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• 1942
• Banana money
• Tax receipts
• Application forms
• Women who wait
• Red flags
• 1962
• Conclusion : an uneasy calm.

• 1942
• Banana money
• Tax receipts
• Application forms
• Women who wait
• Red flags
• 1962
• Conclusion : an uneasy calm.

"For more than a century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival research conducted in India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives"-- Provided by publisher.

• Introduction: Mapping the Buddhist-constitutional complex in Asia / Tom Ginsburg and Benjamin Schonthal
• Buddhism and constitutionalism in precolonial Southeast Asia / D. Christian Lammerts
• Theorising constitutionalism in Buddhist-dominant Asian polities / Asanga Welikala
• The Zhabdrung's legacy : Buddhism and constitutional transformation in Bhutan / Richard W. Whitecross
• The "trick of law" : the hermeneutics of early Buddhist law in Tibet / Martin A. Mills
• Tibetan Buddhist monastic constitutional law and governmental constitutional law : mutual influences? / Berthe Jansen
• Guardians of the law : Sinhala language and Buddhist reformation in postwar Sri Lanka / Krishantha Redricks
• Thai constitutions as a battle ground for political authority : Barami versus Vox Populi / Khemthong Tonsakulrungruang
• Establishing the king as the source of the constitution : shifting 'bricolaged' narratives of Buddhist kingship from Siam to Thailand / Eugénie Mérieau
• Buddhist constitutionalism beyond constitutional law : Buddhist statecraft and military ideology in Myanmar / Iselin Frydenlund
• Reconstituting the divided Sangha : Buddhist authority in post-conflict Cambodia / Benjamin Lawrence
• Constitutional Buddhism : Japanese Buddhists and constitutional law / Levi McLaughlin
• Governing Buddhism in Vietnam / Ngoc Son Bui
• The Buddhist Association of China and constitutional law in Buddhist majority nations : the international channels of influence / André Laliberté
• Governing "Lamaism" on the "frontier" : Buddhism and law in early twentieth-century inner Mongolia / Daigengna Duoer
• Buddhist constitutional battlegrounds : using the courts to litigate monastic celibacy in South Korea (1955-1970) / Mark A. Nathan
• On the familiar pleasures of estrangement / Deepa Das Acevedo
• Buddhism and constitutionalism : a comoparison with the canon law / Richard H. Helmholz
• Islam and Constitutional law : insights for the emerging field of Buddhist constitutional law / Clark B. Lombardi

"Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of "the Buddhist-constitutional complex," demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience"-- Provided by publisher

Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of "the Buddhist-constitutional complex, " demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.-- Provided by publisher.

• Coercion meets pragmatism
• From James to regulatory pragmatism
• Examining regulatory pragmatism along the India-Nepal border
• Compliance in the absence of significant coercive capacity
• Inconsistent state action, inaccurate legal knowledge & non-compliance
• Accurate legal knowledge under adverse conditions
• Regulatory pragmatism outside of the forest
• Conclusion

State capacity is often equated with coercion. However, history has shown that it is extremely difficult for states with weak capacity to ensure compliance with their laws. In Capacity beyond Coercion, Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. Utilizing extensive data collected in adjacent districts in India and Nepal, she demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations. She argues that one such barrier is imperfect legal knowledge and shows how states that have engaged in what she terms "regulatory pragmatism" may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. Exploring two such efforts-delegated enforcement and information dissemination through local leaders, Ostermann demonstrates that states that suffer from limited coercive capacity but behave pragmatically can still bring about large-scale compliance. Given that many states have weak enforcement capacity, the findings in Capacity beyond Coercion point a way forward for more effective and responsive governance throughout the developing world.
(source: Nielsen Book Data)

• The theoretical framework
• Adoption of competition laws in India and Pakistan
• The spread of competition laws across South Asia
• Enforcing Indian and Pakistani Competition Acts : an overview of the authorities and their operations
• Anti-competitive agreements and interpretive strategies in India and Pakistan
• Understanding penalties in the context of the adoption process
• Pre-existing legal systems in competition enforcement
• Implementing competition laws across South Asia
• Bridging the implementation gap.

