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Publisher: RMIT Publishing   (Total: 403 journals)

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Showing 1 - 200 of 403 Journals sorted alphabetically
40 [degrees] South     Full-text available via subscription   (Followers: 2)
Aboriginal and Islander Health Worker J.     Full-text available via subscription   (Followers: 13)
Aboriginal Child at School     Full-text available via subscription   (Followers: 4)
About Performance     Full-text available via subscription   (Followers: 10)
Access     Full-text available via subscription   (Followers: 26)
ACCESS: Critical Perspectives on Communication, Cultural & Policy Studies     Full-text available via subscription   (Followers: 11)
Accounting, Accountability & Performance     Full-text available via subscription   (Followers: 14)
ACORN : The J. of Perioperative Nursing in Australia     Full-text available via subscription   (Followers: 18, SJR: 0.103, h-index: 4)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Advocate: Newsletter of the National Tertiary Education Union     Full-text available via subscription   (Followers: 2)
Agenda: A J. of Policy Analysis and Reform     Full-text available via subscription   (Followers: 1)
Agora     Full-text available via subscription   (Followers: 3)
Agricultural Commodities     Full-text available via subscription   (SJR: 0.102, h-index: 8)
Agricultural Science     Full-text available via subscription   (Followers: 5)
AIMA Bulletin     Full-text available via subscription   (Followers: 4)
AJP : The Australian J. of Pharmacy     Full-text available via subscription   (Followers: 9, SJR: 0.102, h-index: 5)
AlterNative: An Intl. J. of Indigenous Peoples     Full-text available via subscription   (Followers: 8)
Analysis     Full-text available via subscription   (Followers: 4)
Ancient History : Resources for Teachers     Full-text available via subscription   (Followers: 1)
Anglican Historical Society J.     Full-text available via subscription   (Followers: 3)
Annals of the Royal Australasian College of Dental Surgeons     Full-text available via subscription   (Followers: 4, SJR: 0.101, h-index: 11)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appita J.: J. of the Technical Association of the Australian and New Zealand Pulp and Paper Industry     Full-text available via subscription   (Followers: 8, SJR: 0.18, h-index: 27)
AQ - Australian Quarterly     Full-text available via subscription   (Followers: 1)
Arena J.     Full-text available via subscription   (Followers: 1)
Around the Globe     Full-text available via subscription   (Followers: 1)
Art + Law     Full-text available via subscription   (Followers: 11)
Art Monthly Australia     Full-text available via subscription   (Followers: 8)
Artefact : the journal of the Archaeological and Anthropological Society of Victoria     Full-text available via subscription   (Followers: 3)
Artlink     Full-text available via subscription   (Followers: 5)
Asia Pacific J. of Clinical Nutrition     Full-text available via subscription   (Followers: 10, SJR: 0.672, h-index: 51)
Asia Pacific J. of Health Management     Full-text available via subscription   (Followers: 2)
Aurora J.     Full-text available via subscription  
Australasian Biotechnology     Full-text available via subscription   (Followers: 1, SJR: 0.1, h-index: 8)
Australasian Catholic Record, The     Full-text available via subscription   (Followers: 7)
Australasian Drama Studies     Full-text available via subscription   (SJR: 0.101, h-index: 2)
Australasian Epidemiologist     Full-text available via subscription  
Australasian Historical Archaeology     Full-text available via subscription   (Followers: 7)
Australasian J. of Early Childhood     Full-text available via subscription   (Followers: 4, SJR: 0.174, h-index: 1)
Australasian J. of Gifted Education     Full-text available via subscription   (Followers: 4, SJR: 0.115, h-index: 3)
Australasian J. of Human Security, The     Full-text available via subscription   (Followers: 3)
Australasian J. of Irish Studies, The     Full-text available via subscription   (Followers: 9)
Australasian J. of Regional Studies, The     Full-text available via subscription   (Followers: 2)
Australasian Law Management J.     Full-text available via subscription   (Followers: 7)
Australasian Leisure Management     Full-text available via subscription   (Followers: 1)
Australasian Musculoskeletal Medicine     Full-text available via subscription   (Followers: 2)
Australasian Music Research     Full-text available via subscription   (Followers: 3)
Australasian Parks and Leisure     Full-text available via subscription   (Followers: 2)
Australasian Plant Conservation: J. of the Australian Network for Plant Conservation     Full-text available via subscription   (Followers: 4)
Australasian Policing     Full-text available via subscription   (Followers: 5)
Australasian Public Libraries and Information Services     Full-text available via subscription   (Followers: 38)
Australasian Review of African Studies, The     Full-text available via subscription   (Followers: 2)
Australian Aboriginal Studies     Full-text available via subscription   (Followers: 9, SJR: 0.109, h-index: 6)
Australian Advanced Aesthetics     Full-text available via subscription   (Followers: 4)
Australian Ageing Agenda     Full-text available via subscription   (Followers: 5)
Australian and Aotearoa New Zealand Psychodrama Association J.     Full-text available via subscription  
Australian and New Zealand Continence J.     Full-text available via subscription   (Followers: 3)
Australian and New Zealand Sports Law J.     Full-text available via subscription   (Followers: 8)
Australian Archaeology     Full-text available via subscription   (Followers: 12, SJR: 0.491, h-index: 15)
Australian Art Education     Full-text available via subscription   (Followers: 6)
Australian Bookseller & Publisher     Full-text available via subscription   (Followers: 1)
Australian Bulletin of Labour     Full-text available via subscription   (Followers: 4)
Australian Canegrower     Full-text available via subscription   (Followers: 2)
Australian Coeliac     Full-text available via subscription   (Followers: 2)
Australian Cottongrower, The     Full-text available via subscription   (Followers: 1)
Australian Educational and Developmental Psychologist, The     Full-text available via subscription   (Followers: 6, SJR: 0.143, h-index: 4)
Australian Family Physician     Full-text available via subscription   (Followers: 3, SJR: 0.364, h-index: 31)
Australian Field Ornithology     Full-text available via subscription   (Followers: 3, SJR: 0.141, h-index: 6)
Australian Forest Grower     Full-text available via subscription   (Followers: 3)
Australian Forestry     Full-text available via subscription   (Followers: 2, SJR: 0.252, h-index: 24)
Australian Grain     Full-text available via subscription   (Followers: 3)
Australian Holstein J.     Full-text available via subscription   (Followers: 1)
Australian Humanist, The     Full-text available via subscription   (Followers: 4)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Intl. Law J.     Full-text available via subscription   (Followers: 26)
Australian J. of Acupuncture and Chinese Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.106, h-index: 3)
Australian J. of Adult Learning     Full-text available via subscription   (Followers: 12, SJR: 0.159, h-index: 7)
Australian J. of Advanced Nursing     Full-text available via subscription   (Followers: 11, SJR: 0.225, h-index: 26)
Australian J. of Asian Law     Full-text available via subscription   (Followers: 5)
Australian J. of Cancer Nursing     Full-text available via subscription   (Followers: 10)
Australian J. of Civil Engineering     Full-text available via subscription   (Followers: 4, SJR: 0.17, h-index: 3)
Australian J. of Dyslexia and Learning Difficulties     Full-text available via subscription   (Followers: 8)
Australian J. of Emergency Management     Full-text available via subscription   (Followers: 6, SJR: 0.401, h-index: 18)
Australian J. of French Studies     Full-text available via subscription   (Followers: 6, SJR: 0.1, h-index: 5)
Australian J. of Herbal Medicine     Full-text available via subscription   (Followers: 3, SJR: 0.109, h-index: 7)
Australian J. of Language and Literacy, The     Full-text available via subscription   (Followers: 3, SJR: 0.399, h-index: 9)
Australian J. of Legal History     Full-text available via subscription   (Followers: 18)
Australian J. of Mechanical Engineering     Full-text available via subscription   (Followers: 3, SJR: 0.129, h-index: 4)
Australian J. of Medical Science     Full-text available via subscription   (Followers: 1, SJR: 0.122, h-index: 5)
Australian J. of Multi-Disciplinary Engineering     Full-text available via subscription   (Followers: 2)
Australian J. of Music Education     Full-text available via subscription   (Followers: 3)
Australian J. of Music Therapy     Full-text available via subscription   (Followers: 5)
Australian J. of Parapsychology     Full-text available via subscription   (Followers: 1)
Australian J. of Social Issues     Full-text available via subscription   (Followers: 6, SJR: 0.178, h-index: 20)
Australian J. of Structural Engineering     Full-text available via subscription   (Followers: 6, SJR: 0.296, h-index: 8)
Australian J. of Water Resources     Full-text available via subscription   (Followers: 6, SJR: 0.226, h-index: 9)
Australian J. on Volunteering     Full-text available via subscription   (Followers: 1)
Australian J.ism Review     Full-text available via subscription   (Followers: 7)
Australian Life Scientist     Full-text available via subscription   (Followers: 2, SJR: 0.1, h-index: 2)
Australian Literary Studies     Full-text available via subscription   (Followers: 5, SJR: 0.1, h-index: 6)
Australian Mathematics Teacher, The     Full-text available via subscription   (Followers: 7)
Australian Nursing J. : ANJ     Full-text available via subscription   (Followers: 6)
Australian Orthoptic J.     Full-text available via subscription  
Australian Primary Mathematics Classroom     Full-text available via subscription   (Followers: 2)
Australian Screen Education Online     Full-text available via subscription   (Followers: 2)
Australian Senior Mathematics J.     Full-text available via subscription   (Followers: 1)
Australian Sugarcane     Full-text available via subscription  
Australian TAFE Teacher     Full-text available via subscription   (Followers: 2)
Australian Tax Forum     Full-text available via subscription   (Followers: 2)
Australian Universities' Review, The     Full-text available via subscription   (Followers: 3)
Australian Voice     Full-text available via subscription   (Followers: 4)
Bar News: The J. of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
BOCSAR NSW Alcohol Studies Bulletins     Full-text available via subscription   (Followers: 5)
Bookseller + Publisher Magazine     Full-text available via subscription   (Followers: 5)
Breastfeeding Review     Full-text available via subscription   (Followers: 16, SJR: 0.31, h-index: 19)
British Review of New Zealand Studies     Full-text available via subscription   (Followers: 3)
Brolga: An Australian J. about Dance     Full-text available via subscription   (Followers: 1)
Cancer Forum     Full-text available via subscription   (SJR: 0.143, h-index: 10)
Cardiovascular Medicine in General Practice     Full-text available via subscription   (Followers: 6)
Chain Reaction     Full-text available via subscription  
Childrenz Issues: J. of the Children's Issues Centre     Full-text available via subscription  
Chiropractic J. of Australia     Full-text available via subscription   (SJR: 0.107, h-index: 3)
Chisholm Health Ethics Bulletin     Full-text available via subscription   (Followers: 1)
Church Heritage     Full-text available via subscription   (Followers: 8)
Commercial Law Quarterly: The J. of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Communicable Diseases Intelligence Quarterly Report     Full-text available via subscription   (Followers: 2, SJR: 0.567, h-index: 27)
Communication, Politics & Culture     Open Access   (Followers: 12)
Communities, Children and Families Australia     Full-text available via subscription   (Followers: 1)
Connect     Full-text available via subscription  
Contemporary PNG Studies     Full-text available via subscription  
Context: J. of Music Research     Full-text available via subscription   (Followers: 8)
Corporate Governance Law Review, The     Full-text available via subscription   (Followers: 7)
Creative Approaches to Research     Full-text available via subscription   (Followers: 11)
Critical Care and Resuscitation     Full-text available via subscription   (Followers: 15, SJR: 1.737, h-index: 24)
Cultural Studies Review     Full-text available via subscription   (Followers: 14)
Culture Scope     Full-text available via subscription   (Followers: 2)
