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• 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.

• 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.

• 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.

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

Sexuality and gender diversity rights in Southeast Asia are deeply controversial and vigorously contested. Debate and protest have been accompanied by both legislative reform and discriminatory violence. These contradictory dynamics are occurring at a time when the international human rights regime has explicitly incorporated a focus on the prevention of violence and discrimination in relation to sexuality and gender diversity. This Element focusses on the need for such rights. This Element explores the burgeoning of civil society organisations engaged in an emancipatory politics inclusive of sexuality and gender diversity, utilising rights politics as a platform for visibility, contestation and mobilisation. This Element focusses on the articulation of political struggle through a shared set of rights claims, which in turn relates to shared experiences of violence and discrimination, and a visceral demand and hope for change.

• 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.

• 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

• 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

• 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.

• 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

Contributed articles presented in the Second Prof. N R Madhava Menon SAARCLAW Mooting Competition and Law Students Conference, organized by Lloyd Law College, Greater Noida, in collaboration with SAARCLAW and Menon Institute of Legal Advocacy Training, held in 2017

• 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)

• Introduction : The sites and possibilities of interdisciplinary law / Kalpana Kannabiran
• Part I Questions of Justice : environment, ecology, and disaster
• 1. Law, agro-ecology and colonialism in Mid-Gangetic India, 1770s-1910s / Nitin Sinha
• 2. Historical wrongs and forest rights : nascent jurisprudence on FRA and participatory evidence making / Shomona Khannna
• 3. Feminist dimension of biodiversity challenges / Niharika Bahl
• 4. An overview of the law governing hazardous substances in the Post-Bhopal era / T. R. Subramanya
• 5. Disability, disaster and the law : legislating disability inclusive disaster risk reduction / Deepa Sonpal
• Part II Families in law : property, custom, and violence
• 6. Family, work and matrimonial property : implications for women and children / Kamala Sankaran
• 7. Sex-selective abortion and reproductive rights : a syncretic feminist approach / Bijayalaxmi Nanda
• 8. Adjudicating domestic violence in the courts / Shalu Nigam
• 9. Feminist activism, violence in the family, and law reform in India : a three decadal history / Kalpana Kannabiran
• 10. Saving custom or promoting incest? Post-independence marriage law and Dravidian marriage practices / Patricia Uberoi
• Part III. Plural domains of law and governance
• 11. Conflict resolution in tribal societies of Northeast India : legal pluralism and Indian democracy / Nandita Haksar
• 12. Forums for conflict resolution in the Jaintia Tribal community over land resources / Rikil Chyrmang
• 13. Pathalgadi movement and conflicting ideologies of tribal village governance / Anjana Singh

1) This accessible volume and comprehensive subject guide comprises key readings on law and social justice, with a focus on environment, rights and governance. It examines issues in biodiversity, agro-ecology, disaster, and forest rights. The book covers critical themes such as ecology, families and governance and establishes the trajectory of contemporary ecology and law. 2) A topical volume that brings together expert analyses and emerging research on contemporary themes. 3) It will be of interest to departments of law, socio-legal studies, environment studies and ecology, social exclusion studies, development studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, environmentalists, and those in public administration, migration studies, cultural studies, labour studies and economics.
(source: Nielsen Book Data)

• 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)

• Introduction: Exploring the contours of interdisciplinary law / Kalpana Kannabiran
• Law and terror in the age of constitution-making / Ramabir Samaddar
• The Gandhian conception of the constitution / Narendra Chapalgaonkar
• On the fringe : the tribal laws / Partha S. Ghosh
• Law, rights, and public policy / Andrea Monti and Raymond Wacks
• The trajectories of work, sexuality and citizenship : the rights of the transgender in India / Skylab Sahu
• 'Vimla to Pagal Hai!' [Vimla is a lunatic!] / Rani Dhavan Shankardass
• Legitimating love : Tis Hazari and the judicial process / Perveez Mody
• A legal framework to prevent trafficking of women and young girls during disasters in India / Manjula Batra
• Victims, whores, and wives : migrant women and the law / Ratna Kapur
• 'Bargaining', gender equality and legal change : the case of India's inheritance laws / Bina Agarwal
• Production of space in urban India : legal and policy challenges to land assembly / Varun Panickar
• Rural civilities : caste, gender, and public life in Kerala / Sharika Thiranagama
• The new technologies and the constitution of 'theft' / Nalini Rajan
• The Geographical Indications Act : place matters / Anu Kapur

