基本説明
New in paperback. Hardcover was published in 2010. Examines the numerous new courts created throughout Asia during the last 20 years, covering important jurisdictions including human rights intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law, labour and industrial disputes.
Full Description
This book discusses court-oriented legal reforms across Asia with a focus on the creation of 'new courts' over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The 'new courts' under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes.
The justification of the trend to 'judicialize' disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution.
Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including:
Why has the 'new-court model' been adopted, and why do international development agencies and nation-states tend to favour it?
What difficulties have the new courts encountered?
How have the new courts performed?
What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems?
Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
Contents
1. New Courts in the Asia-Pacific Region: Law, Development and Judicialization PART I: Introducing Economic Courts in Asia 2. Legitimacy and the Vietnamese Economic Courts 3. Reading the Tea Leaves in the Indonesian Commercial Court: A Cautionary Tale, But for Whom? PART II: Introducing Intellectual Property Courts in Asia 4. The Intellectual Property High Court of Japan 5. Specialized Intellectual Property Courts in the People's Republic of China: Myth or Reality? PART III: Constructing Constitutional Courts 6. A Turbulent Innovation: the Constitutional Court of Thailand, 1998-2006 7. The Constitutional Court and the Judicialization of Korean Politics 8. Institutional Choice and The New Indonesian Constitutional Court 9. The Indonesian Human Rights Court PART IV: Assembling Administrative Courts 10. 'Shopping Forums': Indonesia's Administrative Courts 11. The Genealogy of the Administrative Courts and the Consolidation of Administrative Justice in Thailand 12. Compromising Courts and Harmonizing Ideologies: Mediation in the Administrative Chambers of the People's Courts of the People's Republic of China PART V: Analysing Anti-Graft Courts 13. The Politics of Indonesia's Anti-Corruption Court 14. The Philippines' Sandiganbayan: Anti-Graft Courts and the Illusion of Self-Contained Anti-Corruption Regimes PART VI: Setting up Special Courts 15. Malaysian Royalty and the Special Court 16. Informed by Ideology: A Review of the Court Reforms in Brunei Darussalam 17. Courts in Xinjiang: Institutional Capacity in China's Periphery Part VII: Juries, Regulation and Renovation in Japanese Courts 18. Japan's New Criminal Trials: Origins, Operations and Implications 19. Dollars to Donuts: Japanese Courts and Corporate Accountability Index