Current Issues in Criminal Justice     Full-text available via subscription   (Followers: 8)
Dance Forum     Full-text available via subscription   (Followers: 2)
DANZ Quarterly: New Zealand Dance     Full-text available via subscription   (Followers: 3)
Day Surgery Australia     Full-text available via subscription   (Followers: 2)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Developing Practice : The Child, Youth and Family Work J.     Full-text available via subscription   (Followers: 20)
Early Days: J. of the Royal Western Australian Historical Society     Full-text available via subscription  
Early Education     Full-text available via subscription   (Followers: 9)
EarthSong J.: Perspectives in Ecology, Spirituality and Education     Full-text available via subscription   (Followers: 1)
East Asian Archives of Psychiatry     Full-text available via subscription   (Followers: 2, SJR: 0.331, h-index: 7)
Educare News: The National Newspaper for All Non-government Schools     Full-text available via subscription  
Educating Young Children: Learning and Teaching in the Early Childhood Years     Full-text available via subscription   (Followers: 14)
Education in Rural Australia     Full-text available via subscription   (Followers: 1)
Education, Research and Perspectives     Full-text available via subscription   (Followers: 10)
Educational Research J.     Full-text available via subscription   (Followers: 15)
Electronic J. of Radical Organisation Theory     Full-text available via subscription   (Followers: 3)
Employment Relations Record     Full-text available via subscription   (Followers: 2)
English in Aotearoa     Full-text available via subscription   (Followers: 1)
English in Australia     Full-text available via subscription   (Followers: 2, SJR: 0.19, h-index: 6)
Essays in French Literature and Culture     Full-text available via subscription   (Followers: 7)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
Eureka Street     Full-text available via subscription   (Followers: 4)
Extempore     Full-text available via subscription  
Family Matters     Full-text available via subscription   (Followers: 13, SJR: 0.259, h-index: 8)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Fijian Studies: A J. of Contemporary Fiji     Full-text available via subscription  
Focus on Health Professional Education : A Multi-disciplinary J.     Full-text available via subscription   (Followers: 7)
Food New Zealand     Full-text available via subscription   (Followers: 4)
Fourth World J.     Full-text available via subscription  
Frontline     Full-text available via subscription   (Followers: 19)
Future Times     Full-text available via subscription   (Followers: 1)
Gambling Research: J. of the National Association for Gambling Studies (Australia)     Full-text available via subscription   (Followers: 5)
Gay and Lesbian Law J.     Full-text available via subscription   (Followers: 2)
Gender Impact Assessment     Full-text available via subscription  
Geographical Education     Full-text available via subscription   (Followers: 3)
Geriatric Medicine in General Practice     Full-text available via subscription   (Followers: 7)
Gestalt J. of Australia and New Zealand     Full-text available via subscription   (Followers: 2)
Globe, The     Full-text available via subscription   (Followers: 4)
Government News     Full-text available via subscription   (Followers: 2)
Great Circle: J. of the Australian Association for Maritime History, The     Full-text available via subscription   (Followers: 8)
Grief Matters : The Australian J. of Grief and Bereavement     Full-text available via subscription   (Followers: 10)
He Puna Korero: J. of Maori and Pacific Development     Full-text available via subscription  
Headmark     Full-text available via subscription   (Followers: 1)
Health Inform     Full-text available via subscription  
Health Issues     Full-text available via subscription   (Followers: 2)
Health Promotion J. of Australia : Official J. of Australian Association of Health Promotion Professionals     Full-text available via subscription   (Followers: 10, SJR: 0.606, h-index: 19)
Health Voices     Full-text available via subscription  
Heritage Matters : The Magazine for New Zealanders Restoring, Preserving and Enjoying Our Heritage     Full-text available via subscription   (Followers: 3)
High Court Quarterly Review, The     Full-text available via subscription   (Followers: 3)
History of Economics Review     Full-text available via subscription   (Followers: 10)
HIV Australia     Full-text available via subscription   (Followers: 3)
HLA News     Full-text available via subscription   (Followers: 6)
Hong Kong J. of Emergency Medicine     Full-text available via subscription   (Followers: 2, SJR: 0.173, h-index: 7)
Idiom     Full-text available via subscription   (Followers: 1)
Impact     Full-text available via subscription   (Followers: 1)
InCite     Full-text available via subscription   (Followers: 24)
Indigenous Law Bulletin     Full-text available via subscription   (Followers: 14)
InPsych : The Bulletin of the Australian Psychological Society Ltd     Full-text available via subscription   (Followers: 3)
Inside Film: If     Full-text available via subscription   (Followers: 8)
Institute of Public Affairs Review: A Quarterly Review of Politics and Public Affairs, The     Full-text available via subscription   (Followers: 12)
Instyle     Full-text available via subscription   (Followers: 1)
Intellectual Disability Australasia     Full-text available via subscription   (Followers: 7)
Interaction     Full-text available via subscription   (Followers: 3)

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Journal Cover Australian Journal of Asian Law
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   ISSN (Print) 1443-0738
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 12 Issue 2 - Chinese immigration law [Book Review]
    • Abstract: Crock, Mary
      Review(s) of: Chinese immigration law, by Guofu Liu (2010), Surrey: Law and Migration Series, Ashgate. 223pp. ISBN: 9781409409403. Hardback: $99.95.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - Chinese investment treaties policies and practice
           [Book Review]
    • Abstract: Godwin, Andrew
      Review(s) of: Chinese investment treaties policies and practice, by Norah Gallagher and Wenhua Shan (2009), Oxford: Oxford University Press. ISBN: 9780199230259. 592pp. Price: $430.00 (hardcover).

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - The supreme court and benign elite democracy in Japan
           [Book Review]
    • Abstract: Steele, Stacey
      Review(s) of: The supreme court and benign elite democracy in Japan, by Hiroshi Itoh (2010), Surrey, England: Ashgate. 360pp. ISBN: 9781409407744. Hardback: 70.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - Law in Japan: A turning point
    • Abstract: Ryan, Trevor
      Review(s) of: Law in Japan: A turning point, by USA: University of Washington Press. 667 pp. ISBN: 0295987316. Price: US$65.00 (hardcover).

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - Empirical support for redefining the legal profession
           and new roles for lawyers in Japanese corporations
    • Abstract: Fukui, Kota; Fukui, Yusuke; Steele, Stacey L
      This article introduces the current legal needs, role and image of lawyers in Japanese corporate society, based on three questionnaire surveys conducted by a research group at Osaka University. It provides empirical evidence to help clarify some of the reasons why Japanese corporations do not utilise lawyers for daily business activities. It also considers the future of lawyers in Japan. It argues that the increased number of corporate in-house lawyers will drive change in corporate legal culture in Japan and suggests factors that may accelerate these changes.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - Re-reading the Chatterley decision: An analysis of
           Japanese obscenity decisions from 1889 to 1957
    • Abstract: Obata, Yuri
      In this article, the obscenity decisions and free speech laws in Japan from the late 19th century to the Lady Chatterley Lover's decision in 1957 are analysed for the purpose of examining the continuity in the Supreme Court's approach to obscenity cases between the Meiji Constitution and the 1947 Constitution. The reading of the Chatterley decision suggests that the court's approach in regulating sexual expression did not change a great deal after the installation of the 1947 Constitution, even though it was expected to provide more freedom of speech in postwar Japanese society. This article explores the reasons why the post-war Japanese courts continued to rule on obscenity cases, safeguarding values and beliefs endorsed under the Meiji Constitution. It also examines what aspects of such values and beliefs have been maintained by the Chatterley decision and by the contemporary Supreme Court. It is argued that since the early 20th century the Supreme Court of Japan has continuously endorsed the idea that the maintenance of morality and sexual order in society is of the utmost importance in the public sphere, whereas the consumption of sexual materials should stay within the private sphere.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - Provident funds in Bangladesh: A legal framework for
           developing countries
    • Abstract: Alam, Md Shamim
      This article highlights major problems confronting Bangladesh in establishing and administering a more universally accessible provident fund. Some of these problems have been identified by the World Bank, the Asian Development Bank and the International Organisation of Pension Supervisors in their reports on Bangladesh. In addition, however, this article identifies weaknesses in trust law and investment management that remain central to the development of such a fund. It also explores a possible legal framework within which advances might occur. The article briefly contrasts the well-established pension and superannuation fund systems in Australia and Singapore before considering the experience of India and Pakistan in developing a framework for the administration of pension funds. After returning to consider some specific problems in Bangladesh, it makes suggestions for establishing an appropriate framework in Bangladesh and broadening the scope for savings and investment through pension funds in the future.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - The enforcement of china's anti-monopoly law against
           administrative monopolies
    • Abstract: Wang, Stephanie
      Administrative monopolies are a rampant problem in China. The Anti-Monopoly Law of the People's Republic of China (AML) attempts to deal with this problem by prohibiting government entities from abusing administrative power in anti-competitive ways. This article explores the effectiveness and enforcement of the administrative monopoly provisions by first looking at the treatment of administrative monopoly cases under the AML. The cases highlight not only the weaknesses of China's legal and judicial enforcement mechanisms, but also the important role of extra-legal mechanisms, such as the public pressure for rectification of violations. Second, China's situation is compared to that of Ukraine. The Ukrainian experience shows that the key elements to effective enforcement are providing for clear legislative penalties and having a strong and independent enforcement authority. Therefore, this article finds that, while the AML appears to have had some effect on reining in administrative monopolies, enforcement can be vastly improved by establishing an anti-monopoly enforcement agency that is independent, well resourced and empowered to take direct action against contraventions. Accordingly, the article concludes with some recommendations for short term and long term reform.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 2 - China's legal responses to the global financial
           crisis: from domestic reform to international engagement
    • Abstract: Huang, Hui
      This article aims to identify and examine the key issues affecting China's financial regulation in light of the recent global financial crisis (GFC). The investigation generates a number of important findings. First, the effects of the GFC on China's financial system have been relatively mild but this is largely owing to its lack of financial sophistication and isolation from the global markets. Second, China's domestic responses to the GFC have been quite effective, but at the same time it has serious side-effects for China's financial regulation. Third, China is well positioned to embrace new international standards such as those contained in the Basel III Accord. This article sets forth suggestions for reform of China's domestic financial regulatory structure and evaluates the steps China has taken towards playing a bigger role in the future development of international financial regulation.

