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  • Brill | Sense x

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Edited by Myron H. Nordquist, John Norton Moore and Ronán Long

Cooperation and Engagement in the Asia-Pacific Region brings together contributions from leading experts around the world in the law of the sea. The volume addresses topics such as regional cooperation, protection and preservation of the marine environment, freedom of navigation, sustainable fisheries, and future cooperation within the important Asia-Pacific region. This book provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.

Alessandro Stasi

Elements of Thai Civil Law is meant to serve as an introduction to the study of legal concepts and legal principles that apply to Thai civil law. It is designed to provide a concise and systematic overview of the norms regulating legal relationships between private persons in a clear and straightforward style that is understandable to readers unused to legal phraseology. Each chapter gives a detailed analysis of a particular area of Thai civil law as well as numerous examples of the main issues encountered in a legal practice. Subject coverage includes: the law of obligations, property law, family law and succession.

The State Practice of India and the Development of International Law

Dynamic Interplay between Foreign Policy and Jurisprudence

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Bimal N. Patel

The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.

Finance, Rule of Law and Development in Asia

Perspectives from Singapore, Hong Kong and Mainland China

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Edited by Jiaxing Hu, Matthias Vanhullebusch and Andrew Harding

The financial markets of Hong Kong and Singapore are leading examples in Asian financial development and regulation. Shanghai, which is developing its Free Trade Pilot Zone, is equally aiming to incorporate a sophisticated service market in order to upgrade, reform and reinvigorate the current economic model of development in China in the aftermath of the global financial and economic crisis. Streamlining administrative regulation is a precondition for its financial market to find root and play a central role in Asia and beyond. Finance, Rule of Law and Development in Asia offers a contextualized approach to the economic and political realities within Asian financial markets, especially in these three different jurisdictions. The volume adopts a comparative and precise account on the prospects and challenges in further developing these financial centres.

Series:

Edited by Wei Zhang, Ruoyu Li and Zihan Yan

The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China.

In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.

Series:

Willem van Eekelen

This volume is an updated and expanded version of the author’s original book, first published by Martinus Nijhoff Publishers and based on his cum laude doctoral dissertation. That volume discussed how the Five Principles of Peaceful Coexistence drowned in the first war between a communist and a non-aligned state. This new edition reproduces the original text, but supplements it considerably in light of subsequent developments and official records and reports only later released or leaked to the public. It places Sino-Indian relations in the wider, current context of the rise of China, the position of Tibet and the disorganised state of Asia. The border dispute did not prevent substantial economic relations developing between the two countries and visits taking place at the highest political level. But it still gives rise to almost daily incursions, and in the current climate, the risk of a clash is growing, as forces have been strengthened and most of the Line of Actual Control has not been demarcated. This thought-provoking volume sheds light on what is still a complex and uneasy relationship.

The Spirit of Korean Law

Korean Legal History in Context

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Edited by Marie Kim

This is the first book on Korean legal history in English written by a group of leading scholars from around the world. The chapters set forth the developments of Korean law from the Chosŏn to colonial and modern periods through the examination of codified laws, legal theories and practices, and jurisprudence. The contributors’ shared premise is that the evolution of Korean law can be best understood when viewed in terms of its interactions with outside laws. Each chapter integrates literature in Korean, Japanese, Chinese, and Western languages into comprehensive analyses to make up-to-date research available to readers both inside and outside Korea. This volume provides a solid framework from which to approach Korean legal history in the perspective of comparative legal traditions.

Toward the Reform of Private Waqfs

A Comparative Study of Islamic Waqfs and English Trusts

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Hamid Harasani

Using a combination of the comparative legal method and hermeneutics, this book reconciles Islamic law with English trust’s law in these two main areas. It does not find it necessary for one legal system to reign supreme over the other, as such solutions will be questioned by the internal subjects of the dominated legal system, undermining the efficacy of this study. Rather, reconciliation is a mutual step to congruence taken by both legal systems. In the area of perpetuities, the book finds that neither Islamic Waqfs must be perpetual, nor common law trusts must have a rule against perpetuities. Regarding ownership theories, the multiplicity of rendered theories in both legal systems presents more than one avenue of reconciliation. Overall, the study finds that private Waqfs and private trusts can be reconciled without undermining the internal hermeneutic standpoints of both legal systems.

East Asia’s Renewed Respect for the Rule of Law in the 21st Century

The Future of Legal and Judicial Landscapes in East Asia

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Edited by Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan and Matthias Vanhullebusch

This volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.

National Space Law in China

An Overview of the Current Situation and Outlook for the Future

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Yun Zhao

China has made rapid developments in space technologies and space activities in the last few years, however, it still lags behind in the legal arena. In order to provide guidelines for and promote further development of space activities, China should speed up its national space legislation process. In National Space Law in China, Yun Zhao offers a comprehensive study of national space laws, regulations and policies in China. It contains rich information and materials of China’s space law and practice. As the first English monograph on national legislation on space law in China, this book shall contribute to the understanding of China’s current legal regime for space activities and future national space legislation.