In the first part, the book investigates the current features of regionalism from a comparative perspective, looking at economic and currency cooperation and comparing Asian regionalism with Europe and Latin America. In the second part, the contributors go on to look at the present legal features of regionalism, covering institutional frameworks, trade diversity and regional integration.
The third part of the book is truly unique in proposing an essential groundwork for the institutionalisation of an East Asian Community. It conceives a draft East Asian Charter, an essential document that distils what East Asian nations have achieved, and also includes integral principles and fundamental rules for future cooperation among countries and peoples in the region.
This book will be of interest to graduates and academics interested in regionalism, international relations, international law and Asian studies.
Tamio Nakamura is professor of Law at the institute of Social Science at the University of Tokyo.
This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes.
The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution.
Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including:
Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it?
What difficulties have the new courts encountered?
How have the new courts performed?
What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems?
Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories.
Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China.
Those who believe Europe is weak and ineffectual are wrong. Turning conventional wisdom on its head, Mark Leonard, one of the UK's most visionary thinkers, argues that Europe is remaking the world in its own image.
Europe only looks dead because it is seen through American eyes. But America's reach is shallow and narrow. It can bribe, bully or impose its will anywhere in the world, but when its back is turned its potency wanes. Europe's reach is broad and deep, spreading its values from Albania to Zambia. It brings other countries into its orbit rather than defining itself against them, and once countries come under the influence of its laws and customs they are changed for ever.
This book sets up a challenge: to regard Europe not as a tangle of bureaucracy and regulation, but as a revolutionary model for the future. We cannot afford to forget that Europe was founded to protect us against war and that it is now key to the spread of democracy. ‘Why Europe Will Run the 21st Century’ addresses Europe's place in the world, looks to the past and the future and argues, provocatively, that it can and will shape a new and better world order.