      PubDate: Wed, 4 Jan 2012 11:21:47 GMT
       
  • Volume 12 Issue 1 - Legal Education in Asia: Globalisation, Change and
           Context [Book Review]
    • Abstract: Bell, Gary F
      A critical review of the book 'Legal Education in Asia: Globalisation, Change and Context', by Stacey Steele.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - China's New Enterprise Bankruptcy Law [Book Review]
    • Abstract: Godwin, Andrew
      A critical review of the book 'China's New Enterprise Bankruptcy Law' by Rebecca Parry.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - Environmental Dispute Resolution in Indonesia [Book
           Review]
    • Abstract: Waddell, Sarah
      A critical review of the book 'Environmental Dispute Resolution in Indonesia', by David Nicholson.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - The Other Roles of Law: Signalling, Self-commitment
           and Coordination
    • Abstract: Yu, Guanghua
      The existing literature on the role of formal law in economic development mainly focuses on the protective function of law. The dominant position of law and development scholars with expertise on Chinese law or economy downplays the role of formal law in China's economic development. This article, however, demonstrates that there is still inadequate evidence to support this position. In addition to pointing out that there is a role for formal law in China's economic development with respect to the enforcement of contracts and the protection of property rights, this article argues that the formal law has played a much more important role in China's economic development than is recognised by the existing literature if we also take into account the functions of formal law in signalling, self-commitment and coordination.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - Statements of the Chinese Government before Human
           Rights Treaty Bodies: Doctrine and Practice of Treaty Implementation
    • Abstract: Ahl, Bjorn
      This article explores the implementation of human rights treaties in China on the basis of statements that were made by the PRC government before human rights treaty bodies. The analysis of government statements differentiates between statements representing an 'internationalist' position and those standing for a 'realist' approach. The study reveals the inconsistencies and incoherencies of the position on international human rights law as presented by the official statements before international treaty bodies. It also explains the gradual change from the internationalist to the realist position by introducing relevant Chinese academic discourses and presenting the political and philosophical underpinnings of official statements and scholarly commentary. Although human rights treaties become part of the national legal system, courts do not apply human rights treaties directly. International human rights obligations are only implemented by way of specific legislative acts.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - Scandalising the Singapore Judiciary
    • Abstract: Tey, Tsun Hang
      Despite its small size, Singapore has special importance for debates and discussions over its relationship between economic development and progress on the one hand, and political, social and legal institutions on the other. This article considers how legal interpretation by the judiciary in Singapore has apparently curtailed the constitutional guarantee of the freedom of expression, and how this has regrettably tilted the balance between the judiciary's reputation and an individual's right to freedom of expression and speech in favour of the former. Nevertheless, this article is not directed at the shortcomings of the consistency of judgments by the judiciary; rather it hopes to open up a new line of debate over the extent to which it is 'rule of law' or 'rule by law' that is adopted in matters where criticisms of the ruling party and its leaders in Singapore are involved.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - Emergence of the Right to Live in Peace in Japan
    • Abstract: Hamilton, Hudson
      The Constitution of Japan enshrines pacifism in two provisions: the Preamble, which recognises the right of all peoples to live in peace, and art 9, which renounces war and prohibits the maintenance of war potential. As sweeping as these provisions appear, the Supreme Court of Japan has largely undermined their legal effect. On 17 April 2008 the Nagoya High Court breathed new life into the pacifism of the Constitution when it found a violation of art 9 in the deployment of Japan's Self-defense Forces to Iraq, and further held that the right to live in peace is enforceable in certain situations. Less than a year later, the Okayama District Court followed the Nagoya High Court in recognising the right to live in peace, and provided more detail about the right's substance. Although both cases were ultimately dismissed for lack of standing, their recognition of the right to live in peace is a significant development in art 9 litigation. As recognised by the Nagoya and Okayama courts, the right to live in peace can function as a means to enforce art 9.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 12 Issue 1 - Discipline-flourishing Constitutional Review: A Legal
           and Political Analysis of Myanmar's New Constitutional Tribunal
    • Abstract: Nardi, Dominic
      Myanmar's new Constitution is designed to perpetuate military dominance over politics, but it also establishes a Constitutional Tribunal that will be able to exercise constitutional review. This article develops several theories to explain this apparent paradox. First, it summarises the historical context of constitutionalism and courts in Myanmar. It then discusses the 2008 Constitution and key features of the new tribunal. The rest of the article reviews the literature on courts under authoritarian regimes and applies it to Myanmar's Constitution. Based on this analysis, the Constitutional Tribunal will likely enforce the terms of the Constitution against competing factions within the political elite, as well as political officeholders in local government bodies. It is not likely to enforce fundamental rights or be positioned to achieve a 'constitutional moment'.

      PubDate: Fri, 29 Apr 2011 11:55:13 GMT
       
  • Volume 11 Issue 2 - Japanese Law [Book Review]
    • Abstract: Nottage, Luke
      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Modernisation, Tradition and Identity: The 'Kompilasi
           Hukum Islam' and Legal Practice in the Indonesian Religious Courts [Book
           Review]
    • Abstract: Otto, Jan Michiel; van Huis, Stijn Cornelis
      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Law No 46 of 2009 on the Corruption Court
    • Abstract: Butt, Simon
      A translation of the provisions enacted in legislation for the Corruption Court of Indonesia (Law No 46) of 2009 from Indonesian into English are provided. The translator has aimed to produce a translation that reads naturally in English, but which accurately conveys the Indonesian text.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Asian Law in Translation: Translator's Note on the
           Indonesian Corruption Court Law - The Unravelling of Indonesia's
           Anti-corruption Framework through Law and Legal Process
    • Abstract: Butt, Simon
      In a 2006 decision, Indonesia's Constitutional Court declared that the nation's Corruption Court had been established by an unconstitutional statute. Nevertheless, recognising that the Corruption Court had greatly contributed to anti-corruption efforts, including by maintaining a 100 per cent conviction rate, the Constitutional Court refused to invalidate the Corruption Court's legal basis with immediate effect. Instead, it gave the national legislature (Dewan Perwakilan Rakyat, People's Representative Council, DPR) a three-year deadline to pass new legislation on the Corruption Court, after which time the Corruption Court would need to shut down. The DPR met this deadline with two months to spare, enacting the Law that appears here in translation in late October 2009. This background note has two objectives. The first is to explain, by discussing this Constitutional Court decision, why a new Corruption Court Law was necessary. The second is to describe the political context in which the new Law was passed. This context was one marked by, first, a corruption scandal perhaps more significant than any other in Indonesia's history; and, second, a public war waged against Indonesia's Anti-Corruption Commission (the KPK, Komisi Pemberantasan Korupsi) by police, prosecutors and powerful political figures. The plot is yet to entirely unfold, but presented here is a brief overview of the events that had taken place at time of writing.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Courage Under Fire: The First Five Years of the
           Indonesian Judicial Commission
    • Abstract: Colbran, Nicola
      Following the fall of President Soeharto in 1998, an era of reformasi (reformation) was ushered in, along with aspirations for a future democratic Indonesia. One of these aspirations was for a competent, independent and impartial judiciary which had been lacking under the former regime. However, the pace of reform was slow, and the need for an external independent institution to supervise the conduct of the judiciary became apparent. In 2004, the Indonesian Judicial Commission was established to fulfil this role. Although a relatively new institution, it has achieved significant success while facing considerable challenges and, in some cases, open hostility. This article details the establishment and powers of the Commission, discusses both selected challenges it has faced and successes it has achieved. It also looks at whether the powers of the Commission are sufficient to realise the reformasi aspirations for a competent, independent and impartial judiciary.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Reconciling Family Paternalism and Autonomy in
           Taiwan's Health Information Law
    • Abstract: Chen, Chung-Lin
      A unique issue regarding health information in Taiwan arises from a medical practice divergent from the standard Western practice: when a patient is diagnosed with a fatal disease, physicians sometimes inform other family members but withhold the information from the competent patient. On the one hand, this practice necessitates a legal response because of failure to respect patients' choice. On the other hand, a strict law based on extreme autonomy may have such social effects as frustrating the attempted, and socially valued, benevolence of physicians and family members. In Taiwan's current transitional era, when people have differing cultural preferences, that range from family paternalism to individual autonomy, it makes it difficult for the legislature to decide upon adequate legal rules. This article advocates legal reform for the protection of patient autonomy while arguing that decision-makers must pay close attention to changing cultural attitudes. I propose regulation allowing action by multiple institutions. While the legislature itself must take an important step forward, it also must confer discretionary responsibility on other institutions, such as the market, courts and professional communities.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Challenges and Strategies for Liberalising Vietnam's
           Airline Industry
    • Abstract: Tan, Alan Khee-Jin
      Vietnam's air transport sector has undergone significant liberalisation in recent years. For instance, more liberal bilateral air services agreements have been signed with other countries. As a result, foreign carriers now enjoy greater access into Vietnam, while Vietnamese carriers have secured reciprocal rights to fly to more overseas destinations. More domestic carriers have also been allowed to operate, with foreign minority ownership being approved for the first time in the form of the Qantas Group's stake in Jetstar Pacific. All these developments are occurring in the midst of impending liberalisation at the regional ASEAN level. The ongoing challenge for aviation policy in Vietnam is to balance the protection of local carriers' interests with the greater competition and liberalisation that will inevitably accompany the ASEAN Single Aviation Market. At the same time, there will be new market opportunities for Vietnamese carriers as these seek to match up to their bigger competitors. From a broader perspective, there is also the need to achieve substantial intra-ASEAN liberalisation to improve the ASEAN carriers' collective competitive position vis-a-vis carriers from unified markets such as China and India.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Sharia By-laws in Indonesia: A Legal and Political
           Analysis
    • Abstract: Parsons, Nicholas; Mietzner, Marcus
      In recent scholarly debates on sharia by-laws in Indonesia, many observers have claimed that such local regulations are unconstitutional and/or unlawful, and have criticised the central government for not overturning them. According to these scholars and activists, the Indonesian government is aware of the legal problems surrounding sharia by-laws (or perda syari'ah), but does not want to take action due to political concerns. Despite the controversial nature of such claims, there have so far been surprisingly few in-depth scholarly discussions of the legal status of sharia by-laws. This article seeks to fill this gap in the academic literature by analysing the position of perda syari'ah in Indonesia's constitutional and legal framework. Our examination takes two main steps: first, we examine the mechanisms through which regional regulations may be challenged and ultimately invalidated; and, second, we apply these criteria for potential annulment to a selected number of perda syari'ah. Based on this analysis, we conclude that perda syari'ah are in a much stronger legal position than their opponents believe. Consequently, we suggest that legal obstacles are as relevant as political dynamics in explaining the remarkable resilience of sharia by-laws in contemporary Indonesia.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 2 - Access to Justice': Forced Evictions in Cambodia
    • Abstract: Chinnery, Suzanne
      Preventing forced eviction and accessing justice for land rights are significant challenges for many Cambodians. The rapid transition to a market-economy, following years of violence and communist rule, has paved the way for massive land grabbing throughout Cambodia. Today, communities are frequently denied their legal rights, or are unable to access just outcomes in relation to disputes and evictions. This article argues that access to justice is restricted by the normative frameworks governing land law, the inability of the government to provide justice and the inability of those affected to seek justice. The lack of normative protection is evident in the lack of supporting guidelines and structures for the current Land Law to guide evictions, land sales and zoning. The judicial system is unable to provide justice to parties involved in land conflicts as a result of endemic corruption, government interference and a lack of judicial independence. Finally, government capture of the Bar Association, and a tendency to ignore or intimidate and prosecute civil society actors, has limited civil society influence over government decisions.

