This is the second volume in the series "Yearbook Law & Legal Practice" "in East Asia," which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.
This is the second volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.
This is the third volume in the series Yearbook Law & Legal Practice in East Asia, which addresses the legal systems of this important region and provides an insight into some of the most topical issues in East Asian law and practice. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. The majority of the contributions to this major work comes from legal practitioners and scholars specialising in East Asian business law.
The fourth volume in the annual series Yearbook Law & Legal Practice in East Asia addresses a broad scope of topics related to the legal systems of the East Asian region. The overall focus of the series is on the legal aspects of doing business in East Asia, although legal issues of a more general nature may also be included where these are relevant for a better understanding of the particular legal culture concerned. This fourth volume includes a wide variety of subjects, from constitutional developments in China to company law in Hong Kong.
The "European Yearbook" promotes the scientific study of nineteen European supranational organisations, including the Organisation for Economic Co-operation and Development (OECD). Each volume contains a detailed survey of the history, structure and yearly activities of each organisation and an up-to-date chart providing a clear overview of the member states of each organisation. In addition, a number of articles on topics of general interest are included in each volume. A general index by subject and name, and a cumulative index of all the articles which have appeared in the "Yearbook," are included in every volume and provide direct access to the "Yearbook"'s subject matter. Each volume contains a comprehensive bibliography covering the year's relevant publications. This is an indispensable work of reference for anyone dealing with the European institutions.
The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
The papers in Governance, Decentralization and Reform in China, India and Russia, which were presented at a ZEF conference in May 1999, deal with three critical aspects of governance in China, India, and Russia: political reforms at the local level; fiscal reforms in intergovernmental relations; and legal reforms. The volume collects contributions from 24 outstanding economists, political scientists and legal specialists including Vito Tanzi, Daniel Treisman, Pranab Bardham, Jean Drèze, Katharina Pistor and Kathryn Hendley. Distorted economic and political incentive structures, capture of the state by powerful élites and inoperative legal systems are factors that have greatly complicated the political economy of reform in these three large countries with heterogeneous populations. Addressing these political and institutional issues is essential to designing good policies. One particular goal of this volume is to bring together new analytical insights and empirical evidence on governance, a new and growing field of research. The volume is divided into three parts: fiscal federalism; decentralization and provision of local public goods; and legal reforms. Part I discusses the role of incentives in fiscal federalism. The papers analyze the effects of different revenue-sharing mechanisms between different levels of government, in particular the effects on regional growth and inequality and the incentives that local politicians may have to provide public goods depending on fiscal arrangements with the central government. In adapting their governance structures, all three countries have been striving for increased decentralization. But the theoretical literature suggests that, in a decentralized setting, second-best solutions must prevail: it is not possible to ensure incentive compatibility simultaneously with optimal allocation of resources and a balanced budget in providing public goods. Part II discusses taxation and public expenditure management both as a political and as a budgetary process. Two questions which the papers address are: Does participation of stakeholders and accountability of public authorities improve economic and social outcomes? Does better governance in the provision of basic goods such as health care and education improve equity? While decentralization is often seen as a way to improve the quality of public services, rule-based governance is viewed as a safeguard against the arbitrariness of public officials and weaknesses in law enforcement. The five papers in Part III focus on the rule of law; the role of the judicial system in establishing a rule-based economy; and the effectiveness of legal institutions during the transition from socialism to a market economy. They present overviews of current legal reform issues in the three countries and discuss various conceptual approaches to addressing legal reform issues.
