the International Court of Justice (ICJ) in the Black Sea case is a landmark jurisprudential contribution to the development of the law of maritime delimitation. In this case, the ICJ explicitly provided a three-stage delimitation method—which, although not novel, is a clarification and clear articulation not seen in previous cases.

The peaceful settlement of disputes over …

Organization, Mandate, Performance: Pacs In The Asian Region, Riccardo Pelizzo, Sruti Bandyopadhyay

Riccardo Pelizzo

the paper investigates the organization, the mandate and the performance of public accounts committees in Asia. The evidence presented here can easily be summarized in the following terms: PACs from Asia are bigger, better staffed and more likely to be chaired by an opposition MP than PACs in the rest of the world. These three characteristics are offset by the fact that in Asian PACs opposition parties are not represented nearly as well as they are in the rest of the world. In terms of mandate, PACs in Asia have on average a much wider mandate than they do elsewhere. …

Institutional Frameworks For Ecosystem-Based Management In The Asia-Pacific Region, Martin Tsamenyi, Hasjim Djalal, Mary Ann Palma

Professor Ben M Tsamenyi

No abstract provided.

Assessing The Exposure Of Asian States To Investment Claims, Julien Chaisse

Julien Chaisse

The developments which are now taking place show that Asian states are increasingly negotiating international investment agreements (hereinafter IIAs) — in the form of BITs or PTAs — which form a dense network of obligations. Although few cases had been brought against Asian states by 2009, the pattern has changed since 2010, with a sharp increase in the initiation of investor-state arbitration proceedings over the last three years bringing the total of investment claims against Asian States to a significant total of 87 international disputes. Although some IIAs have generated a few disputes for technical reasons (for example, those concluded …

Constitutionalism: East Asian Antecedents, Tom Ginsburg

Tom Ginsburg

No abstract provided.

The Judicialization Of Japanese Politics?, Tom Ginsburg, Tokujin Matsudaira

Tom Ginsburg

No abstract provided.

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Matthew J. Wilson

As juries in the U.S. and other parts of the world have increasingly come under attack, many countries in Asia have recently turned to juries or quasi-juries in an effort to enhance judicial credibility, ensure justice, facilitate civic engagement, and even stimulate economic reform and recovery. In fact, Japan has led the recent movement of citizen participation in criminal judicial proceedings, and other Asian powers including South Korea, Taiwan, and China have followed its lead to varying degrees. Eyes around the world are focusing on Japan to see how its new jury system (more commonly known as its “lay judge …

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Matthew J. Wilson

As juries in the U.S. and other parts of the world have increasingly come under attack, many countries in Asia have recently turned to juries or quasi-juries in an effort to enhance judicial credibility, ensure justice, facilitate civic engagement, and even stimulate economic reform and recovery. In fact, Japan has led the recent movement of citizen participation in criminal judicial proceedings, and other Asian powers including South Korea, Taiwan, and China have followed its lead to varying degrees. Eyes around the world are focusing on Japan to see how its new jury system (more commonly known as its “lay judge …

Book Review: Stacey Steele And Kathryn Taylor, Eds., Legal Education In Asia: Globalization, Change And Contexts, Carole Silver

Carole Silver

U.S. legal education is under fire from all sides. Travel outside of the U.S., however, and the U.S. often is a model for reform efforts, even the standard against which legal education programs in much of the rest of the world measure themselves. In Legal Education in Asia, Stacey Steele, Kathryn Taylor and their co-authors offer insight into globalization’s influence on legal education. They find that globalization has sharpened the peripheral vision of reformers by encouraging them to consider the approaches followed elsewhere to educating lawyers as well as the role lawyers play in society. Their analysis also identifies the …

The Three-Pronged Strategy Of India's Preferential Trade Policy - A Contribution To The Study Of Modern Economic Treaties, Julien Chaisse

Julien Chaisse

Before the inception of WTO, India generally did not pursue any regional economic agreement route to promote trade or to achieve any other goal. However, in the Post Cancun Ministerial period, it has progressively entered into a number of preferential trade arrangements with several Asian as well as non-Asian partners. Looking into India’s regional economic integration approach, the current analysis makes an attempt to identify the major determinants behind the shift in the country’s interest and the policy implications of this change. We conclude that India’s approach towards preferential trade can de depicted as a three-pronged PTA strategy: it can …

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Richard Daniel Klein

No abstract provided.

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein

Richard Daniel Klein

No abstract provided.

Is It Greek Or Déjà Vu All Over Again?: Neoliberalism, And Winners And Losers Of International Debt Crises, Tayyab Mahmud

Tayyab Mahmud

The global financial meltdown and the Great Recession of 2007-09 have brought into sharp relief the uneven distribution of gain and pain in economic crises. The 2009-10 debt crisis of Greece has resulted in a windfall for financial institutions at the expense of tax-payers, a rollback of welfare systems, and impoverishment of the working classes. This result is in tune with a pattern evidenced by the ubiquitous international debt crises of the last three decades, including the Latin American crisis of the 1980s, and the Asian crisis of 1990s. The recurrent international debt crises of the last three decades and …

Judicial Independence In East Asia: Implications For China, Tom Ginsburg

Tom Ginsburg

This chapter explores the experience of China’s East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China’s own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural traditions, and …

The Constitutional Court And The Judicialization Of Korean Politics, Tom Ginsburg

Tom Ginsburg

The Constitutional Court of Korea recently celebrated its 20th anniversary, and has become one of the most respected institutions in Korean society. It is also one of the most important constitutional courts in the world. This book chapter describes the court and some of its important cases, while tracing the sources of its success.

Eastphalia As A Return To Westphalia, Tom Ginsburg

Tom Ginsburg

Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational …

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom

Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee

Jae-Hyup Lee

Korea introduced civil participation in criminal trials (jury trials) for the first time in the nation’s history on January 1, 2008. The Korean jury system incorporates both the U.S.-style jury system and the German lay assessor system to assess the actual experience of citizen participation in trials during the initial five year experimental phase. This Article first delineates the background history of the introduction of the jury system in Korea and explains the relevant legal provisions. Then the Article discusses problems that have arisen, implications for the future, and important remaining research questions based on the experience of the first …

Constitutional Afterlife: The Continuing Impact Of Thailand's Postpolitical Constitution, Tom Ginsburg

Tom Ginsburg

Thailand’s constitution of 1997 introduced profound changes into the country’s governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on …

The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg

Tom Ginsburg

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …

Constitutional Courts In East Asia: Understanding Variation, Tom Ginsburg

Tom Ginsburg

No abstract provided.

The Politics Of Transparency In Japanese Administrative Law, Tom Ginsburg

Tom Ginsburg

No abstract provided.

Law And The Liberal Transformation Of The Northeast Asian Legal Complex, Tom Ginsburg

Tom Ginsburg

No abstract provided.