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Full-Text Articles in Law

Asian Courts And Lgbt Rights, Holning Lau Dec 2019

Asian Courts And Lgbt Rights, Holning Lau

Holning Lau

Courts have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. For example, Taiwan’s highest court ruled in 2017 that it was unconstitutional to exclude same-sex couples from marriage. As a result, in 2019, Taiwan became the first jurisdiction in Asia to legalize same-sex marriage. Among judicial decisions from Asia, Taiwan’s marriage ruling has gone the furthest in affirming same-sex relationships, but it is not alone in vindicating the rights of gay men, lesbians, and bisexuals. Courts in Asia have also advanced transgender rights. For example, building on …


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 Oct 2019

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 Nov 2018

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 May 2016

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 Jul 2015

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 Jan 2015

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 Nov 2013

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 Jul 2013

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 Mar 2013

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 Jan 2013

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 …


The Judicialization Of Japanese Politics?, Tom Ginsburg, Tokujin Matsudaira Dec 2012

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 Dec 2012

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

Erin Ryan

This article presents a case study of adapting the Socratic Method, popularized in American law schools, to teach critical thinking skills underemphasized in Chinese universities and group competency skills underemphasized at U.S. institutions. As we propose it here, Multilevel Socratic teaching integrates various levels of individual, small group, and full class critical inquiry, offering distinct pedagogical benefits in Eastern and Western cultural contexts where they separately fall short. After exploring foundational cultural differences underlying the two educational approaches, the article reviews the goals, methods, successes, and challenges encountered in the development of an adapted “Multilevel Socratic” method, concluding with recommendations …


Book Review: Stacey Steele And Kathryn Taylor, Eds., Legal Education In Asia: Globalization, Change And Contexts, Carole Silver Apr 2012

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 Aug 2011

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 Jul 2011

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 Jul 2011

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 Aug 2010

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 …


Law And The Liberal Transformation Of The Northeast Asian Legal Complex, Tom Ginsburg Dec 2006

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

Tom Ginsburg

No abstract provided.