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


Book Description

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.




Forming Transnational Dispute Settlement Norms


Book Description

This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.




Women and the Judiciary in the Asia-Pacific


Book Description

First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.




Comparative Juvenile criminal justice


Book Description

The book deals with three interconnected themes. The first is the dascription of main features of juvenile criminal justice in such diverse countries as Thailand, China, Germany, France, and England. The second is the argument that ecucation is the essential principle of any juvenile delinquency justice systemn, and that the most important part of education must be moral instruction of young offenders. The third theme of the book is that warld religiong are indispensable for carrying out successful educational programs directed towards the formation of good conscince among young people. Three religious traditions are explored: Buddhism, Confu - cianism, and Christianlty. The presentation of the educational poten - tial of the world religions draws upon the axperience of the author as a volunteer teacher in a Thai juvenile correction institution.




Comparative CSR and Sustainability


Book Description

This book breaks new ground by providing a structured and cohesive set of contributions on the actions, developments, problems and theories of corporate social responsibility (CSR). With new case studies from the UN’s Least Developed Countries (LDCs), contributors in this book investigate how firms in Eastern and Western countries are responding to and making use of evolving CSR guidelines. The book addresses the following questions: is CSR simply greenwashing or an authentic commitment to responsible corporate citizenship? Has globalization drawn CSR conduct in LDCs closer to that of industrialized countries? Stakeholder theory, actor–network theory and a new orbital theory of accountability are applied to give coherence to the case studies. Other chapters address greenwashing in reports, the impact of CSR in socially stigmatized occupations, an analysis on what responsibility precisely entails in CSR, and the interface between law and CSR. The book also considers the impact of COVID-19 on the hospitality industry, and includes a contribution from Ukrainian scholars, one written while their city of Kharkiv was under attack by Russian forces. This book will be a useful reference to those interested in discussions on crises, climate change, and SDGs and realizing sustainable goals through CSR.




The Urban Contract


Book Description

Today, the increasing mobility of capital, people and information has changed the space relations of urban societies. Contractual relations have increased in every field of social life: in the economic field, but also in the political, and in creative and scientific areas. Contracts are not only legal frameworks or economic aggregates of individuals, but socially embedded forms. The concept of urban contract proposed in this book combines the theoretical body of economic-juridical literature on the contract with that of historical-anthropological and socio-spatial literature on the city. Through a diverse range of ten city case studies, The Urban Contract compares European, North-American and Asian Urban Contracts. It concludes with a theoretical proposal for understanding the deep dialectical nature of Contract Cities: their reciprocity and competition, their dual trend towards growth and decay, their cyclical nature as agents of change and disruption of the social forms of urbanity.




Hybrid Constitutionalism


Book Description

This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.




The Asian Yearbook of Human Rights and Humanitarian Law


Book Description

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 3 is Law, Gender and Sexuality.




China's National Security


Book Description

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.




The Missing American Jury


Book Description

Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.