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

The Future of Legal and Judicial Landscapes in East Asia

Series:

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.
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Biographical Note

Setsuo Miyazawa, Ph.D. (1986), Yale University, is Professor of law at UC Hastings Law School in the U.S. and Aoyama Gakuin University in Tokyo, Japan.
Weidong Ji,Ph.D. (1993), Kyoto University, is Professor of Law at Shanghai Jiao Tong University and Honorary Professor in Kobe University in Japan.
Hiroshi Fukurai, Ph.D. (1985), UC Riverside, is Professor of Sociology & Legal Studies at UC Santa Cruz and has more than 100 publications, including 4 books, law reviews, chapters and ed-op pieces.
Kay-Wah Chan, Ph.D, (2003), Macquarie University, is Senior Lecturer at Macquarie University. His recent article includes "Setting the limits: who controls the size of the legal profession in Japan?" in International Journal of the Legal Profession (2012).
Matthias Vanhullebusch, Ph.D (2011) in Law, School of Oriental and African Studies (University of London), is Assistant Professor and Executive Director of the Asian Law Center at the KoGuan Law School of the Shanghai Jiao Tong University.

Table of contents

Foreword: Asia’s Changing Legal and Judicial Landscape
Tom Ginsburg

List of Contributors
List of Figures and Tables

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

part 1 Emerging Judicial Stratifications in Legal Profession

The Development and Prospect of Legal Aid in China’s Criminal Trial
Weimin Zuo

Stratification or Diversification? 2011 Survey of Young Lawyers in Japan
Setsuo Miyazawa, Atsushi Bushimata, Keiichi Ageishi, Akira Fujimoto, Rikiya Kuboyama and Kyoko Ishida

part 2 War Crimes and Their Legacies in the Post-Colonial Era

Justice Delayed: Post-Colonial Hauntings in the Khmer Rouge Tribunal Hybrid Court System
Yvonne Y. Kwan

“Post-Colonial” Legal Interpretation in Macau, China: Between European and Chinese Influences
Denis de Castro Halis

The Right to Truth and the Legacies of World War II: A Way Forward for China?
Matthias Vanhullebusch

part 3 Citizens’ Participation in the Justice System

China’s Lay Participation in the Justice System: Surveys and Interviews of Contemporary Lay Judges in Chinese Courts
Zhuoyu Wang and Hiroshi Fukurai

What’s Happening in the Jury Room? Analyzing Shadow Jury Deliberation in Korea
Jae-Hyup Lee, Jisuk Woo, June Woong Rhee, Jeong Min Choi and Hyunki Shin

Outlook and Contents of the “Civil Tribunal System” as Proposed by the Japan Federation of Bar Associations (JFBA)
Harumi Takebe

part 4 Gender and Law
Changes in Gender Composition and the Future of Gender Balance in the Legal Professions in Korea
Haesook Kim

Gender, Law and Legal Professions in China
Xiaonan Liu

part 5 Environmental Justice and Legal Culture

China’s Past, Present and Future Approach to Climate Change
Patricia Blazey and Xiangbai He

Thailand’s Climate Policy and Law in the Making: Can the Tradition of Thai Civil Law Cope with Climate Governance?
Kridtiyaporn Wongsa

Legal Instrumentalism in China: The Case of Hukou Legislation in Beijing and Shenzhen
Qiqi Fu and Paola Pasquali

Invisible People, Pollution, and Places: Nuclear Contamination on the Tibetan Plateau, Himalayan Rivers, and Water Users
Abigail Brown

Bibliography
Author Index
Subject Index

Readership

Any scholars, researchers, and educators who teach social, political and legal issues in East Asia, and those who are interested in the emerging legal development in social, political, gender and judicial relations in countries in East Asia

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