"In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe"-- Provided by publisher.

• 1. The theoretical framework
• 2. Adoption of competition laws in India and Pakistan
• 3. The spread of competition laws across South Asia
• 4. Enforcing Indian and Pakistani competition acts: an overview of the authorities and their operations
• 5. Anti-competitive agreements and interpretive strategies in India and Pakistan
• 6. Understanding penalties in the context of the adoption process
• 7. The role of pre-existing legal systems in competition enforcement
• 8. Implementing competition laws across South Asia
• 9. Bridging the implementation gap.
• (source: Nielsen Book Data)

In the last twenty years, South Asian countries have increasingly engaged with modern competition legislation. Yet, apart from India and Pakistan, the countries in this region have had little success enforcing these laws. Competition Law in South Asia analyses the mechanisms and institutions through which Bangladesh, Bhutan, India, Pakistan, Maldives Nepal, Sri Lanka, and Afghanistan have engaged with modern competition legislation. The book argues that the success (or failure) of competition reform in these countries is inextricably linked to the unique interplay of mechanisms and legal and political institutions through which these countries have engaged with competition legislation. The book provides an in-depth comparative analysis of the adoption and implementation continuum in India and Pakistan, the compatibility and legitimacy generated by the adoption process, and its impact on implementation. Taking a far-reaching, comparative approach, the book draws lessons not only for countries in South Asia but also for emerging economies across the globe.
(source: Nielsen Book Data)

• Constitutional resilience in South Asia : a primer / Swati Jhaveri, Tarunabh Khaitan and Dinesha Samaratne
• Institutional resilience and political transitions in Sri Lanka and beyond / Dian A.H. Shah and Mario Gomez
• Old powers and new forces in the Bhutanese constitution-- anticipating the resilience of a young constitution / Mihaela Windischgraetz
• Territorial dynamics in Sri Lanka : federalism, unitarianism and path dependence / Jayani Nadarajalingam and Zim Nwokora
• Proposing a solidarity-based (federal) solution for Sri Lanka / Erika Arban
• The constitutional resilience of human rights in new federal states : local government and the National Human Rights Commission in Nepal / Hari P. Dhungana and Iain Payne
• Killing a constitution with a thousand cuts : executive aggrandisement and party-state fusion in India / Tarunabh Khaitan
• Dysfunction and ad hocism in agenda setting : compromising of the Lok Sabha in India / Devendra Damle and Shubho Roy
• Dysfunctional resilience in the Afghan civil service / Ebrahim Afsah
• The Maldives : a parable of judicial crisis, institutional corrosion and democratic demise / Ahmed Nazeer
• Judicial evasion, judicial vagueness and judicial revisionism : a study of the NCT of Delhi v. Union of India Judgment(s) / Gautam Bhatia
• Sri Lanka's guarantor branch : constitutional resilience by stealth? / Dinesha Samaratne
• The South Asian fourth branch : desiging election commissions for constitutional resilience / Michael Pal
• Between trust and democracy : the Election Commission of India and the question of constitutional accountability / M. Mohsin Alam Bhat
• The turbulent journey and overlooked opportunities of electoral democracy in Bangladesh / Muhammad Omar Faruque
• Rescuing the agency and resilience of civilian political actors : civil-military relations in Pakistan, 2008-20 / Farhan Hanif Siddiqi
• A frozen democratic transition : Pakistan's hybrid regime and weak party system / Muhammad Salman and Marzia Raza
• Rethinking constitutional resilience from below : Dalit righs and land reform / Faizan Jawed Siddiqi
• Constitutional patriotism in India : appreciating the people as constitutional actors / Jahnavi Sindhu and Vikram Aditya Narayan
• Epilogue : resilience and political constitutionalism in South Asia and beyond / Philipp Dann.

"South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion"-- Provided by publisher.

