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Vol 21 No 11 Nov/Dec 2016

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Legal Innovations in Asia: Judicial Lawmaking and the Influence of Comparative Law

Edited by: John Owen Haley, T. Takenaka

ISBN13: 9781783472789
Published: October 2014
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



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Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.

Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.

Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.

Subjects:
Comparative Law, Other Jurisdictions , Asia
Contents:
Preface
Introduction John O. Haley

PART 1: ASIAN LAW CENTER - THE FIRST HALF CENTURY
1. The First Decades, 1961-2000 John O. Haley
2. Navigating Law's Asian Century Veronica L. Taylor
3. The Asian Law Center: An Evolution Jon Eddy

PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS
4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of Japan Harald Baum

PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA
5. Judicial Law-making and the Creation of Legal Norms in Japan: A Dialogue John O. Haley and Daniel H. Foote
6. The Supreme Court of Japan and Online Pharmacies Shigenori Matsui
7. Civil Procedure and Anti-modern Myths in "Harmonious Society": China and Prewar Japan Compared Dongsheng Zang
8. Judicial Activism in China Vai Io Lo
9. The Role of Courts in "Making" Islamic Law - South and Southeast Asia Clark B. Lombardi
10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese Law Ryuichi Yamakawa
11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants? Kyoko Ishida

PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA
12. The Influence of Japanese Law on Taiwan Law Tay-Sheng Wang
13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative Essay Kon Sik Kim
14. Judicial Innovation in Chinese Corporate Law Donald Clarke
15. The Influence of American and Japanese Laws upon Indonesian Law Kurnia Toha

PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY
16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan's Patent Term Extension Reform Toshiko Takenaka
17. Ethics Rather than Rights: Reconsidering "Transmit Rather than Create": Toward a New Understanding of Korea's Intellectual Property Rights Tradition Hyung Doo Nam
18. What are the Awaiting Challenges for the Thai Government if the Bayh-Dole Act is Adopted in Thailand? Orakanoke Phanraska
19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential Medicines Tomi Suryo Utomo

Index