      PubDate: Thu, 2 Dec 2010 09:52:21 GMT
       
  • Volume 11 Issue 1 - Law for Foreign Business and Investment in China [Book
           Review]
    • Abstract: Godwin, Andrew
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - The China Legal Development Yearbook Volume 2 [Book
           Review]
    • Abstract: Peerenboom, Randall
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Qanun of Aceh Number 3 Year 2008 on Local Political
           Parties participating in elections for members of the People's
           Representative Council of Aceh (DPRA) and the People's Representative
           Council in the Cities/Regencies (DPRK)
    • Abstract: Crouch, Melissa
      A translation of a local regulation that applies to the entire province of Aceh is presented.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Asian Law in Translation: Translator's Note on Aceh
           Qanun 3/2008: Stretching the Scope of Special Autonomy in Aceh: The
           Controversial Qur'an Requirement for Election Candidates
    • Abstract: Crouch, Melissa
      In June 2008 the Governor of Nanggroe Aceh Darussalam endorsed Qanun 3/2008 on Local Political Parties, a local regulation that applies to the entire province of Aceh. This Qanun became the source of contention between Aceh and the central Indonesian government because of the extra religious requirement it places on Muslim candidates. It requires candidates for the provincial People's Representative Council (Dewan Perwakilan Rakyat) of Aceh (DPRA) and the People's Representative Council in cities/regencies (DPRK) in Aceh to satisfy a Qur'an recitation test to be eligible to contest an election.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Strategies for Host-country Regulation of Hedge Funds:
           Lessons from India's Approach
    • Abstract: Varottil, Umakanth
      Hedge funds tend to employ aggressive investment strategies and highly leverage their funds. While hedge funds enhance liquidity and efficiency in financial markets, they also engage in complex financial transactions that may result in systemic losses that are often borne by the financial markets in which they invest. In this context, the role of regulation of hedge funds in the host countries that receive their investment assumes importance. The Indian securities regulator, the Securities and Exchange Board of India (SEBI), has employed various regulatory strategies to regulate hedge fund investments. These include strategies of prohibition, disclosure, restriction and registration. Using the example of SEBI's measures in the Indian context, the article examines the dynamics involved in regulating the offshore hedge fund industry, discusses the advantages and drawbacks of each regulatory strategy, and sets out certain guiding principles for regulating offshore hedge fund investments.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Adaptive Efficiency and Economic Development in China:
           The Definition and Enforcement of Property Rights
    • Abstract: Yu, Guanghua
      The current research on property rights definition and enforcement in China focuses more on informal property rights institutions. Some even suggest that formal property law institutions do not play any important role in China's economic development. Inadequate attention to the role of formal law on property rights in the existing literature is obviously inadequate to explain the fast rate of economic development from an institutional perspective. I argue that the development of property rights law requires considerable adaptation. Changing government policy and formal law on property rights has exerted some influence on decisions to establish business firms, to change decision-making in business firms, and to buy and sell real property. Government and people in China also spend more resources defining and enforcing property rights when the value of assets increases. Changing property rights regimes related to firms and the real estate market shows that formal law has, in fact, made a significant positive contribution to China's economic development.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Treaties on Trade and Investment and the Indian Legal
           Regime: Should We Mind the Gap'
    • Abstract: Ranjan, Prabhash
      This article looks at the relationship between trade and investment treaties signed by India and the Indian federal domestic legal regime in light of existing constitutional provisions that give the right to the central executive to negotiate and sign international treaties. It focuses on trade and investment treaties, rather than all international treaties signed by India, because the former treaties impose relatively more onerous obligations that constrain the national policy space. The article challenges the present practice in India, where international treaties on trade and investment bind India without undergoing any parliamentary approval or ratification. This can occur because the Indian Constitution is silent regarding the status of such international trade and investment treaties within the domestic legal regime, especially in cases where these treaties have not been transformed into a domestic legislation. The article also discusses those situations where an Indian law could conflict with an obligation imposed by an international trade and investment treaty that has not been transformed into a domestic legislation. Further, the Indian Constitution is also silent on whether the central executive can negotiate and sign treaties on subjects given in the State List, or whether the power to sign international treaties is limited to subjects given in the Union List. The present practice, whereby the central executive signs trade and investment treaties on State subjects without consulting the States, affects the constitutional policy space of the States and undermines the federal polity. The article concludes by stressing the need to develop a new law, clearly stipulating how the executive should go about the business of signing trade and investment treaties.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Constructing Secularism: Separating 'Religion' and
           'State' under the Indian Constitution
    • Abstract: Mohsin Alam, M
      The jurisprudence of freedom of religion under the Indian Constitution presents us with a muddled picture. With a complicated history of denominational religion and reform, these provisions have been seen to be the very root of the 'social revolution' which the Constitution intended to mark. At the same time, the restrictive interpretation of arts 25 and 26 of the Constitution, in the form of what I have called the doctrine of 'essentiality', has failed to gather enough attention. It is argued that this interpretation of freedom of religion was revolutionary from the point of view of the natural textual construction. Moreover, it is argued that this construction of the text re-aligned the constitutional conception of secularism, something that is not often noted. While this construction strengthened the power of the state to regulate denominational religion, it reduced 'constitutional secularism' to a concept antithetical to the individual's right to freedom of religion.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 11 Issue 1 - Thailand's Troubled South: Examining the Case for
           Devolution from a Comparative Perspective
    • Abstract: Leyland, Peter
      This article considers the case for devolution in Thailand's south, where the majority of Thailand's Islamic population live. In recent years the insurgency in the southern provinces of Yala, Narathiwat and Pattani has cost more than 3500 lives. In outlining the nature of the current problem there is a discussion of the historical marginalisation of the Islamic population through the policies of successive Thai governments, as also of the political aspirations of Malay-speaking Muslims, including the activities of the Pattani National Liberation Front (BNPP), the Pattani United Liberation Organization (PULO), National Revolutionary Front (BRN) and more recently the increase in radicalisation and the influence of Salafism. Recent initiatives to address the problem are explained in depth. Next, devolution with reference to the United Kingdom, and particularly Northern Ireland, is considered as a form of dispute resolution for this region of Thailand. Although it is recognised that any Thai solution would need to be brokered locally between opposing factions, it is suggested that a number of features from the UK example might be adopted.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - Chinese Law: Context and Transformation [Book Review]
    • Abstract: Biddulph, Sarah
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - Increasing Press Freedom in Indonesia: The Abolition
           of the Lese Majeste and 'Hate-sowing' Provisions
    • Abstract: Royan, Naomita
      This article considers the issue of press freedom in Indonesia by examining two recent Constitutional Court decisions: (1) the Eggi Sudjana and Pandapotan Lubis case, in which the Constitutional Court reviewed Criminal Code provisions regarding the offence of deliberately insulting the President or Vice-President; and (2) the Panji Utomo case, in which the Constitutional Court reviewed Criminal Code provisions regarding the expression of hostility, hatred or contempt towards the Indonesian government. In both cases, the Constitutional Court ruled that the articles in question - which enabled the state to penalise the media for merely reporting either insults to the President or Vice-President or expressions of hostility, hatred or contempt towards the Indonesian government - were unconstitutional, as they contravened constitutionally enshrined rights including equality before the law, freedom of expression, freedom to communicate, freedom of association and freedom to obtain information. The Constitutional Court's decisions are a victory for freedom of expression; unfortunately, however, the rulings do not apply retrospectively to the cases of Eggi, Pandapotan and Panji. The abolition of these offences confirms Indonesia's trend towards an increasingly unrestricted press that is gradually being disentangled from government interference.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - The Newly Introduced Criminal Jury Trial in Korea: A
           Historic Step toward 'Criminal Justice by the People'
    • Abstract: Cho, Kuk
      Until the National Assembly passed the Lay Participation in Criminal Trials Law in June 2007, Korean citizens had never participated in trials. Koreans are now taking part in criminal justice as active deciders, not as passive beneficiaries or onlookers. The introduction of jury trials is thus a drastic change for Korean criminal justice. It was a result of both the rapid growth of political democracy and widespread doubts about the integrity of the judiciary. It was also a part of an ongoing international trend to introduce or resurrect jury trials after the collapse of authoritarian regimes. The newly introduced jury trial in Korea will certainly change the fundamentals of criminal trials, modifying the role of the judge, trial strategies and evidentiary rules. The Korean jury trial system, however, differs from other legal systems regarding the scope of crimes eligible for jury trial, the method and process of reaching a verdict, and the effect of jury opinions on the ultimate verdict.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - The Ties That Bind: Law, Islamisation and Indonesia's
           Prosperous Justice Party (PKS)
    • Abstract: Shihab, Najwa; Nugroho, Yanuar
      There are clear indications that Indonesia's Prosperous Justice Party (Partai Keadilan Sejahtera or PKS) has shifted from being a hardline (garis keras) Islamist party, to take a more moderate stance, with significant changes to its platform. Prominent among these are decisions to step back from earlier demands for the enforcement of Islamic law and the creation of an Islamic state in Indonesia, as well as major modifications to doctrinal positions relating to the legal status of women as leaders, and formal relations with non-Muslims. This article investigates the factors that have contributed to this shift, and argues that it is a result of political processes in Indonesia that compel PKS to moderate its platform to expand its constituency. It is also argued that an ideological transformation has taken place within PKS, that the transformation is genuine, albeit contested internally, and that it is probably necessary for electoral success.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - Inducing a Constructive Press in Singapore:
           Responsibility over Freedom
    • Abstract: Tey, Tsun Hang
      The Singapore political leadership has moulded a sophisticated press control regime that befits its 'pragmatic' political ideology based on the primacy of executive leadership and limited freedom of expression. This article - using Singapore's constitutional and legal framework and political system as a backdrop - delves into a legal structure that has been constructed, fine-tuned and consolidated over decades of legislative amendments, to explore its essential features and strictures. It advances the view that the legal framework is reinforced by the ideological construction of a hegemonic culture and consensus politics achieved by strategic political co-optation. Litigation, used to vindicate the government's position, also seems to have produced a reinforcing effect. This article reflects on how Singapore's unique press control regime has turned its constrained Fourth Estate into an establishment political institution.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - Is Burmese Law Burmese': John Jardine, Em