• 1. Introduction
• Part I. Dominant-Party Democracies: 2. Supreme Court of Singapore and the promise of enforceable constitutional conventions
• 3. Malaysian courts and electoral fraud
• 4. Hong Kong Courts and constitutional contradictions
• Part II. Dynamic Democracies: 5. Supreme Court of India and criminality in politics
• 6. Constitutional court of Taiwan and calibrated judicial review
• 7. Constitutional court of Korea and systemic electoral barriers
• Part III. Fragile Democracies: 8. Constitutional court of Thailand and partisan judges
• 9. Supreme Court of Pakistan: accommodation and defiance of military authority
• 10. Supreme Court of Bangladesh and defensive judicial review
• Part IV. Democratic Values and Courts in Comparative Perspective: 11. Democratic values and the conundrum of unconstitutional constitutional amendments
• 12. Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example Singapore, Malaysia, and Hong Kong), 'dynamic' (for example India, South Korea, and Taiwan), and 'fragile' (for example Thailand, Pakistan , and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue 'dialogic' pathways to constrain the government's authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armed forces, and lead to the demise of the rule of law.
(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 to understanding and comparing access to justice Helena Whalen-Bridge
• Part I. Access to Justice in Asia: 2. Pro bono, legal aid, and the struggle for justice in China Hualing Fu
• 3. Access to justice in India: Managing multiple mechanisms in a restrictive practice environment Sarasu Esther Thomas
• 4. Access to justice in Indonesia: Searching for meaning Yunita with Linda Yanti Sulistiawati
• 5. Access to justice and lawyer independence in Japan Hiroshi Otsuka and Setsuo Miyazawa
• 6. Improving access to justice in Malaysia: Introspection, purpose, and dynamism Seh Lih Long
• 7. Political lawyers and the legal occupation in Myanmar Alice Dawkins and Nick Cheesman
• 8. Alternative lawyering versus pro bono in the Philippines: From challenging an authoritarian government to working with the state George Radics and Alpha Pontanal
• 9. Access to justice in Singapore: A government and lawyer dynamic Helena Whalen-Bridge
• 10. Public interest lawyering in South Korea: Standing on the shoulders of giants Takgon Lee and Jaewon Kim
• 11. A hub, a knot, and a powerhouse: The legal aid foundation and access to justice in Taiwan Ching-Fang Hsu and Yong-Ching Tsai
• 12. Lawyers and democratic centralism in Vietnam Nguyen Hung Quang
• Part II. Comparative Perspectives on Access to Justice: 13. Access to justice and an islamic ethic of justice Arif A. Jamal
• 14. Lawyering in Indonesia's religious courts: Legal aid, procedural justice, and pragmatism Euis Nurlaelawati
• 15. Access to justice and legal aid in the Syariah courts in Malaysia: A colourful but threadbare patchwork system Kerstin Steiner--16. The Syariah court of Singapore: Achieving a more formal access to justice Ahmad Nizam Abbas
• 17. Access to justice in Israel: Rights, legal aid and pro bono in a lawyer dominant system Limor Zer-Gutman and Michal Ofer Tsfoni
• 18. Vuk'uzenzele - Arise and Act: Lawyers and access to justice in South Africa Helen Kruuse.
• (source: Nielsen Book Data)

To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
(source: Nielsen Book Data)