• Pacta sunt servanda, the common law, and Hong Kong / Stephen Hall
• Exceptions to pacta sunt servanda in the Chinese Civil Code / Siyi Lin
• In a Bubble by the Sea : COVID-19, time and contract law in the Macau S.A.R. / Célia F. Matias and Monica Chan
• Contracts in the time of COVID-19 : common law and statutory solutions in Singapore / Wayne Courtney
• The principle of pacta sunt servanda and its exceptions under Japanese contract law / Tomohiro Yoshimasa
• Change of circumstances in Korean contract law : an exception to pacta sunt servanda / Boeun Chang
• The property management service contract with Chinese characteristics : an exception to pacta sunt servanda? / Jianbo Lou and Yimeng Ye
• Pacta sunt servanda in the age of cryptocurrency : the case of China / Chao Xi
• Post-employment non-compete agreements under the Taiwan Labour Standards Act and pacta sunt servanda / Yalun Yen
• Pacta sunt servanda and the consumer’s right of withdrawal / Geraint Howells
• Contract enforcement during the Global Financial Crisis: Lessons for the coming tsunami / Kingsley Ong
• Invoking COVID-19 to suspend or terminate the operation of a treaty / Hanh Hong Pham and Huong Thi Thu Phung
• Treaties and pacta sunt servanda : a shared concept for the PRC? / Noble Po-kan Lo
• Pacta sunt servanda : comfort letters in an age of instability and strategic rivalry / Joel Slawotsky
• Pacta sunt servanda : a maxim and its exceptions in comparative perspective / Normann Witzleb

"This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness.This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions"-- Provided by publisher

• Foreign direct investment inflow and investment climate in ASEAN least developed countries / Terukazu Suruga, Phanhpakit Onphanhdala
• Policy choices in the economic law reforms of ASEAN emerging economies : a comparative perspective / Yuka Kaneko
• Comparative approach to ASEAN competition policy and law / Makoto Kurita
• Characteristics of labour disputes resolution in the four ASEAN least developed countries / Kozo Kagawa
• Development of consensual dispute resolution procedures in Vietnam : an aspect of legal development support and the development of ADR / Shiro Kawashima
• Asset preservation procedures and compulsory execution as basic framework for debt recovery in the ASEAN late-developing countries / Yoshifumi Akanishi
• Status of the reform of Laos’ real property system and a perspective on legal development support : a fundamental consideration of phases 1 and 2 of the Lao land titling project / Kenzo Okawa
• Foreign direct investment and inflow climate in Laos by industry / Terukazu Suruga.

"This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as sticks) and investment incentives (as carrots). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals"-- Provided by publisher.

• Intellectual property, creativity and innovation in ASEAN / Christoph Antons and Michael Blakeney
• Part I: Recent IP developments in individual ASEAN countries
• Intellectual property law in Singapore / Ng-Loy Wee Loon
• Intellectual property developments in Malaysia / Lim Heng Gee
• The state of intellectual property protection in the Philippines : what lies ahead? / Ferdinand M. Negre and Jonathan Q. Perez
• Brunei Darussalam : building an intellectual property system for a knowledge and innovation economy / Gabriel Garcia
• Intellectual property rights in South East Asian least developed countries : the cases of Cambodia, the Lao People's Democratic Republic, and Myanmar / Gabriel Garcia
• Part II: ASEAN intellectual property developments and the wider region
• Provisions on intellectual property in ASEAN free trade agreements : issues and implications in policy and implementation / Thitapha Wattanapruttipaisan
• The incremental development of the ASEAN-China strategic partnership for intellectual property / Peter K. Yu
• Part III: Comparative analysis of specific intellectual property issues in ASEAN
• The battle against digital copyright infringements in ASEAN / Hannah Yee-Fen Lim
• Intellectual property, farmers' rights and agriculture in the ASEAN countries / Christoph Antons and Michael Blakeney
• Enforcement of IPRs in ASEAN / Michael Blakeney
• Pharmaceutical patent laws in South East Asian countries / Christopher Arup

