Legal innovations in Asia : judicial lawmaking and the influence of comparative law / edited by John O. Haley, Toshiko Takenaka.

Format:

Book

Contributor:

Haley, John O., editor.

Takenaka, Toshiko, editor.

University of Washington. Asian Law Center.

Series:

Studies in comparative law and legal culture.

Studies in Comparative Law and Legal Culture

Language:

English

Subjects (All):

Law--Asia.

Law.

Comparative law--Asia.

Comparative law.

University of Washington. Asian Law Center.

University of Washington.

Physical Description:

1 online resource (390 p.)

Place of Publication:

Cheltenham, [England] ; Northampton, Massachusetts : Edward Elgar, 2014.

Language Note:

English

Summary:

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.

Contents:

Cover; Copyright; Contents; Contributors; Foreword; Introduction; PART I Asian Law Center: The first half century; 1.1 The first decades, 1961-2000; 1.2 Navigating law's "Asian Century"; 1.3 The Asian Law Center: An evolution; PART II The role of comparative law in legal innovations; 2.1 Comparison of law, transfer of legal concepts, and creation of a legal design: The case of Japan; PART III Role of courts in Japan and legal innovations: Japan, China, and Islamic Asia; 3.1 Judicial lawmaking and the creation of legal norms in Japan: A dialogue

3.2 The Supreme Court of Japan and online pharmacies3.3 Civil procedure and anti-modern myths in the "Harmonious Society": China and pre-war Japan compared; 3.4 Judicial activism in China; 3.5 The role of courts in "making" Islamic law: South and Southeast Asia; 3.6 Limitations on the termination of fixed-term employment contracts: Judicially created rules and their codification in Japanese law; 3.7 Goddess of justice without a blindfold: How do Japanese judges treat pro se litigants?; PART IV Legal transplants and the influence of Japanese law in Asia

4.1 The influence of Japanese law on Taiwan law4.2 Corporate law and corporate law scholarship in Korea: A comparative essay; 4.3 Judicial innovation in Chinese corporate law; 4.4 The influence of US and Japanese laws upon Indonesian law; PART V Legal innovations in intellectual property; 5.1 A change of leadership in patent policy and law development? The active role played by Japanese courts in Japan's patent term extension reform; 5.2 Ethics rather than rights: Reconsidering "transmit rather than create" - Toward a new understanding of Korea's intellectual property rights tradition

5.3 What are the challenges awaiting the Thai government if the Bayh-Dole Act is adopted in Thailand?5.4 Public health and pharmaceutical patent protection in Indonesia: The implementation of the TRIPS safeguards and other strategies to increase access to essential medicines; Index

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78347-279-0