East Asian Regionalism from a Legal Perspective: Current features and a vision for the future

Routledge
Free sample

Plenty has been written about the political and economical aspects of regionalism, but the legal perspective has been neglected. East Asian Regionalism From a Legal Perspective is unique in synthesizing legal, economic and political analyses.

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.

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About the author

Tamio Nakamura is professor of Law at the institute of Social Science at the University of Tokyo.

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Additional Information

Publisher
Routledge
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Published on
Jun 8, 2009
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Pages
306
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ISBN
9781134010325
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Language
English
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Genres
Political Science / General
Social Science / Ethnic Studies / General
Social Science / Regional Studies
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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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.

Society is largely blind-often willfully blind-to the ongoing violations of international human rights law when it comes to the treatment of persons with mental disabilities. Despite a robust set of international law principles, standards and doctrines, and the recent ratification of the United Nations' Convention on the Rights of Persons with Disabilities, people with mental disabilities continue to live in some of the harshest conditions that exist in any society. These conditions are the product of neglect, lack of legal protection against improper and abusive treatment, and social attitudes that demean, trivialize and ignore the humanity of persons with disabilities. International Human Rights and Mental Disability Law: When the Silenced are Heard draws attention to these issues in order to shed light on deplorable conditions that governments continue to ignore, and to invigorate the debate on a social policy issue that remains a low priority for most of the world's nations. Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems. Using examples from Western and Eastern Europe, South America, Africa and Asia, Perlin examines and summarizes the growing field of international mental health law, arguing that governmental inaction demeans human dignity, denies personal autonomy, and disregards the most authoritative and comprehensive prescription of human rights obligations. As Perlin argues, these issues pertain to all citizens of the world who value human rights and who care about how we treat those of us who may be most vulnerable. International Human Rights and Mental Disability Law is an indispensable resource for scholars, policymakers, governmental officials, and mental health professionals who care about the treatment of those with disabilities, and to human rights advocates and activists worldwide.
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