• Introduction
• 1. The foundation of the ASEAN investment regime
• 2. Tracing influences on the ASEAN investment regime
• 3. Positioning of the ASEAN investment regime
• 4. Synthesis
• Conclusion.
• (source: Nielsen Book Data)

In recent decades, South East Asia has become one of the world's most popular destinations for foreign investment. The member states of the Association of Southeast Asian Nations (ASEAN) have employed varying modalities to pursue first security and then economic cooperation. This book explores regional law and governance in ASEAN through the lens of its regulation of foreign investment. It adopts a new framework to identify the unique ontological autonomy of the ASEAN Investment Regime beyond a simple aggregation of its individual member states. It deploys a sociology-led approach (especially constructivism) and emphasizes ideational factors (such as culture and norms) that guide state actions from within. The book explores the manner in which ASEAN's history and culture have fundamentally shaped its foreign investment policies, leading to outcomes that often depart fundamentally from the external structure and script of Global Investment Law.
(source: Nielsen Book Data)

• Cover
• Half-title page
• Reviews
• Series page
• Title page
• Copyright page
• Contents
• List of Tables
• Acknowledgments
• Table of Cases
• Hong Kong
• India
• Malaysia
• Singapore
• United Kingdom
• Table of Legislation and Regulations
• Hong Kong
• India
• Malaysia
• Singapore
• United Kingdom
• United States
• List of Abbreviations
• 1 Introduction and Overview
• I. The Central Argument
• A. The New Legal Form
• B. Common Law Asian Jurisdictions
• II. Social Enterprises and Long-Term Value Creation
• A. Purpose
• B. Business Models
• 1. Base of Pyramid

• 2. Inclusive Business
• III. Social Enterprises in Asia
• A. Operating Domains
• B. Drivers
• C. Challenges
• D. Conflicts of Interest
• 1. Social Entrepreneurs v. Investors
• 2. Pro-social Investors/Members v. For-Profit Investors/Members
• 3. Social Entrepreneurs v. Consumers/Clients/Intermediaries
• E. Existing Legal Forms Adopted by Social Enterprises in Asia
• 1. Company Limited by Shares
• 2. Company Limited by Guarantee
• 3. Sole Proprietorship
• 4. Society
• 5. Partnership and Limited Liability Partnership
• 6. Cooperative Society
• IV. Structure
• 2 Corporate Purpose

• I. Introduction
• A. The Argument
• B. Distinction between Corporate Purpose, Corporate Object, and Corporate Interest
• II. Company Laws of Common Law Asia
• A. Hong Kong
• B. Singapore and Malaysia
• C. India
• 1. Section 166(2)
• 2. Section 135(5)
• III. UK Community Interest Company and US Public Benefit Corporation and Social Purpose Corporation
• A. UK Community Interest Company
• B. US Public Benefit Corporation and Social Purpose Corporation
• 1. Public Benefit Corporation
• 2. Social Purpose Corporation
• IV. A New Corporate Purpose
• A. Prioritization of Social Benefit

• B. Sufficient Particularity
• V. Enforceability
• A. Private Enforcement
• 1. Misrepresentation
• 2. Breach of Corporate Constitution
• B. Public Enforcement
• VI. Conclusion
• 3 Directors' Duties
• I. Introduction
• II. Directors' Duty to Act in Good Faith in the Company's Best Interests
• A. Common Law Asia
• 1. Best Interests of a Solvent Company
• a. Shareholder Value
• b. Stakeholder Value
• c. Long-Term Value and Viability
• 2. Shareholders' Governance Rights
• B. US Public Benefit Corporations and Social Purpose Corporations and UK Community Interest Companies

• 1. Delaware Public Benefit Corporations
• 2. California Social Purpose Corporations
• 3. UK Community Interest Companies
• C. Concluding Remarks
• D. Standard of Review
• III. Directors' Duty to Exercise Powers for Proper Purposes
• IV. Enforcement
• A. Giving Beneficiaries Enforcement Rights
• B. Public Enforcement
• V. Conclusion
• 4 Decision-Making Powers
• I. Introduction
• II. Problems with the Status Quo
• A. Opportunism by Shareholders
• B. Beneficiaries Given No Say
• III. Objections to Giving Beneficiaries Powers
• A. Disruption and Inefficiency

Advances a comprehensive and viable legal form for social enterprises in Asia; invaluable book for scholars, policymakers, regulators and NGOs.

