Legal Traditions in Asia


Book Description

This book offers a comparative analysis of traditional Asian legal systems. It combines methods from legal history, legal anthropology, legal philosophy, and substantive law, pursuing a comprehensive approach that offers readers a broad perspective on the topic. The geographic regions covered include the Near East, Middle East, Central Asia, India, China, Japan, and Southeast Asia. For each region, the book first provides historical and political context. Next, it discusses major milestones in the region’s legal history and political institutions, as well as its forms of government. Readers are then presented with fundamental principles and terms needed to understand the legal arguments discussed. The book begins with the Ancient Near East and important topics such as Jewish law. The next part considers Islamic law, while also exploring modern issues. The third part focuses on Hindu and Buddhist law, while the fourth part covers China and Japan. The book’s closing section examines tribal societies, e.g. Mongols, Pashtuns and Malays. Topics covered include the interaction of legal systems within a legal circle, inter-systemic interactions, reasons for the failure and success of legal modernization, legal pluralism, and its effects on Asian societies. Family law, law of obligation, criminal law, and procedural law are also explored.




(Re)Negotiating East and Southeast Asia


Book Description

This book seeks to explain two core paradoxes associated with the Association of Southeast Asian Nations (ASEAN): How have diverse states hung together and stabilized relations in the face of competing interests, divergent preferences, and arguably weak cooperation? How has a group of lesser, self-identified Southeast Asian powers gone beyond its original regional purview to shape the form and content of Asian Pacific and East Asian regionalisms? According to Alice Ba, the answers lie in ASEAN's founding arguments: arguments that were premised on an assumed regional disunity. She demonstrates how these arguments draw critical causal connections that make Southeast Asian regionalism a necessary response to problems, give rise to its defining informality and consensus-seeking process, and also constrain ASEAN's regionalism. Tracing debates about ASEAN's intra- and extra-regional relations over four decades, she argues for a process-driven view of cooperation, sheds light on intervening processes of argument and debate, and highlights interacting material, ideational, and social forces in the construction of regions and regionalisms.




Law and Development in East and South-East Asia


Book Description

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.







When East Asia Meets Southeast Asia: Presence And Connectedness In Transformation Revisited


Book Description

This book intends to examine the relationship between East Asia and Southeast Asia across three themes: historical perspectives, economic flows of capital and people, and socio-cultural connections. While a substantial number of chapters in the book focus on overseas Chinese (living in Indonesia) and their connections with China and Taiwan historically and contemporarily, they also provide in-depth knowledge of international relationship between East Asia and Southeast Asia.Part One, 'Contending Regional Approaches', consists of four chapters that help readers understand the involvement of East Asia from a historical context. The first chapter on Taiwan before 1975 is followed by a chapter on Taiwan's strategy toward Southeast Asia after the 1980s. The remaining two chapters focus on China-Southeast Asia and Japan-Southeast Asia relations.Part Two, 'Economic Flows of Capital & People', consists of six chapters that mainly examine the flow of capital and people between Indonesia and Taiwan from the colonial period to the present and how this flow changed both societies.Part Three, 'Socio-Cultural Connections', consists of three chapters. This part is a unique contribution to the scholarship that focuses on the transformation of both traditional and popular culture among Southeast Asia, China, and Taiwan by focusing on different agents.




Empires of Vice


Book Description

A Shared Turn : Opium and the Rise of Prohibition -- The Different Lives of Southeast Asia's Opium Monopolies -- "Morally Wrecked" in British Burma, 1870s-1890s -- Fiscal Dependency in British Malaya, 1890s-1920s -- Disastrous Abundance in French Indochina, 1920s-1940s -- Colonial Legacies.




