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Legal Reforms In China And Vietnam

Author: John Gillespie
Publisher: Routledge
ISBN: 1136978429
Size: 35.59 MB
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Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Land Grabs In Asia

Author: Connie Carter
Publisher: Routledge
ISBN: 1317446313
Size: 73.71 MB
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Although there is no universally accepted definition of the term "land grabbing", ordinary people whose livelihoods are adversely affected by land grabbing know exactly what it is. It involves the physical capture and control of land and homes, including the usurpation of the power to decide how and when these will be used and for what purposes – with little or no prior consultation or compensation to the displaced communities. This thought-provoking book defines land grabbing, and examines aspects of the land grabs phenomenon in seven Asian countries, researched and written by country-specific legal scholars. The book provides unique perspectives on how and why land grabbing is practised in China, India, Pakistan, Cambodia, Malaysia, Myanmar and Indonesia, and explores the surprising role that law plays in facilitating and legitimizing land grabs in each country. In contrast to most of the literature which law focuses on foreign investors’ rights under international law, here the focus is on domestic laws and legal infrastructures. Finding that Asian States need to move beyond existing regimes that govern land to a regime that encourages more equitable land rights allocation and protection of stakeholders’ rights, the book urges further research in the nexus between the use of law to facilitate development. Land Grabs in Asia is the first book to explore land grabbing in multiple jurisdictions in Asia. As such, it will appeal to students and scholars of law and development, law and society, and international relations, as well as being essential reading for development policy-makers and government ministers.

Politics And Constitutions In Southeast Asia

Author: Marco Bünte
Publisher: Routledge
ISBN: 1317537653
Size: 37.43 MB
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Socialist Law In Socialist East Asia

Author: Hualing Fu
Publisher: Cambridge University Press
ISBN: 1108545858
Size: 54.11 MB
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Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

Asian Courts In Context

Author: Jiunn-rong Yeh
Publisher: Cambridge University Press
ISBN: 1316195066
Size: 62.57 MB
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The rise of Asia in global political and economic developments has been facilitated in part by a profound transformation of Asian courts. This book provides the most up-to-date and comprehensive analysis of these courts, explaining how their structures differ from courts in the West and how they have been shaped by the current challenges facing Asia. Contributors from across the continent analyze fourteen selected Asian jurisdictions representing varying degrees of development: Japan, Korea, Taiwan, India, Indonesia, Mongolia, the Philippines, Hong Kong, Singapore, Bangladesh, Malaysia, Thailand, China and Vietnam. Setting the courts of each region in the context of their country's economic, political, and social dynamics, this book shows how and why Asian courts have undergone such profound transformations in recent years and predicts the future trajectories of tradition, transition and globalization to suggest the challenges and developments that lie ahead.

Freedom Of Information Reform In China

Author: Weibing Xiao
Publisher: Routledge
ISBN: 1136630678
Size: 50.35 MB
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Freedom of Information (FOI) in China is often perceived as a recent and intriguing phenomenon. This book presents a more complex and detailed understanding of the evolution of FOI in China, using information flow analysis to explore the gradual development of government receptivity to FOI in an information environment through time. The book argues that it is necessary to reassess the widely divergent origins of FOI reform in China, and asserts that social, political and legal factors should have central roles in understanding the development of FOI in China. The book uses information flow analysis to find that FOI reform in China formed part of a much longer process of increased transparency in the Chinese information environment, which gradually shifted from the acceptance of proactive disclosure to that of reactive disclosure. FOI thus has become a beneficiary of this gradual transformation of the Chinese information environment.

Legal Transplantation In Early Twentieth Century China

Author: Michael H. K. Ng
Publisher: Routledge
ISBN: 1317674960
Size: 30.24 MB
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"Practicing law" has a dual meaning in this book. It refers to both the occupational practice of law and the practicing of transplanted laws and institutions to perfect them. The book constitutes the first monographic work on the legal history of Republican Beijing, and provides an in-depth and comprehensive account of the practice of law in the city of Beijing during a period of social transformation. Drawing upon unprecedented research using archived records and other primary materials, it explores the problems encountered by Republican Beijing’s legal practitioners, including lawyers, policemen, judges and criminologists, in applying transplanted laws and legal institutions when they were inapplicable to, incompatible with, or inadequate for resolving everyday legal issues. These legal practitioners resolved the mismatch, the author argues, by quite sensibly assimilating certain imperial laws and customs and traditional legal practices into the daily routines of the recently imported legal institutions. Such efforts by indigenous legal practitioners were crucial in, and an integral part of, the making of legal transplantation in Republican Beijing. This work not only makes significant contributions to scholarship on the legal history of modern China, but also offers insights into China’s quest for modernization in its first wave of legal globalization. It is thus of great value to legal historians, comparative legal scholars, specialists in Chinese law and China studies, and lawyers and law students with an interest in Chinese legal history.

Constitution Making In Asia

Author: H. Kumarasingham
Publisher: Routledge
ISBN: 1317245105
Size: 15.31 MB
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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

China And Eu

Author: Jing Men
Publisher: Taylor & Francis
ISBN: 1134991851
Size: 73.46 MB
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Reform and governance are of vital interest to both the People’s Republic of China and the European Union (EU). China is facing demographic and environmental challenges and has been experiencing a rapid economic transition. The social tensions arising from these challenges call for a governance system that will allow the Chinese leadership to alleviate social tensions without putting at risk their leadership. A society which is becoming more diverse and facing problems of a global scale that also cause turmoil at the grass roots may be difficult to govern top-down. Notwithstanding the Communist Party of China’s (CPC) grip on Chinese society, there may be ways to integrate public opinion and civil society organisations in governmental decision-making through reforms that do not challenge the current leadership. The EU, on the other hand, faces the same global challenges with a very different and complex governance system. EU foreign and security policy, thus including EU policy towards China, are governed by the EU’s foreign policy principles, which contain, among others, the promotion of democracy, the rule of law and the universality and indivisibility of human rights and fundamental freedoms. How successful can the EU be in advancing these principles when engaging with China, while respecting the Chinese political system? How can the EU and China find common grounds in their governance systems so as to enhance their strategic partnership in order to tackle global issues that need a coordinated approach?

Routledge Handbook Of The Chinese Communist Party

Author: Willy Wo-Lap Lam
Publisher: Routledge
ISBN: 1134847440
Size: 37.40 MB
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Whilst the Chinese Communist Party is one of the most powerful political institutions in the world, it is also one of the least understood, due to the party’s secrecy and tight control over the archives, the press and the Internet. Having governed the People’s Republic of China for nearly 70 years though, much interest remains into how this quintessentially Leninist party governs one-fifth of the world and runs the world’s second-largest economy. The Routledge Handbook of the Chinese Communist Party gives a comprehensive and multi-faceted picture of the party’s traditions and values – as well as its efforts to stay relevant in the twenty-first century. It uses a wealth of contemporary data and qualitative analysis to explore the intriguing relationship between the party on the one hand, and the government, the legal and judicial establishment and the armed forces, on the other. Tracing the influence of Marx, Engels, Lenin and Stalin, as well as Mao Zedong, on contemporary leaders ranging from Deng Xiaoping and Jiang Zemin to Hu Jintao and Xi Jinping, the sections cover: the party’s history and traditions; how the party works and seeks to remain relevant; major policy arenas; the CCP in the twenty-first century. The Routledge Handbook of the Chinese Communist Party will be of interest to students and scholars of Chinese Politics, Asian Politics, Political Parties and International Relations. Go to https://www.bookshop4u.com/lw1 to see Willy Lam introduce the book.