           Forchhammer and Legal Orientalism
    • Abstract: Huxley, Andrew
      During December 1882 and January 1883 the Judicial Commissioner and the Government Archaeologist of British Burma wrote six papers on Burmese law. This article examines the context in which they were written, the claims they made, and the evidence on which those claims rested. Drawing on Kelsen, this article argues that the version of Burmese legal history developed by British colonial authorities during the 1880s was an exercise in legal Orientalism, and was both inaccurate and dishonest.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 2 - Parties and Decision-making in the Indonesian
           Parliament: A Case Study of RUU APP, the Anti-pornography Bill
    • Abstract: Sherlock, Stephen
      The draft legislation on the control of pornography generated more controversy than any other bill in post-Soeharto Indonesia. The bill stirred up feelings about issues that go to the heart of the implicit compact between the various cultural streams in Indonesian society that has underpinned the state since independence. It appeared at a time of rising controversy about apparent efforts to legislate sharia-based norms. This article argues that the bill was passed, not because of a strong commitment to its contents by the majority of the parliament (DPR) but because of problems with the decision-making processes within the DPR and poor communication between DPR members and their political parties. The bill reached an advanced stage of the internal processes of the DPR long before its implications had been properly considered by the members of the relevant DPR committee, or their political parties, and without sufficient public consultations having occurred. Insufficient capacity to scrutinise bills from the perspective of both good policy and good drafting can mean that bills are drafted by outside interests in an ad hoc and unrepresentative manner. So-called 'consensus' decision-making then creates pressures on parties to agree to poor quality bills becoming official documents of the DPR. Had the bill been canvassed amongst a wider range of public opinion at an early stage of drafting and been subjected to more thorough discussion at the committee stage it would probably never have become the subject of such divisive and potentially damaging controversy.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - The Development of Workers' Compensation in China:
           Emerging International and Internal Challenges
    • Abstract: Guthrie, Robert
      Until recently, access to occupational injury or disease compensation in China has been limited to employees of state-run enterprises, and rural workers have been excluded. China's steady increase in privatisation, as well as the rapid industrialisation and increasing migration of workers from rural sectors to urban areas, has been an impetus for expanding compensation scheme coverage to workers in the private sector. In response to these growing pressures, China has developed a regime of regulations in effect from July 2004, to expand the coverage of its occupational accident insurance to include all forms of enterprise, at least notionally. These new regulations present considerable challenges for Chinese administration and business. This article explores the details of the Rules for Occupational Accident Insurance and analyses them against the historical background of occupational injury and disease compensation in China. It identifies the main weaknesses in the Rules and measures the Chinese provisions against relevant international conventions.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - Determination of Economic, Social and Cultural Rights
           by the Indonesian Constitutional Court
    • Abstract: Venning, Philippa
      Indonesia's Constitution contains a swathe of economic, social and cultural rights which can now be judicially determined by the newly established Constitutional Court. Approaches to judicial determination of economic, social and cultural rights range from these rights being expressly justiciable to being mere statements of principle to guide the executive and legislative branches. These approaches, explored and evaluated in the light of practical examples from developing countries, are used as a basis to analyse how the Indonesian Constitutional Court has determined economic, social and cultural rights since its establishment in 2003. Two judicial review cases on the Electricity and the Water Resources Laws are examined in detail and indicate that the court is taking a strong-form approach to determination of economic, social and cultural rights, squarely placing it in the realm of policy-making. The analysis in terms of theories of justiciability is placed in the context of the socio-political realities present in Indonesia to conclude that strong-form judicial review can provide a useful tool for the poor to advocate for social change in a transitional democracy prone to financial crises.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - The Civil Consequences for Breach of the Prohibition
           against the Giving of Financial Assistance: The Malaysian Approach
    • Abstract: Meng, Chan Wai; Balan, Sujata
      The prohibition against the giving of financial assistance by a company to persons who purchase or subscribe to a company's shares or to those of its holding company has, for a long time, been an important feature of company law. In Malaysia, this prohibition is enacted in s 67(1) of the Companies Act 1965 (Rev 1973) (Act 125). This article focuses on an important question that has arisen in Malaysia in relation to this section, namely, what are the civil consequences of a transaction that breaches the prohibition in s 67(1). Is the transaction valid despite the prohibition, or is it void or voidable' This article explores this question by examining case law and a significant amendment that was made to s 67 in 1992. It also discusses recent proposals that have been made by the Corporate Law Reform Committee of Malaysia to reform and modernise the law on this subject.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - Prospects for Procedural Justice in Reforms to Public
           Order Regulations in China
    • Abstract: Biddulph, Sarah
      This article examines some of the legal responses to continuing problems of abuse of administrative power by the Chinese public security organs. It argues that recent reforms to improve the administration of justice reflect an acceptance by the state that law is not just something the police enforce, but that the authority of the police, as well as social order and stability, are promoted by controlling the arbitrary and abusive exercise of the state's coercive powers. Continuing abuse and injustice in the exercise of police powers risks exacerbating the already severe social order problems that exist in China today and alienating Chinese citizens even further from the police and from the state. The article examines the gradual adoption of a uniform set of procedural requirements for the exercise by the police of their administrative powers. It focuses in particular on the most recent of these reforms incorporated in the Securities Administrative Punishments Law 2006, and comments on the factors that may affect implementation of these reforms.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - Beyond a Clash of Cultures: Schapelle Corby's My Story
           and Comparable High Profile Criminal Trials
    • Abstract: McGregor, Katharine E; Pennell, CR
      This article examines the way in which the case of Schapelle Corby was presented both in her own book and in the media more generally. It compares the presentation of this case with similar examples of high profile trials of individuals accused of crimes in foreign countries. These include people from 'Western' countries accused in Asian and Middle Eastern courts, but also Asians accused in other Asian states, and Middle Easterners tried and punished in other countries in the region. In doing so, the article argues that, while the rhetoric that surrounds them draws upon civilisational clashes for its language, the cases can be better explained in terms of domestic political controversies and attempts to draw sympathy, rather than international standoffs. An examination of the variety of local responses shows that an explanation of these cases in terms of civilisational clash or legal Orientalism is inadequate. The article argues that the stories of defendants are regularly swamped by these wider agendas, so that their cultural identity is called into question. It suggests that a pre-modern principle - that of 'personality of law' - may be a useful starting point in understanding the potency of these cases. This principle held that individuals were to be judged by their own laws wherever they might be, that foreigners carried their own laws with them. This converged with concepts of immunity from foreign law that resulted from colonial rule. Thus responses to these cases were not simply cultural standoffs, instead they became fora for the complex negotiation of issues of identity, nation and law, emblematised by conflicting cultural narratives.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 10 Issue 1 - Local Government, Democratic Participation and the
           Urban Environment in Peninsular Malaysia
    • Abstract: Harding, Andrew
      This article examines the effect of the local government system in urban parts of Peninsular Malaysia in the context of public participation in decision-making relating to planning and the environment. It engages in two case studies. The first relates to the system of planning control, and the second to squatter communities. The article concludes that there is a major deficit in democratic participation at the local government level, and that the neglect of local government revealed by these studies indicates that the restoration of local government elections is highly desired to improve participation and democracy and thereby to improve the urban environment.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - Case Note and Commentary
    • Abstract: Narita, McGowan V; Webster, Timothy
      Steve McGowan, an African-American designer and long-time resident of Japan, had to endure two injustices before achieving a legal remedy. First, a store employee in Daito, Japan (population 150,000), shooed him away with racist vituperation: 'Get out of here. I hate black people. Don't touch the door. Don't touch the window. You're disturbing me. Impossible'. Second, in January 2006 the Osaka District Court ruled against McGowan in civil litigation he brought against the employee for racial discrimination. At first blush, the case seemed to deviate from Japanese racial discrimination jurisprudence, which has compensated plaintiffs under similar circumstances. It was also a powerful reminder of both the deep racism pervading pockets of Japan, and the difficulties that plaintiffs face in bringing racial discrimination lawsuits. In October 2006, however, the Osaka High Court overturned the District Court decision, a testament to the Japanese judiciary's commitment to international human rights. McGowan's decision to sue was not based solely on moral imperative. He could also point to a couple of decisions that found similar behaviour both illegal and compensable under Japanese tort law. In both cases, the courts indirectly applied the Convention to End All Forms of Racial Discrimination (CERD) via the Japanese Civil Code. After explaining the interface between international law and domestic law, and its development in Japanese case law, I examine these two cases in greater detail.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - The PRC Property Rights Law 2007: A Foundation for
           Further Economic Reform'
    • Abstract: Biddulph, Sarah; Godwin, Andrew
      The PRC Property Rights Law, which came into effect on 1 October 2007, establishes the first unified framework in China for the recognition and protection of property rights. It is significant for many reasons, four of which are discussed in this article. First, it gives greater protection to property rights and confirms that all categories of ownership, whether state, collective or private, will enjoy equal protection. Second, it attempts to achieve a better balance between ownership rights and other property rights, such as security rights. Third, it establishes a uniform registration system in respect of real property, which should facilitate and increase the efficiency of property transactions in China's socialist market economy. Fourth, it clarifies the powers and compensatory obligations of the state where property is expropriated. This article identifies and analyses several issues that remain to be clarified before the law can achieve its full potential in terms of laying the foundation for further economic reform.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - The Malaysian Constitution after 50 Years -