ASEAN Law and Regional Integration


Book Description

Since the passage of the ASEAN Charter in 2008, ASEAN has transformed itself from a loose economic cooperation, into a formal intergovernmental organization designed to create an “ASEAN Community” forged together in three pillar communities – the ASEAN Political-Security Community, ASEAN Economic Community, and tASEAN Socio-Cultural Community. Forty years of pre-Charter ASEAN practices, coupled with over ten years of post-Charter ASEAN practices thus far, has witnessed the conclusion of hundreds of legally binding regional treaties and similarly binding international instruments in all areas of economic, political-security, and socio-cultural concerns for Southeast Asia to achieve ASEAN’s rule of law-based development objective. Pre-Charter and post-Charter ASEAN Law is variably implemented under a hybrid governance system that depends heavily on ASEAN Member State national implementation alongside ASEAN’s evolving regional institutions. The result is not a model of deep integration as in the case of the European Union, but a particular paradigm of horizontal embeddedness of ASEAN Law – in all its norms and operational practices – contingent on the capacities and compliance of national government bureaucracies in Southeast Asia. This edited collection is a concise authoritative volume covering the practical, doctrinal, legal, and policy aspects of the new regime of ASEAN Law and its consequences for realizing rule of law-based development in Southeast Asia’s emerging single market and production base. Drawing together contributions from a range of key thinkers in the field, the editors present the legal and policy-making issues implicated in the practical implementation of Southeast Asia’s single market and its regime for the free movement of goods, services, foreign investment, and cross-border labor. The book also examines the nature of regional law-making under ASEAN before and after the commencement of regional integration in 2015, the nature of ASEAN’s economic regulators, as well as the evolving structure for enforcement and harmonization of “ASEAN Law” through the array of Southeast Asian national courts, arbitral tribunals, and incipient mechanisms for inter-State, intra-regional, and individual-State conflict management and dispute resolution. This book is highly relevant to students, scholars, and policy-makers with an interest in ASEAN Law and regional policy, and to Southeast Asian studies in general.




The European Higher Education Area


Book Description

Bridging the gap between higher education research and policy making was always a challenge, but the recent calls for more evidence-based policies have opened a window of unprecedented opportunity for researchers to bring more contributions to shaping the future of the European Higher Education Area (EHEA). Encouraged by the success of the 2011 first edition, Romania and Armenia have organised a 2nd edition of the Future of Higher Education – Bologna Process Researchers’ Conference (FOHE-BPRC) in November 2014, with the support of the Italian Presidency of the European Union and as part of the official EHEA agenda. Reuniting over 170 researchers from more than 30 countries, the event was a forum to debate the trends and challenges faced by higher education today and look at the future of European cooperation in higher education. The research volumes offer unique insights regarding the state of affairs of European higher education and research, as well as forward-looking policy proposals. More than 50 articles focus on essential themes in higher education: Internationalization of higher education; Financing and governance; Excellence and the diversification of missions; Teaching, learning and student engagement; Equity and the social dimension of higher education; Education, research and innovation; Quality assurance, The impacts of the Bologna Process on the EHEA and beyond and Evidence-based policies in higher education. "The Bologna process was launched at a time of great optimism about the future of the European project – to which, of course, the reform of higher education across the continent has made a major contribution. Today, for the present, that optimism has faded as economic troubles have accumulated in the Euro-zone, political tensions have been increased on issues such as immigration and armed conflict has broken out in Ukraine. There is clearly a risk that, against this troubled background, the Bologna process itself may falter. There are already signs that it has been downgraded in some countries with evidence of political withdrawal. All the more reason for the voice of higher education researchers to be heard. Since the first conference they have established themselves as powerful stakeholders in the development of the EHEA, who are helping to maintain the momentum of the Bologna process. Their pivotal role has been strengthened by the second Bucharest conference." Peter Scott, Institute of Education, London (General Rapporteur of the FOHE-BPRC first edition)







A Short History of South-East Asia


Book Description

Explore the fascinating history of south-east Asia A Short History of South-East Asia, Sixth Edition is the latest in a series of updated texts spotlighting this fascinating region. With revised chapters for all of the countries in this geographic area, this interesting text paints a remarkable overview of the characters and events that have shaped this part of the world. Founded upon a deeply perceptive observation of the late founding Prime Minister of Singapore Lee Kuan Yew, this book brings shape to the idea that 'to understand the present and to anticipate the future, one must know enough of the past, enough to have a sense of the history of a people.' With an approachable writing style and comprehensive content, this unique text was written for business readers interested in improving their understanding of this important region. With globalization continuing to gain momentum, south-east Asia is emerging as an important business sector for many industries. Not only does this open up professional opportunities, it exposes individuals in other parts of the world to the unique histories and cultures of the area. If you are interested in learning more about the region, this abbreviated text is a wonderful resource. Explore historic and political developments that have taken place throughout south-east Asia Quickly navigate text organized by country, allowing you to dive into the events that have shaped Brunei, Cambodia, East Timor, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam Gain an important global perspective, which can prove valuable on personal and professional levels Leverage your new understanding of the region's past to better understand its present and anticipate its future A Short History of South-East Asia, Sixth Edition is an abbreviated history of south-east Asia written with business readers in mind.