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The Asian Turn in Foreign Investment
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
China, State Sovereignty and International Legal Order
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
Confronting Past Human Rights Violations
This book examines what makes accountability for previous abuses more or less possible for transitional regimes to achieve. It closely examines the other vital goals of such regimes against which accountability is often balanced. The options available are not simply prosecution or pardon, as the most heated polemics of the debate over transitional justice suggest, but a range of options, from complete amnesty through truth commissions and lustration or purification to prosecutions. The question, then, is not whether accountability can be achieved, but what degree of accountability can be achieved by a given country.
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.
China's Human Rights Lawyers
This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in ...
Crossing the Himalayas
This book aims to analyze two contrasting trends of integration and rivalry among great powers and regional states of Himalaya. It examines the interactions between the great powers and the small states in the Himalayan region, analyzes the multiple effects of the great power rivalry on the regional cooperation, and predicts the possible directions of the future of the geo-politics and geo-economy in the Himalayan region by incorporating the most recent developments. The main content of the book is divided into 11 parts. The Introduction briefly explains the aims and scope of this book. The following chapter focuses on the Buddhist ties between China and the Himalayan states in the past two ...
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 Law and Religious Market Theory
A fresh descriptive and normative perspective on law and religion supported by comparative case studies of Greater China.
Sri Lanka in the Modern Age
On the ethnic relations and politics in post 1978 Sri Lanka.
Autonomy and Ethnicity
This book, first published in 2000, deals with one of the most urgent problems of contemporary times: the political organisation of multi-ethnic states. Most major conflicts of our time are internal to the state and revolve around the claims of access to or the redesign of the state. Responses to ethnic conflicts have ranged from oppression and ethnic cleansing to accommodations of ethnic claims through affirmative policies, special forms of representation, power sharing, and the integration of minorities. One of the most sought after, and resisted, devices for conflict management is autonomy. Within an overarching framework that examines different understandings of ethnic consciousness and the variety of territorial autonomies, the authors examine the experiences of spatial distribution of power in Canada, India, China, South Africa, Ethiopia, PNG, Spain, the former Yugoslavia, Cyprus, Sri Lanka and Australia.
