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Comparative Studies on Governmental Liability in East and Southeast Asia

Comparative Studies on Governmental Liability in East and Southeast Asia
Author: Yong Zhang
Publisher: Martinus Nijhoff Publishers
Total Pages: 276
Release: 1999-01-28
Genre: Law
ISBN: 9789041110749

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This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of "Comparative Studies on the Judicial Review System in East and" "Southeast Asia." The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.


Comparative Studies on Governmental Liability in East and Southeast Asia

Comparative Studies on Governmental Liability in East and Southeast Asia
Author: Yong Zhang
Publisher: Martinus Nijhoff Publishers
Total Pages: 272
Release: 2023-09-20
Genre: Law
ISBN: 9004632913

Download Comparative Studies on Governmental Liability in East and Southeast Asia Book in PDF, ePub and Kindle

This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of Comparative Studies on the Judicial Review System in East and Southeast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas. This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.


Comparative Studies on Governmental Liability in East and Southeast Asia

Comparative Studies on Governmental Liability in East and Southeast Asia
Author: Yong Zhang
Publisher: Springer
Total Pages: 280
Release: 1999-01-28
Genre: Law
ISBN: 9789041110749

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This collection of papers is the second of a trilogy on legal protection of citizen's rights against the state in East and Southeast Asia. The first volume is "Comparative studies on the judicial review system in East and Southeast Asia", published in 1997. Also contains two chapters dealing with the Dutch and German governmental liability systems for comparative purposes, as Dutch law has had a strong influence on the development of Indonesian law, and German law on the legal systems of the countries in East Asia.


Asian Yearbook of International Law, Volume 8 (1998-1999)

Asian Yearbook of International Law, Volume 8 (1998-1999)
Author: B.S. Chimni
Publisher: BRILL
Total Pages: 378
Release: 2020-01-29
Genre: Law
ISBN: 9004400672

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The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.


Administrative Courts in Indonesia

Administrative Courts in Indonesia
Author: Adiaan Bedner
Publisher: BRILL
Total Pages: 315
Release: 2021-09-06
Genre: Law
ISBN: 9004481990

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In 1991 Indonesia introduced a system of administrative courts that was to contribute to establishing the rule of law in Indonesia and to provide recourse for citizens against unlawful administrative behaviour. This book evaluates the performance of the administrative court system. It explains why the courts were established in spite of the Indonesian state's authoritarian nature, and why and to what extent the system is a Dutch legal transplant. It analyses the jurisdictionary powers of the courts and how the courts have used them. It then proceeds to explain the unbalanced nature of the record presented, by analysing factors inside and outside the administrative court organisation which influence its performance. These include budgetary deficits, lack of training opportunities, career manipulation, corruption, lack of government support, and many other non-legal issues. Finally, the author provides a number of recommendations for change, many of which may also be of use to other developing countries.


International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law
Author: Stephan W. Schill
Publisher: Oxford University Press
Total Pages: 922
Release: 2010-10-14
Genre: Law
ISBN: 0199589100

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International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.


2001

2001
Author: Petar Sarcevic
Publisher: Walter de Gruyter
Total Pages: 449
Release: 2009-04-27
Genre: Law
ISBN: 386653714X

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With articles by Harry Duintjer Tebbens, David Goddard, Christoph Bernasconi, Bertrand Ancel and Frank Gerhard, Private International Law Issues in World War II Era Litigation, national reports from Germany and news from The Hague as well as texts, materials and recent developments.


Climate Change Liability

Climate Change Liability
Author: Richard Lord
Publisher: Cambridge University Press
Total Pages: 711
Release: 2011
Genre: Law
ISBN: 1107017602

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"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--


Law and Religion in Indonesia

Law and Religion in Indonesia
Author: Melissa Crouch
Publisher: Routledge
Total Pages: 241
Release: 2013-11-12
Genre: Political Science
ISBN: 1134508298

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Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world’s largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government’s ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.


Asia-Pacific Disaster Management

Asia-Pacific Disaster Management
Author: Simon Butt
Publisher: Springer Science & Business Media
Total Pages: 311
Release: 2013-10-29
Genre: Law
ISBN: 3642397689

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The book outlines the regulatory environment for disaster prevention and management in broad social, economic and political context. The first half of the book focuses mainly on Japan, especially the ‘3-11’ events: the earthquake and tsunami that devastated the Tohoku area on 11 March 2011 and the Fukushima Daiichi nuclear power plant radiation leaks. The second half focuses on the USA (the only other Asia-Pacific country to have experienced a serious nuclear emergency), Indonesia, China, New Zealand, Australia and international law. One question explored is whether socio-legal norms play different roles in preventing and managing responses to natural disasters compared to ‘man-made’ disasters. Another is how ‘disaster law’ interacts with society across very diverse societies in the disaster-prone Asia-Pacific region. The book also addresses the increasingly important roles played by international law and regional regimes for cross-border cooperation in disaster prevention and relief, including the functions played by military forces. Erudite, pragmatic, and charged with detailed, substantive knowledge of an astonishing range of contexts and research fields, this timely collection of important essays on the law and society of disaster management stands as an exemplary international academic response to the disasters of 11 March 2011. (Annelise Riles)