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Private International Law in East Asia: From Imitation to Innovation and Exportation: Studies in Private International Law - Asia

Editat de Olivier Gaillard, Krista Nadakavukaren Schefer
en Limba Engleză Hardback – 7 feb 2024
This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan.Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law.The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law.Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
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Specificații

ISBN-13: 9781509970100
ISBN-10: 150997010X
Pagini: 216
Dimensiuni: 169 x 244 x 19 mm
Greutate: 0.55 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in Private International Law - Asia

Locul publicării:London, United Kingdom

Caracteristici

Detailed analysis of individual rules on jurisdiction and family/inheritance law by specialists familiar with both East Asian legal systems and Western legal thought

Notă biografică

Olivier Gaillard is Legal Adviser and Krista Nadakavukaren Schefer is Vice Director, both at the Swiss Institute of Comparative Law, Switzerland.

Cuprins

1. Introduction, Olivier Gaillard (Swiss Institute of Comparative Law, Switzerland) and Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law, Switzerland) Part One: Introduction to East Asian Legal Systems 2. Legal System in China, Harro von Senger (University of Zürich, University of Freiburg, and Swiss Institute of Comparative Law, Switzerland)3. Legal System in Japan, Béatrice Jaluzot (Institut d'Asie orientale, France) 4. Influence of Japanese Law on Korean Law, Marie Kim (St Cloud State University, USA) Part Two: New Developments in Private International Law in East Asia 5. New Developments of Private International Law in China, Jin Huang (China University of Political Science and Law, China)6. New Developments of Private International Law in Japan, Yuko Nishitani (Kyoto University, Japan)7. The 1965 Basic Treaty: Obstacle to "Normal" Relations Between South-Korea and Japan?, Samuel Guex (University of Geneva, Switzerland) Part Three: Courts, Rules and Agreements 8. China's International Commercial Court: Background, Innovation and Challenges, Xiangshun Ding (Renmin University, China)9. Choice-of-Court Agreements in Japanese Conflict of Laws, Dai Yokomizo (Nagoya University, Japan) Part Four: Family and Inheritance Law 10. New developments in Family Law in East Asia, Geraldine Goh Escolar (Hague Conference on Private International Law) 11. New Development of Chinese PIL in the Area of International Family Law, Weizuo Chen (Tsinghua University, China)12. Some Issues of International Family Law in Japan, Mari Nagata (Osaka University, Japan)13. The Applicable Law in Succession Matters in China, Japan and South Korea: Three Different Approaches, Olivier Gaillard (Swiss Institute for Comparative Law, Switzerland) 14. Conclusion, Olivier Gaillard (Swiss Institute of Comparative Law, Switzerland) and Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law, Switzerland)