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

Bibliografski detalji
Autor kompanije: SpringerLink (Online service)
Daljnji autori: Lo, Chang-fa (Urednik), Li, Nigel N.T (Urednik), Lin, Tsai-yu (Urednik)
Sažetak:XXVI, 610 p. 1 illus.
text
Jezik:engleski
Izdano: Singapore : Springer Nature Singapore : Imprint: Springer, 2016.
Izdanje:1st ed. 2016.
Serija:Economics, Law, and Institutions in Asia Pacific,
Teme:
Online pristup:https://doi.org/10.1007/978-981-10-1995-1
Format: Elektronički Knjiga
Sadržaj:
  • 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 inthe 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.