           Retrospective, Prospective and Comparative Perspectives
    • Abstract: Lee, HP
      The study reviews the development of the past 50 years of the Malaysian Constitution. It leads to the observation that the Tun Salleh saga of 1988 proved to be a constitutional convulsion that continues to have adverse consequences for the standing of the judiciary.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - The Next Reform: The State of Contractual Freedom in
           China
    • Abstract: Dunn, Stephen D
      Many of the remaining significant barriers to modernisation of China's contract law arise from structural and conceptual limits on contractual freedom. These limits are manifested in ambiguity and contradiction within the body of contract law. Limits also arise from real and potential problems of state influence on party autonomy, and from problems of privity of contract, especially as against the state. This article briefly traces the development of Chinese contract law since 1949, and then examines the current state of contract law with reference to these limits on freedom of contract. The article suggests further reforms to remove ambiguity and contradiction and reduce the state's influence over contractual relations. Without significantly enhanced judicial independence, from the party as well as from the state, any changes to the text of the law itself will, however, only scratch the surface of reform.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - Brunei's Revamped Constitution: The Sultan as the
           Grundnorm'
    • Abstract: Tey, Tsun Hang
      Brunei experienced a series of unprecedented constitutional and legislative amendments over the period 2004-06, all orchestrated by the monarchy. This article compares the amendments with Brunei's previous constitutional structure to show the effect of the changes. It shows how the amendments served to clarify the Sultan's unfettered legislative authority, centralise and accentuate his executive authority, render the Legislative Council meaningless, and remove judicial review as a means of checks and balances. The article also reflects on how the constitutional and legislative changes made the Sultan the national Grundnorm, at the price of prospects for democratisation in Brunei.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 2 - The 2005 South Asian Earthquake: Natural Calamity or
           Failure of State': State Liability and Remedies for Victims of
           Defective Construction in Pakistan
    • Abstract: Khan, Maryam; Siddique, Osama
      This article conducts a review and evaluation of the various potential legal remedies that might be available to the victims of the 2005 South Asian earthquake against public officials and the state. It argues that such litigation may establish accountability for the failures of the past and go some way toward providing compensation to those affected; it may also compel the state to establish adequate regulatory mechanisms for the future.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Contra Bonos Mores: Religious Tenets and National
           Philosophy As the Yardstick for Determining Public Policy in Malaysia
    • Abstract: Choy, Choong Yeow
      This case note examines the implications of the decision of the Malaysian High Court in Ritz Hotel Casino Ltd v Datuk Seri Osu Haji Sukam [2005] 6 MLJ 760 (Ritz Hotel Casino). This case raised two major concerns. The first was the enforcement of foreign judgments in Malaysia. Second, the decision is significant in that the court resorted to a number of extra-legal 'sources' as authority in determining the public policy of Malaysia. I argue that the adoption of such an approach gives rise to uncertainties and has an adverse effect on commercial transactions, especially where courts are required to consider the validity and enforceability of contracts on the ground of public policy.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Challenges in Improving Access to Asian Laws: The Asian
           Legal Information Institute (AsianLII)
    • Abstract: Greenleaf, Graham; Chung, Philip; Mowbray, Andrew
      This article discusses the challenges involved in building the Asian Legal Information Institute (AsianLII), a free access legal research facility developed by the Australian Legal Information Institute - AustLII - in conjunction with partners in various Asian countries. The focus is on dealing with a region of such linguistic diversity and on the rationale and technical features of AsianLII as well as issues of approaches to partnerships, migration of technology and content control, and sustainability. The article explains that, while the data aggregation on which AsianLII is based has been assisted by the copyright laws of the region and by a centralised approach, the sustainability of AsianLII depends on partnerships and decentralisation. Similarly, while English language materials have been the best startingpoint to develop the system, a multi-bilingual approach will be necessary for its longer term development.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Harmony as Ideology, Culture, and Control: Alternative
           Dispute Resolution in Singapore
    • Abstract: Tan, Eugene KB
      The original impetus for promoting alternative dispute resolution (ADR) in Singapore in the mid-1980s was to support the needs of commerce and trade. Within a decade, the ADR regime has crystallised into a state-endorsed movement. ADR is seen as being in accord with Singapore's cultural values and assisting in nation-building through the promotion of harmony, cohesion and stability in a multi-racial, multi-religious and multi-lingual society. The extensive efforts at promoting an ideology of harmony, preferring civility over contentiousness, and prioritising responsibilities over rights, translate into the public narrative of consensus and settlement as desirable and necessary. Conversely, conflicts and contention are seen as social phenomenon against the common good, to be avoided at all costs.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Minority Shareholder Protection in China's Top 100
           Listed Companies
    • Abstract: Tomasic, Roman; Andrews, Neil
      It has been argued that the legal environment for the protection of minority shareholders is important in determining the strength of a country's capital markets. In China, the protection of minority shareholders is officially regarded as a major regulatory objective, especially as regards Chinese stock exchange listed companies. In practice, the position of minority shareholders in these companies is not well protected, suggesting that economic development and investment in listed companies do not fit neatly with expectations created by leading law and development theorists. This article reports on findings from an empirically based study of corporate governance in China's top 100 listed companies that examined a broad range of corporate governance issues, including the problem of minority shareholder protection. Major challenges to achieving better protection for minority shareholders in large Chinese companies emerged from this research.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Awards of Damages under the Singapore Consumer
           Protection (Fair Trading) Act
    • Abstract: Loo, Wee Ling; Goh-Low, Erin Soen Yin
      The Consumer Protection (Fair Trading) Act (Cap 52A, 2003 Rev Ed, Sing) attempts to protect consumers through compensatory damages. This article argues that compensatory damages are not enough to adequately protect consumers and deter consumer victimisation on the part of businesses. The article first sets out relevant provisions in the statute with regard to damages. Second, the article analyses the regime of damages in relation to other legislation in Canada and Australia from which it has been adapted and looks at how the damages provisions have been interpreted so far. Third, the article considers the types of damages available under the statute and how they may be interpreted by the courts, including pecuniary loss, non-pecuniary loss, the limits of compensatory damages and non-compensatory damages. Finally, the article argues that Parliament, in leaving out exemplary damages under the statute, has weakened its effectiveness in deterring unfair practices aimed at consumers. The authors therefore recommend that Parliament should consider explicitly including exemplary damages in the Consumer Protection (Fair Trading) Act to ensure that the regime effectively deters unfair practices.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - The Norms and Incentive Structures of Relational
           Contracting in Vietnam - Two Surveys
    • Abstract: Nguyen, Quan H
      Economists have often stated that, without adequate systems of contract law, an economy will be unable to flourish. This assumption has been challenged by legal realists, who contend that contract law may not be the only way to ensure promises are kept. This article examines this assumption through the perspective of business and contract practices in Vietnam. This is done through in-depth interviews and case studies of the interactions of business, human relationships and the law in the market. The article first sets out the different types of participants involved in this study and their professional, ethnic and social backgrounds. Second, the protocol used in interviews is explained. Third, the data from the interviews is analysed and an explanation for certain behaviours of participants in contracting and business practices is offered. Fourth, the article examines how participants view certain contractual concepts, including the contract itself, negotiation, performance and enforcement. Finally, the article looks at McMillan and Woodruff's previous scholarship on mapping contractual behaviour in Vietnam. It critiques the iterative game theory hypothesis of relational contracts, arguing that it is institutional social norms, rather than the nature of persons, which determine contractual behaviour.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 9 Issue 1 - Of Prosecutions and Amnesties: Does Fiji's Experience
           Suggest a Reconsideration'
    • Abstract: Iyer, Venkat
      This article examines the purpose and effectiveness of truth commissions from a Fijian perspective. The problems of dealing with past regimes' crimes, from the Nuremberg trials to the modern international criminal tribunals, have been a feature of the international system in the 20th century. This article argues against the universality of the pragmatist approach in dealing with past regime crimes. It contends that, in certain circumstances, the ideal option of prosecuting past crimes is feasible and practical in transitional societies. This article argues that Fiji is one such society. In doing so, the article examines the reconciliation and healing process in Fiji and its effectiveness.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 3 - The Proselytisation Case: Law, the Rise of Islamic
           Conservatism and Religious Discrimination in West Java
    • Abstract: Crouch, Melissa
      On 1 September 2005 three Christian women were found guilty in Indramayu, West Java, on charges of proselytisation under Indonesian national Law 23/2002 on Child Protection. The case has attracted great controversy, winning the attention of the former President of Indonesia, Abdurrahman Wahid, who called for charges against the women to be withdrawn.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 3 - The Spiliada in Singapore - Time for the Scrap
           Yard'
    • Abstract: Pulle, Austin I
      In the nearly two decades since the House of Lords decision in Spiliada Maritime Corp v Cansulex Ltd, most Commonwealth courts adopted the Spiliada framework for deciding forum non conveniens claims. The core of this framework consists of a deference to the natural forum, a concept that privileges convenience over requirements promoting the ends of justice. This framework, designed for use by specialist and experienced commercial law judges in England, has outlived whatever use it had elsewhere. It is premised on the preposterous assumption of the equivalence of local and foreign forums, a premise that is belied by the large amount of credible evidence that most developing country courts are incompetent and/or corrupt, the accuracy of which is even acknowledged by the governments of these very same countries. The decisions in Singapore that have relied on the Spiliada framework demonstrate the highly unsatisfactory outcomes when a stay is granted in favour of a developing country forum. This article proposes that a more realistic model should replace the superficially attractive symmetry of Spiliada. The conceptual integrity of this proposed model rests on its emphasis on professional ethics, and its practical value lies in successfully navigating a terrain where judicial reluctance to disparage foreign courts, in order to avoid charges of 'judicial chauvinism', competes with the immediate needs of providing justice to the parties in the litigation.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 3 - Judges' Perspectives on the Impact of
           Self-representation in Hong Kong Civil Cases
    • Abstract: Cameron, Camille; Kelly, Elsa; Chui, Eric Wing Hong
