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The Long Shadow
The Long Shadow investigates the purposes and roles of nuclear weapons in the new security environment, the nature and content of the national nuclear strategies of relevant states, and their implications for international security and stability in the Asian security region
The BRICs Superpower Challenge
In an imaginative and interesting way, Kwang Ho Chun seeks to capture the dynamics of the changing international system and the prospects for a change in the international distribution of power. The idea that new superpowers could rise and that some of the BRICs (Brazil, Russia, India and China) could be such superpowers, is particularly intriguing and the main idea explored in this study. In line with neo-realist approaches, this book argues that in a unipolar world competitors will rise to challenge the global hegemon. As the power profiles of the BRICs rise and they gain greater control of geo-global politics, they are likely to attain significant regional dominance among other regional powers although their underdeveloped tradition of hard power and internal challenges could prevent them from gaining superpower status. This book captures the dynamics of the changing international system and the prospects for a change in the international distribution of power.
Hong Kong's Court of Final Appeal
In the years since it was established on 1 July 1997, Hong Kong's Court of Final Appeal has developed a distinctive body of new law and doctrine with the help of eminent foreign common law judges. Under the leadership of Chief Justice Andrew Li, it has also remained independent under Chinese sovereignty and become a model for other Asian final courts working to maintain the rule of law, judicial independence and professionalism in challenging political environments. In this book, leading practitioners, jurists and academics examine the Court's history, operation and jurisprudence, and provide a comparative analysis with European courts and China's other autonomous final court in Macau. It also makes use of extensive empirical data compiled from the jurisprudence to illuminate the Court's decision-making processes and identify the relative impacts of the foreign and local judges.
Merciless Repression
8. Population transfer.
Human Rights in Asia
Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
The Concept of Proportionality in Public Law
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Guangdong and Chinese Diaspora
China’s rapid economic growth has drawn attention to the Chinese diasporic communities and the multiple networks that link Chinese individuals and organizations throughout the world. Ethnic Chinese have done very well economically, and the role of the Chinese Diaspora in China’s economic success has created a myth that their relations with China is natural and primordial, and that regardless of their base outside China and generation of migration, the Chinese Diaspora are inclined to participate enthusiastically in China’s social and economic agendas. This book seeks to dispel such a myth. By focusing on Guangdong, the largest ancestral and native homeland, it argues that not all Chine...
Media in Hong Kong
This book examines the Hong Kong media over a forty year period, focusing in particular on how its newspapers and TV stations have struggled for press freedom under the colonial British administration, as well as Chinese rule. Making full use of newly declassified material, extensive interviews and specific case-studies, it provides an illuminating analysis of the dynamics of political power and its relationship with media censorship. Overall, this book is an impressive discussion of the evolving face of the Hong Kong media, and is an important contribution to theoretical debates on the relationship between political power, economics, identity and journalism.
Judicial Independence in the Age of Democracy
This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.
The National Security Law of Hong Kong
The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (the ‘NSL’) promises to be the most important legal development in Hong Kong since the advent of the Basic Law. Many wondered in the aftermath of the NSL how the foundations of Hong Kong’s system might be changed and in what way the freedoms valued by Hong Kong may be affected. Supporters view the law as essential for the preservation of public order and the national security of China and to support the fundamental well-being of “One Country, Two Systems”, an arrangement that has been in place since the return of Hong Kong to China. Critics fear an adverse impact on the spirit of “O...
