Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China’s cooperation with its south Asian neighbors.
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China and the Third Pole
Judicial Lawmaking and the Influence of Comparative Law
Edited by John O. Haley and Toshiko Takenaka
Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.
Edited by Rosalind Dixon and Tom Ginsburg
Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.
Edited by Toshiko Takenaka
Drawing together the views and experiences of scholars and lawyers from the United States, Europe and Asia, this book examines how different characteristics embedded in national IP systems stem from differences in the fundamental legal principles of the two traditions. It questions whether these elements are destined to remain diverged, and tries to identify common ground that might facilitate a form of harmonization.
Guan H. Tang
Guan Hong Tang expertly highlights how the multidimensional concept of public interest has influenced the development and limitations of Chinese copyright. Since 1990 China has awarded copyright – individual rights – but also provides for public, non-criminal enforcement. The author reveals that pressures of development, globalisation and participation in a world economy have hastened the loss of public interest from copyright. However, for a socialist country, placing the common ahead of the individual interest, the public interest also constitutes a phenomenological tool with which to limit copyright. The author also discusses how the rise of the Internet, which has had a major social and economic impact on China, raises problems for Chinese copyright law. Comparing Chinese copyright law with the USA and the UK, topical issues are presented in this unique book including those arising within education, library and archives sectors.