      Adversarial litigation is designed on the assumption that competent lawyers will represent people. Litigants who represent themselves challenge this design and the assumption on which it is based. Common law systems, including Hong Kong, are developing strategies to address the challenges presented by significant numbers of self-represented litigants. The impact of self-representation in Hong Kong High Court civil proceedings is made more complex by the fact that, whilst proceedings in that court have traditionally been conducted in English, most litigants in person appearing in the High Court are monolingual Chinese speakers. This article reports and discusses the results of interviews with Hong Kong judges about their experience of self-representation and their recommendations for change. It also discusses the extent to which self-representation in High Court civil proceedings has highlighted challenges for Hong Kong as it incorporates bilingualism in the higher courts.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 3 - Thinking Beyond Religion: Legal Pluralism in Britain's
           South Asian Diaspora
    • Abstract: Shah, Prakash
      'Religion' is a Western construct which, when transplanted to Asian countries, has led to a transformation of indigenous traditions and given rise to ethno-religious forms of identification. This article discusses the continuing influence of 'religious' identities among members of Britain's South Asian communities, in both the work of writers and in official discourses, and argues that this distorts our understanding of the complexity of legal reconstruction among diaspora communities. It proposes alternative categories of 'ritual', 'politics' and 'soteriology' as components of legal pluralism in the South Asian diaspora. The article further explores how combinations among these are leading to distinct tendencies in plural legal reconstruction and official recognition in diaspora.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 2 - International Environmental Law and Asian Values [Book
           Review]
    • Abstract: Lin, Jolene
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 2 - Good Faith in Employment Termination - A Singapore
           Perspective Ravi Chandran
    • Abstract: Chandran, Ravi
      This article traces the development and applicability of the implied term of trust and confidence in a contract of employment, with specific reference to Singapore. Assuming such a term is recognised in Singapore, it also examines the issue of whether the term applies to the termination of an employment contract, with the effect being that a termination cannot be made in bad faith. It also examines the remedies should such a term exist and be applicable to the termination of an employment contract. The article also examines some of the policy reasons and implications pertaining to these issues.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 2 - Studying Post-conflict Rule of Law: The Creation of an
           'Ordinary Crimes Model' by the United Nations Transitional Administration
           in East Timor
    • Abstract: Harper, Erica
      This article focuses on the practical and conceptual challenges associated with UN exercises in post-conflict legal rehabilitation. The context is a case study of one of the UN's most recent and extensive rule of law projects. In 1999, the UN Security Council endowed the UN Transitional Administration in East Timor with wide powers of legal governance and administration. Among its responsibilities, UNTAET was mandated to build and administer a justice system to process criminal and civil offences. Consideration of UNTAET's construction of the Ordinary Crimes Model, the problems that were encountered, and the extent to which such problems were resolved provides important insights into the nature of international intervention and conflict management. Such lessons learned should be incorporated into the current discourse on how the UN should proceed in future missions where rule of law and judicial capacity building are stated priorities.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 2 - Droit Administratif Thai Style: A Comparative Analysis
           of the Administrative Courts in Thailand
    • Abstract: Leyland, Peter
      A system of Administrative Courts was set up for the first time in Thailand as an important part of the new Thai Constitution of 1997. After dealing with issues raised in undertaking comparative analysis, this article traces the background to the introduction of the court, with particular reference to the strong influence of the French system of droit administratif in the development of the Council of State in Thailand, and in the conception of the current Thai system of administrative justice. The discussion proceeds to consider the institutional safeguards which were put in place to secure the independence of the Administrative Courts. The following sections deal with the characteristics of the court, which are mainly discussed in terms of its jurisdictional limits, the grounds set out for its intervention, the remedies it is able to award, and its work load. Finally, some of the court's significant judgments are considered in the context of the current constitutional situation in Thailand.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 1 - The Long Term Credit Bank of Japan Litigation
    • Abstract: Misawa, Mitsuru
      The Long Term Credit Bank of Japan (LTCB) was one of the most aggressive lenders to real estate developers during the 1990s. Its financing activities covered the Pacific, including Australia, Vietnam, Saipan and Hawaii, as well as parts of the continental United States. Once one of Japan's three top-ranked long-term credit banks, LTCB was placed under state control in October 1998 and collapsed under the weight of bad-loan losses in 2000. This article addresses the issue of whether the litigation that followed sufficiently pursued bank directors' civil and criminal liabilities. Three cases that were brought to court - two involving civil liability and one criminal liability - are discussed. Bank directors were held accountable for violating their duty of care in the decisions they made regarding the various loans that ultimately failed, but directors (as individuals) had only limited resources to pay the hefty damages awarded by the courts. The real question is whether the banks themselves could be held responsible (via lender liability) in Japan. The litigation brought by EIE International against LTCB was settled in 2004; had it not been settled, it might have served as a leading case for establishing lender liability in Japan.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 1 - The Exclusionary Rule in Taiwan: Lessons from the
           United States
    • Abstract: Chang, Ming-Woei
      To improve human rights protection, Taiwan's Government has passed several important amendments to its Criminal Procedure Code since 1990. The original Code was, however, based on continental inquisitorial models, while the amendments are derived mainly from the American model. The question thus arises of whether Taiwan s new criminal procedure retains its inquisitorial origins or whether it has become more adversarial in nature. This article examines one aspect of this problem, through an examination of the newly enacted exclusionary rule in the Taiwan's Criminal Procedure Code which is sometimes inaccurately and simplistically described as a mandatory rule, a reference to its US counterpart. After a brief comparative overview of the developments in the exclusionary rule in Taiwan and in the United States, this article considers why development of the rule in Taiwan differs from the US experience. The article argues that differences between these two rules will eventually become smaller, since both seem to apply similar 'balancing tests' when excluding evidence.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 1 - Developments in Judicial Review in Malaysian Industrial
           Law
    • Abstract: Hassan, Kamal Halili
      Applications for judicial review have become an important means of access to the supervisory jurisdiction of the High Court of Malaysia for persons aggrieved by decisions of the Minister of Human Resources or the Industrial Court. Although judicial review has been sought in many areas of law, it is in industrial law that such applications have been most widely made. The majority of reported cases in Malaysia relating to judicial review are decisions of the superior courts reviewing actions of the Minister or awards of the Industrial Court. This article discusses the development of judicial review in Malaysia, arguing that judicial activism has moved from a conventional to a radical approach.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 8 Issue 1 - Experimenting with Regulation: The New Regulation of
           Professional Services in the People's Republic of China
    • Abstract: Arup, Chris
      This article traces the cautious liberalisation of professional services for corporate governance in post-WTO China. It examines recent national government measures for the regulation of legal services, accountancy and audit services, and financial services (specifically securities trading). Two features of national government regulation are considered: the development of domestic services and the participation of foreign suppliers. The context for the study is the part that professional services play in corporate governance. Policies of liberalisation and privatisation should mean that central state control over the uses of these services is relaxed. From the evidence to date, it would appear that, at most, the Chinese Government is aiming to relinquish control only gradually. At the same time, it experiments with measures that are better adapted to regulating domestic and foreign suppliers effectively, responsively and perhaps coherently in a market economy.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Legal Reform in Korea [Book Review]
    • Abstract: Smith, Malcolm
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - The State of Civil Society in Japan [Book Review]
    • Abstract: Steele, Stacey; Whitney, Justin
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Zen and the Law School
    • Abstract: Taylor, Veronica L
      This article asks a series of questions: How will Japanese law schools develop' How will their ethos and the values underpinning their instruction methods and modes of operation be expressed' What kind of insights and practices in legal education might emerge from Japan and are these likely to be distinctive' These questions are explored through the lens of premodern Zen Buddhism. I select areas of Japanese law school activity in which Zen approaches seem to intersect with contemporary understandings of problems and practice: (i) pedagogy, (ii) law school design, (iii) law school governance and (iv) institutional dynamism. Neither the Zen masters nor this article offer prescriptions for what the values and practices of the Japanese law school ought to be. They simply remind us that values matter and that they are routinely contested within law schools. The Zen metaphor also playfully reminds us that, although we may decry the limitations of the Japanese law school design, we have limited power to reshape the world (or Japanese law schools) in our preferred image.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - The Development of a Method for Teaching Legal Ethics
           in Japan's New Law Schools: A Personal View
    • Abstract: Kuroyanagi, Tatsuo
      This paper explains a new method for teaching legal ethics in Japan. It also explains how this new method is better than the older one.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Legal Education Reform in Japan: Teachers, Leave Us
           Kids Alone'
    • Abstract: Steele, Stacey
      The recent legal education reforms in Japan largely tracked traditional reform processes in Japan and did not reach out to constituencies like students in a structured and meaningful way. This article considers why this was the case and provides an insight into student opinions. Using a modest survey and group interviews of students in Japan, I sought to find out what students were thinking about their individual situations and the reforms just three months after the new system of postgraduate law schools was introduced in June 2004. This article also considers disadvantages involved in student evaluation and how this may impact on law schools in Japan in future, based on a comparative analysis with Australia. Now that the reforms have been put in place, student evaluations are being collected and analysed by law schools and the Ministry of Education, but the question remains - will this lead to better education' Finally, this article concludes with some predictions and an examination of student aspirations from my perspective as a practitioner.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Build Postgraduate Law Schools in Kyoto, and Will They
           Come - Sooner and Later'
    • Abstract: Nottage, Luke