• 1. Introduction
• 2. Confucian Culture and Its Influence in East Asia
• 3. Confucian Business Culture and Its Implications for Competition Law
• 4. Confucian Corporate Culture and Competition Compliance
• 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law
• 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement
• 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct
• 8. Conclusion.
• (source: Nielsen Book Data)

Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Confucian Culture and Its Influence in East Asia
• 3. Confucian Business Culture and Its Implications for Competition Law
• 4. Confucian Corporate Culture and Competition Compliance
• 5. Confucian Political-Bureaucratic Culture and Its Links with the Administrative Enforcement of Competition Law
• 6. Confucian 'Litigation Culture' and the Under-development of Private Antitrust Enforcement
• 7. East Asian Legal Culture and the Regional Response to the Criminalization of Cartel Conduct
• 8. Conclusion.
• (source: Nielsen Book Data)

Competition law is a significant legal transplant in East Asia, where it has come into contact with deeply rooted variants of Confucian culture. This timely volume analyses cultural factors in mainland China, Japan and Korea, focusing on their shared but diversely evolved Confucian heritage. These factors distinguish the competition law systems of these countries from those of major western jurisdictions, in terms of the goals served by the law, the way enforcement is structured, and the way subjects of the law respond to it. Concepts from cultural studies inform a new and eclectic perspective on these dynamics, with the authors also drawing on ideas from law and economics, comparative law, East Asian studies, political science, business management and ethics, and institutional economics. The volume presents a model for cultural analysis of comparative legal topics and contributes to a greater understanding of the challenges to deeper convergence of competition laws between East and West.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Reasons for convergence
• 3. Convergence on structured proportionality
• 4. Convergence on innovative constitutional remedies
• 5. Limits on convergence
• 6. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Reasons for convergence
• 3. Convergence on structured proportionality
• 4. Convergence on innovative constitutional remedies
• 5. Limits on convergence
• 6. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
(source: Nielsen Book Data)

• 1. Northeast Asian Constitutional Foundings: The Weight of History Kevin YL Tan, National University of Singapore
• 2. The 1954 Constitution of China: Empire State-Building Humphrey Ko, University of Hong Kong
• 3. The Making of the Constitutional Order of the Hong Kong SAR: The Role of Sino-British Diplomacy (1982-90) Albert HY Chen, University of Hong Kong, and Michael Ng, University of Hong Kong
• 4. Macao's Constitutional Founding Xiaobo Zhai, University of Macau
• 5. The Birth of the Constitution of the Republic of China Chien-Chih Lin, Institutum Iurisprudentiae, Academia Sinica, Taiwan 6. The Meiji Constitution and Japan's Emergence in the International Order, 1853-1905 Kentaro Matsubara, University of Tokyo, Japan
• 7. Thirty Years Old at Birth? The Constitutional Founding of the Republic of Korea Chaihark Hahm, Yonsei University, South Korea
• 8. Constitutional Founding of the Democratic People's Republic of Korea Erik Mobrand, Seoul National University, South Korea 9. The 1924 Constitution: Towards the Modernisation of Mongolia Amarsanaa Batbold, National University of Mongolia and Chadraabal Unurbayar, National University of Mongolia.
• (source: Nielsen Book Data)

This new book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of 'constitution-making', which is an on-going process in the Northeast Asian states. The book examines the drafting, nature, core values, and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau SAR (1999), Japan (1889), North Korea (1948 and 1972), South Korea (1948), and Mongolia (1924). The collection provides: - an exploratory description of the process and substantive inputs in the making of the first constitutions of these nations/territories; - analysis of the internal and external (including intra-regional) forces surrounding the making of these constitutions; and - theoretical construction of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states/territories and their subsequent impact on state-building in the region.
(source: Nielsen Book Data)

