Brill's Asian Law Series – serie

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.

The rise of Asia and the dynamics of Asian economic development have impacted global trade relationships and regional cooperation tremendously. While the WTO integrating national economies into global trade regulations has further liberalized trade relationships between developed and developing nations and amongst the emerging economies in particular in Asia, proliferation of free trade agreements in Asia has raised growing concerns regarding the fragmentation of the world economic order. World-renowned experts have here answered a variety of trade related issues ranging from China’s free trade agreements in its neighbourhood, the Tripartite Relationship between China, Japan and Korea, the Trans-Pacific Economic Partnership, the South Asian Association for Regional Cooperation as well human rights and environmental implications of free trade agreements.Contributors are: Jean-Marc F. Blanchard, Jianfu Chen, Won-Mog Choi, Ming Du, Henry Gao, Liyu Han, Jiaxiang Hu, Robert Irish, Tomoko Ishikawa, Md. Rizwanul Islam, Kwangkug Kim, Qingjiang Kong, Yong-Shik Lee, Wei Liang, Kuei-Jung Ni, Delei Peng, Yasuhei Taniguchi, Kim Van der Borght, Matthias Vanhullebusch, and Richard N. Watanabe, Shengxing Yu

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.

Legal education systems, like legal systems themselves, were framed across Asia without exception according to foreign models. These reflect the vestiges of colonialism, and can be said to amount to imitating the style and purposes of legal education typical in Western and relatively "pure" common law and civilian systems. Today, however, we see Asian legal education coming into its own and beginning to accept responsibility for designing curricula and approaches that fit the region’s particular needs. This book explores how conventional "transplanted" approaches as regards program design as well as modes of teaching are, or are on the cusp of being, reimagined and discerns emerging home-grown traces of innovation replacing imitation in countries and universities across East Asia.

Aviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.

National Security of India and International Law is a pioneering inter-disciplinary scholarly exercise in the context of India. It offers first-of-its kind perspective on interplay between the needs, concerns and interests of the national security actors, means and institutions and inherent limitations and prospects of international law to achieve the national security objectives of India. The work analyses traditional and contemporary issues and challenges – water, natural resources, refugee management, use of force, nuclear doctrine, space developments, defense procurement and manufacturing and private players, among others. It aims to generate inter-disciplinary debate, teaching and research in this emerging field of national security.

Environmental Courts and Tribunals in Asia-Pacific is an in-depth treatment of the features, best practices, challenges and future prospects for environmental courts and tribunals (ECTs) in the Asia-Pacific region. ECTs play an important role in improving environmental dispute resolution, access to environmental justice and environmental governance, but data and academic analysis on ECTs are very limited. This book fills that gap, with ten chapters authored by leading academics, judges and lawyers from multiple jurisdictions, including Australia, China, India, Indonesia, Japan, New Zealand, Pakistan, Philippines and Sri Lanka, as well as pan-Asia-Pacific and global perspectives

This book examines the Indonesian Constitutional Court's 20-year evolution, focusing on the Court's decision-making practices. The book explores how the Court makes law and has developed a de facto system of precedent. It demonstrates how the Court has used these practices to help protect a wide variety of constitutional rights, and to delineate the powers of various government institutions. Discussing landmark and sometimes-overlooked decisions alike, this book highlights the importance of the Court to modern Indonesia, amid numerous scandals and an uncertain future.

The Constitutional Court of Indonesia functions in one of the most diverse societies in the world. It is required to resolve disputes within a kaleidoscope of diversity and plurality with flexibility, pragmatism, asymmetry, and wisdom. Whilst national minimum norms are important for nation-building, recognition of local customs, diversities and indigenous systems are equally important to protect the territorial integrity of Indonesia and ensure local peace and stability. Responding to demands of religious plurality, customary lands rights, traditional voting systems, decentralisation to regions and local governments, and responding to diversity of community life, requires extraordinary skill, insight and flexibility. This book gives insight into twenty years of jurisprudence and places it in an international comparison.

This book critically examines the constitutional position and contribution of the Bangladesh Parliament during the fifty years of its existence. Examining the institution through a “Westminster” lens, the book unearths how and why it behaves in an (un)Westminster, rather say the "Eastminster”, way. This book is the first of its kind attempting a separation of powers and checks and balances inspired analysis of the Parliament vis-à-vis Bangladesh's government, judiciary, and the people. It explains how its internal democracy deficit arising from the country's undemocratic political partises deny the Bangladesh Parliament, its rightful place within the country's constitutional design.

What if Chinese citizens could hold governments accountable for restoring damaged ecosystems? As ecosystems collapse worldwide, this book reveals how China can learn from the public trust principle to develop voluntary restoration commitments into action more effectively. It shows how legal tools, such as environmental public interest litigation and ecological environment damage compensation litigation, are being used to enforce international restoration commitments under the UNCCD, UNFCCC, and CBD. Drawing on legal cases, it argues for reforms that empower NGOs and individuals to hold public authorities accountable — so that ecological restoration becomes not just an ideal, but a legal obligation.