      This article critically assesses many issues that have arisen or become more visible since new postgraduate 'law schools' got underway in April 2004 in Japan, focusing on those in Kyoto, a major centre of learning. It re-emphasises serious design flaws in the original reform proposal and notes some more promising tendencies subsequently. It argues that the new system remains unstable and inherently problematic for teachers, students and the broader community. The article concludes by proposing more thoroughgoing reforms driven more by educators and a broader array of stakeholders.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Forces Driving and Shaping Legal Training Reform in
           Japan
    • Abstract: Foote, Daniel H
      After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of the forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 3 - Symposium: Build It and They will Come: The First
           Anniversary of Law Schools in Japan
    • Abstract: Steele, Stacey
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Public Interest Environment Litigation in India,
           Pakistan and Bangladesh [Book Review]
    • Abstract: Faruque, Abdullah Al
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Towards Integrated Environmental Law in Indonesia'
           [Book Review]
    • Abstract: Tan, Alan Khee-Jin
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Gender and Human Rights in Islam and International Law:
           Equal before Allah, Unequal before Man' [Book Review]
    • Abstract: Evans, Carolyn
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Islamic Law and the Issue of Gender Equality in
           Indonesia [Book Review]
    • Abstract: Salim, Arskal
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - The Recent Law Reforms and Plant Intellectual Property
           Law in Sri Lanka: Compliance with the TRIPS and CBD
    • Abstract: Kariyawasam, Kanchana
      The extension of intellectual property rights to agriculture is of crucial importance to Sri Lanka, as plant genetic resources play a significant role in the country's agriculture and food security. The challenge for Sri Lanka is to ensure these rights are implemented in a domestic context. In particular, a significant problem for Sri Lanka involves the successful implementation of a national framework that will facilitate the objectives of the Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD), to which Sri Lanka is a party. This article first provides an overview of the legal provisions relating to the various issues of intellectual property rights in plant genetic resources in Sri Lanka, and then considers how Sri Lanka fulfils its international obligations in compliance with TRIPS and CBD.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Judicial Immunity and Independence of Vietnamese
           Judges: Reflections on the Ordinance on Judges and Jurors and the Law on
           the Organisation of the People's Courts
    • Abstract: Chan, Gary
      This article explores and analyses the issue of civil liability of Vietnamese judges arising from the performance of their adjudicatory tasks. This is discussed in the light of relevant provisions contained in the 2002 Ordinance on Judges and Jurors of the People's Court and the 2002 Law on Organisation of the People's Courts. The potential impact of these provisions on judicial independence in Vietnam is also examined.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 2 - Establishing an Emissions Trading Scheme in Singapore
    • Abstract: Lin, Jolene
      The need to address climate change is urgent but it must be balanced against the goals of economic growth and maintaining competitiveness in the global economy. This article argues that emissions trading manages to strike this balance. Further, emissions trading seeks to reduce greenhouse gas emissions at the lowest cost to society and conditions in Singapore are ideal for its successful employment. These include the presence of reliable legal recourse; the environmental agency's genuine monitoring and enforcement capabilities; and sufficient businesses with different abatement costs to justify the creation of an emissions trading market. This article also examines the existing carbon and energy efficiency programs in Singapore to provide a more complete picture of the policies that would complement an emissions trading scheme.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 1 - A New Model Contract Law for E-commerce in Sri Lanka
    • Abstract: Samarajewa, Aruna
      This comment examines the state of electronic commerce in Sri Lanka in general and its laws in particular, especially those that may help or hinder online contracting. It argues that the better option for Sri Lanka in enacting laws in this field would be to adopt an existing model from another jurisdiction, such as the methodology of the Australian law of online contracts.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 1 - International Corporate Governance Developments: The
           Path for China
    • Abstract: Shi, Chenxia
      China's WTO entry in 2001 accelerated its integration with the world economy and exposed Chinese companies to international competition. As globalisation gains momentum, national corporate governance systems come under greater scrutiny. This article discusses three generic corporate governance models and the 2004 OECD Corporate Governance Principles and their possible application to China. To investigate the possibility of China's convergence or divergence from international corporate governance models and principles, it explores the evolution of governance in Chinese listed companies transformed from State-Owned Enterprises (SOEs). The article ultimately argues that China should adopt a pragmatic hybrid approach to corporate governance.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 1 - Shifting Visions of the Social and Legal Order in
           Indonesia: Implications for Legislative Style and Form
    • Abstract: Waddell, Sarah
      This article suggests that since the fall of the New Order government an opportunity may have emerged to question legislative form and style in Indonesia, particularly where it concerns legislation that deals with the activities of government itself. The past few years have witnessed a revival of constitutional human rights, a fading of the concept of the integralistic state and a concurrent retreat from the promotion of the past official interpretation of Pancasila. A debate is now emerging about legal form and linguistic practices, with significant implications for the law-making effort in Indonesia.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 1 - Restitutionary Developments under Part VI, Malaysian
           Contracts
    • Abstract: Cheong, May Fong
      This article aims to show that the concepts of restitution and unjust enrichment exist in Malaysian legal jurisprudence via Part VI of the Malaysian Contracts Act 1950 and, in particular, s 71 which provides for the obligations of a person enjoying the benefit of a nongratuitous act. It will be shown that s 71 bears strong similarity to the principle of unjust enrichment. This article considers whether the courts have aided, or hindered, the development of doctrines of restitution and unjust enrichment. Through the cases surveyed, it is found that the judges of the High Court have shown enthusiasm in applying unjust enrichment to s 71, but the same cannot be said of the highest court in Malaysia. The article concludes by illustrating missed opportunities to develop the law of restitution in Malaysia through a critique of two cases, the first decided by the Supreme Court in 1994, and the second by the Federal Court in 1998.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 7 Issue 1 - Legal Culture, Institutional Design Choices, and the
           Struggle to Implement an Effective Anti-money Laundering Regime in
           Indonesia
    • Abstract: Eddy, Jonathan A
      Observers often attribute problems encountered in transplantation of legal institutions to differences in legal culture. This article argues that attention should first be directed to more prosaic matters: the consequences attendant u on early decisions of institutional design; the degree of thoroughness with which new institutions and rules are integrated with existing institutions and law; the extent to which resources are devoted in a manner consistent with the new institutions; and simple institutional self-interest. Indonesia's experience with development of an anti-money laundering regime suggests that legal transplantation has much in common with any legal reform. Legal culture often functions as a residual category, denominating what cannot be, or has not been, more precisely explained. To give the concept greater primacy may cut short useful investigation and analysis.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 3 - Some Trends in the Development of Space Law in Hong
           Kong
    • Abstract: Zhao, Yun
      Space exploration has become a heated international issue. States regard the ability to exploit outer space as one of the factors by which their national power is evaluated. Hong Kong seeks to participate in this new frontier. This paper provides an overview of current space policy and programs in Hong Kong. The regulation of space activities, which includes the licensing regime and liberalisation process, deserves a complete examination, but two aspects - satellite launching activities and telecommunications services - have been singled out for special attention in this article.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 3 - Chinese Rules for Trade Barriers Investigation: A
           Comparative Analysis
    • Abstract: Cheng, Weidong
      Trade barrier investigation is an important mechanism to counteract unfair foreign trade measures. The Provisional Rules on Investigating Barriers to Foreign Trade have established substantive and procedural rules for trade barrier investigation in China. However, these rules lack a legislative basis and are, in any case, deficient in many respects. This article analyses these shortcomings, considers comparative systems and suggests ways to improve the existing mechanism.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 3 - Learning from China's Experience for the Reform of
           North Korean Central Banking
    • Abstract: Lee, Dongwook
      From the time that Kim Jong Il visited the Shanghai Stock Exchange in January 2001, North Korea has showed signs of reforming its economic policy. This article proceeds on the assumption that North Korea needs banking reform to accelerate its economic reform. The article considers what role a central bank would play in a socialist economy like that of North Korea; analyses whether the Chinese central bank is the proper model for North Korea in its early stage of economic reform; and examines what lessons North Korean central bankers and policy makers can learn from the experiences of China and the Chinese central bank.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 3 - The Great Divide - Considering Section 157A of the
           Singapore Companies Act
    • Abstract: Koh, Pearlie
      The manner in which the powers of a company are carved out to be exercised by either the general meeting of shareholders or its board of directors is often a matter of interpretation of the constitution of the company. This approach retains a fair amount of flexibility in the differing models of power allocation that may be adopted by incorporators, but once carved out, the power allocation usually remains sacrosanct until such time as the constitution is validly altered. This was the position in Singapore before 2003. In 2003, the Companies Act of Singapore was amended to include s 157A, a section which appears to statutorily allocate the powers in a company. This article queries whether this was intended and, if so, what the consequences might be.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 3 - Ideology or Reality': Limited Judicial Independence
           in Contemporary Rural China
    • Abstract: He, Xin
      This article challenges the popular view that judicial independence will be achieved in China if the judiciary can become more financially independent. Instead, it argues that contentious state-peasant relations have been a primary cause of limits upon judicial independence in rural China. Due to the nature of these relations, which arise because the expansion of state bureaucratic institutions has not been accompanied by adequate financial resources, it has become imperative for the judiciary and the executive to co-operate with each other in the interest of social control. This is exemplified by administrative litigation over excessive levies imposed by local governments. In such circumstances, the judiciary has to strike a balance between the law and the need of local government for social stability. So long as contentious state-peasant relations persist, it is unrealistic to expect the situation of limited judicial independence to be greatly improved, no matter what ideology is held by the Chinese leadership.

      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 2 - Realpolitik and Renewal in Asian Governance: The Role
           of Constitutional Courts [Book Review]
    • Abstract: Fenwick, Stewart
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
  • Volume 6 Issue 2 - Comparative Legal Studies: Traditions and Transitions
           [Book Review]
    • Abstract: Nicholson, Pip
      PubDate: Tue, 21 Sep 2010 09:06:14 GMT
       
 
 
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