• PART 1 INTRODUCTION 1. Introduction to Asian Consumer Law Geraint Howells (University of Galway, Ireland) and Hans-W Micklitz (European University Institute, Italy)
• PART 2 NATIONAL REPORTS 2. China Jin Jing (China University of Political Science and Law) 3. Hong Kong Mateja Durovic (King's College London, UK), Geraint Howells (University of Galway, Ireland), and Andre Janssen (Radboud University, the Netherlands) 4. India Ashok R Patil (National Law School of India University) 5. Indonesia Johannes Gunawan (Parahyangan Catholic University, Indonesia) and Bernadette M Waluyo (Parahyangan Catholic University, Indonesia) 6. Japan Hisakazu Hirose (University of Tokyo, Japan), Karl-Friedrich Lenz (Aoyama Gakuin University, Japan), and Tadashi Shiraishi (University of Tokyo, Japan) 7. Macau Dan Wei (University of Macau) and Angelo Patricio Rafael (University of Macau) 8. Malaysia Zalina Zakaria (University of Malaya, Malaysia) 9. Myanmar Remi Nguyen (Research Institute on Contemporary Southeast Asia, Thailand) 10. Singapore Gary Low (Lazada Singapore and RedMart (Alibaba Group), Singapore) 11. South Korea Shindong Jung (Gangneung-Wonju National University, South Korea) 12. Taiwan (Republic of China) Jerry G Fong (National ChengChi University, Taiwan) 13. Thailand Aimpaga Techaapikun (Thammasat University, Thailand) 14. Vietnam Nguyen Van Cuong (Ministry of Justice of Vietnam)
• PART 3 COMPARATIVE ANALYSIS 15. Information Duties and the Right of Withdrawal Meika Atkins (Curtin University, Australia) and Eileen Webb (The University of South Australia) 16. Sale of Goods: A Comparative Perspective Gail Pearson (University of Sydney, Australia) 17. A Comparative Analysis of the Regulation of Unfair Terms in Asia James P Nehf (Indiana University, USA) 18. Product Liability Michel Cannarsa (Lyon Catholic University, France) 19. Adaptation of Asian Consumer Law to the Digital Age Alberto De Franceschi (University of Ferrara, Italy) 20. Commercial Practices Hans-W Micklitz (European University Institute, Italy) 21. Access to Justice Marta Cantero Gamito (University of Tartu, Estonia) 22. Consumer Product Liability and Safety Regulation: ASEAN in Asia Luke Nottage (University of Sydney, Australia) and Sakda Thanitcul (Chulalongkorn University, Thailand)
• PART 4 ASIAN LAW IN COMPARATIVE PERSPECTIVE 23. European Union Consumer Law Mateja Durovic (King's College London, UK), Geraint Howells (University of Galway, Ireland), Andre Janssen (Radboud University, the Netherlands) and Hans-W Micklitz (European University Institute, Italy) 24. Regulation of Unfair Terms in Consumer Contracts: An American Perspective James P Nehf (Indiana University, USA) 25. Australasia Gail Pearson (University of Sydney, Australia) 26. Latin America Marta Cantero Gamito (University of Tartu, Estonia) 27. African Perspective Tjakie Naude (University of Cape Town, South Africa) 28. ASEAN Economic Integration and Consumer Protection in Southeast Asia Luke Nottage (University of Sydney, Australia) and Sakda Thanitcul (Chulalongkorn University, Thailand) 29. The Effect of the United Nations Guidelines on Consumer Protection on Consumer Law in Asia Mateja Durovic (King's College London, UK) and Jeremy Pui (King's College London, UK)
• PART 5 CONCLUSION 30. Some Concluding Remarks: Future Prospects for Consumer Law in Asia Mateja Durovic (King's College London, UK) and Andre Janssen (Radboud University, the Netherlands).
• (source: Nielsen Book Data)

This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
(source: Nielsen Book Data)