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Vol 21 No 11 Nov/Dec 2016

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Legal Thoughts Between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma

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Edited by: Chang-fa Lo, Nigel Li, Tsai-Yu Lin

ISBN13: 9789811019944
Published: November 2016
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £149.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together.

The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems.

All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

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Subjects:
Other Jurisdictions , Asia
Contents:
Part I: Introduction
Chapter 1: Introduction to the Book - Interaction and Mutual Enrichment between the East and the West
Chapter 2: Introduction of Professor Ma - Herbert Ma and the Arc of Taiwan's Progress
Part II: Mutual Influence and Interaction in Legal Regimes and Practices
Chapter 3: The Triumph (?) of Western Law: A Contemporary Perspective
Chapter 4: How Can We Know What We "Know" about Law and Development? - The importance of Taiwan in Comparative Perspective
Chapter 5: Judicial Strategies and the Political Question Doctrine - An Investigation into the Judicial Adjudications of the East Asian Courts
Chapter 6: The Ideas of "Rights" in the "East," "West," and Their Continued Evolution - A Case Study on Taxpayer's Rights in Taiwan
Part III: Mutual Influence and Interaction in Constitutional Law and Fundamental Rights
Chapter 7: Comparative Discourse in Constitution Making: An Analysis on Constitutional Framers as Dialectic Agent
Chapter 8: Constitutional Change in Hong Kong and Taiwan in the Late Twentieth Century - A Comparative Perspective
Chapter 9: Different Patterns of Applying Transitional Constitutionalism between the Nationalists and the Communists
Chapter 10: The Presumption of Innocence Principle in the People's Republic of China and in the West
Chapter 11: Privacy - A Genealogy in the East and the West
Chapter 12: Compulsory Motherhood Challenged and Remade in the Name of Choice - Framing the Right to Choose under Old and New Maternalism
Chapter 13: The Emergence of the Right to Health in Taiwan: Transplantation from the West and Its Implementation
Part IV: Mutual Influence and Interaction in International Law and Regional Governance
Chapter 14: China's Performance of International Treaties on Trade and Human Rights
Chapter 15: The Transplantation of "Western" International Law in Republican China
Chapter 16: From Accepting to Challenging the International Law of the Sea?: China and the South China Sea Disputes
Chapter 17: Human Rights in ASEAN Context - Between Universalism and Relativism
Chapter 18: Host State's Regulatory Change for Public Health in the Context of Different FET Formulations - U.S. and China Investment Treaty Practices as Examples
Chapter 19: Protection of Indigenous Cultural Heritage in Free Trade Agreements - Issues and Challenges from a North-South Perspective
Chapter 20: On the Establishment of a Regional Permanent Mediation Mechanism for Disputes among East and Southeast Asian Countries
Part V: Mutual Influence and Interaction in Specific Substantive Laws
Chapter 21: The Universality of Good Faith and Moral Behaviour: A Challenge for the Principles of Asian Contract Law
Chapter 22: Coordinating Matrimonial Property Regimes across National Borders - Israeli and Comparative Perspectives
Chapter 23: Risk Assessment in the European Food Safety Authority and Its Lessons for Taiwan
Chapter 24: The Limit of Regulatory Borrowing: "Cocktail Therapy" Reforms of Food Safety Law in Taiwan
Chapter 25: Equity clearing and settlement models in the UK and Taiwan: Market stability and Investor Protection Perspectives
Chapter 26: Envisaging an East Asian Model of Corporate Governance: A Developmental State Perspective
Chapter 27: Patent Right in China - Influences from the West and China's Responses
Chapter 28: Re-inventing Clinical Legal Education: Taiwanese Adaptation of an American Model
Part VI: Mutual Influence and Interaction in Dispute Settlement Mechanisms and Practices
Chapter 29: How Confucianism Asserts Itself in Modern ADR Development in East Asia-A Revisit
Chapter 30: Beyond the "Harmonious Confucian": International Commercial Arbitration and the Impact of Chinese Cultural Values
Chapter 31: Significant Differences in International Arbitration in the "East" and the "West": Myth, Reality, or Lost in Globalization?
Chapter 32: A Bad Compromise Is Better Than a Good Lawsuit - Mutual Influence Between the East and the West on Mediation?
Chapter 33: Taming the Unruly Horse? The New York Convention's Public Policy Exception to the Enforcement of Arbitral Awards.