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Legal Responses to Vacant Houses: An International Comparison (SpringerBriefs in Economics)
by Narufumi Kadomatsu James J. Kelly Jr. Romain Melot Arne PilniokThis book presents an international comparison of legal responses to the issue of vacant housing in Japan, the USA, France and Germany. While vacant housing is a shared problem in these four countries, the origin and context of the problem, as well as the focus of legal responses, differ considerably. Presenting the outcomes of an international symposium, this book explores different legal approaches (private/public law, federal/national/municipal governments, demolition/expropriation/requisition/planning) taken in the respective jurisdictions. It is highly recommended to readers whose work involves practical issues concerning vacant housing and who are interested in theoretical aspects of property law, building law and administrative law. The book also includes a chapter exploring the implications of the “tragedy of the commons/anticommons” for contemporary land use issues in Japan such as landscape protection, area management and unclaimed land.
The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law
by Bridget Lewis Kelly Purser Kirsty MackieThis book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
Legal Aspects of Privately Financed Infrastructure Projects (PFIPs) in China: The Case for International Standards
by Shuang LiangThis book discusses the reform and improvement of Chinese legislation on Privately Financed Infrastructure Projects (PFIPs), the goal being to help its implementation in China satisfy international standards. In this regard, current Chinese laws are found to be insufficient when it comes to reducing risks to PFIPs, due to certain shortcomings. Therefore, the corresponding legislation must be reformed and improved.The Legislative Guide and Model Provisions drafted by UNCITRAL are discussed as the international standards that can effectively guide this reform; other countries’ laws on PFIPs provide supplementary reference material.Given the rapid rise in the use of PFIPs in China, this book offers a strong theoretical basis for improving Chinese legislation. It also provides general suggestions that can be applied to the reform of laws on PFIPs in any country.
Role of Domestic Courts in the Settlement of Investor-State Disputes: The Indian Scenario
by A. Saravanan S.R. SubramanianThis book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few.Excerpt from the Foreword:“One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like…”- George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA
Global Perspectives on Legal Challenges Posed by Ridesharing Companies: A Case Study of Uber
by Zeynep Ayata Işık ÖnayThis book examines how regulators and policymakers from nine different countries have dealt with Uber, and initiates a legal dialogue between different jurisdictions that could potentially pave the way to a harmonized approach in regulating Uber. The case studies, conducted in Brazil, Germany, Italy, Mexico, Spain, South Africa, Turkey, the UK and the US reveal the case law and regulatory responses that have been adopted in various areas of law. Legal issues relevant to Uber include market regulation, labor law, civil liability, consumer protection, unfair competition and antitrust law. The book thus compares and contrasts the regulatory policy implications of the disruptive innovation created by Uber in the area of transport services. The book starts with a conceptual overview of the legal challenges posed by Uber and concludes with comparative findings based on the individual case studies. In addition to introducing academics and legal practitioners to the theoretical and practical legal problems they may encounter in connection with Uber, the book will especially appeal to policymakers, who can benefit from and compare the experiences of other jurisdictions.
Payment Methods and Finance for International Trade
by Sang Man KimThis book explains various methods of payment in international trade and trade finance schemes for international trade. It also presents an overview of the concepts, purposes, features, and risks of international trade.A grasp of the features and risks of international trade facilitates a better understanding of the numerous methods of payment in international trade and the relevant trade finance schemes, which is essential to success in international trade transactions.In order to complete an international trade transaction, depending on the terms, both parties need access to funds. Compared with large companies, small and medium-sized enterprises (SMEs), frequently face difficulties in raising capital or funds, but financing an international trade transaction is often the key to its successful completion. As such, selecting an appropriate financing mechanism from the various options available is vital.This book offers a systematic overview of international trade and payment together with trade finance, providing instructive examples and illustrations of trade documents, each method of payment, and trade finance including export credit insurance or guarantee.
Approaching Business Models from an Economic Perspective II
by Wei Wei Wuxiang Zhu Guiping LinThis book breaks the boundaries of the single enterprise, proposing the symbiotic business model, and discussing business model design engineering as well as other new concepts, methods and ideas. Business models are not only dependent on business intuition, but also on systematic design and continuous upgrade. This book presents qualitative methods, such as the theory and principles of business model design; quantitative methods, for example the business-model based "Accounting Method"; and the "Financial Analysis Method," based on the business ecosystem. These methods help entrepreneurs and managers design better business models to further develop enterprises and make them more successful.
Donald Davidson on Action, Mind and Value (Logic in Asia: Studia Logica Library)
by Syraya Chin-Mu Yang Robert H. MyersThis book brings together a wide range of innovative reflections on the pivotal role that Davidson’s concept of agency plays in his later philosophy and its impact on his epistemology, his philosophy of language and mind, and his philosophy of values. The authors critically assess central elements of Davidson’s program and offer reappraisals of his seminal contributions to, and his continuing influence on, the development of contemporary philosophy. By focusing on agency, the book reveals Davidson’s views to have been more dynamic and less reductive than previously acknowledged – pointing toward important new possibilities not only in the theory of knowledge, but also in the philosophy of mind.It is a valuable resource both for experts on Davidson’s philosophy and for those interested in central topics in the theory of action, the philosophy of mind and language, epistemology, moral philosophy, and the philosophy of values. It is also of interest to researchers in adjoining disciplines, such as cognitive science, linguistics, and psychology.
Business and Human Rights in Asia: Duty of the State to Protect
by James Gomez Robin RamcharanThis book examines the State’s duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic’s impact on BHR in Asia and beyond. This book is part of Asia Centre’s exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia.
Sustainable Bioeconomy: Pathways to Sustainable Development Goals
by V. Venkatramanan Shachi Shah Ram PrasadSustainable development is the most important challenge facing humanity in the 21st century. The global economic growth in the recent past has indeed exhibited marked progress in many countries. Nevertheless, the issues of income disparity, poverty, gender gaps, and malnutrition are not uncommon in the global landscape, in spite of the upward growth of the economy and technological advances. This grim picture is further exacerbated by our growing human population, unmindful resource use, ever-increasing consumption trends, and changing climate. In order to protect humanity and preserve the planet, the United Nations issued the “2030 agenda for sustainable development,” which includes but is not limited to sustainable production and consumption practices, e.g. in a sustainable bioeconomy. The hallmark of the sustainable bioeconomy is a paradigm shift from a fossil-fuel-based economy to a biological-based one, which is driven by the virtues of sustainability, efficient utilization of resources, and “circular economy.” As the sustainable bioeconomy is based on the efficient utilization of biological resources and societal transformations, it holds the immense potential to achieve the UN’s Sustainable Development Goals. This book shares valuable insights into the linkages between the sustainable bioeconomy and Sustainable Development Goals, making it an essential read for policymakers, researchers and students of environmental studies.
Strategies of Financial Regulation: Divergent Approaches in Conduct of Business Regulation of Mis-Selling in the UK and South Korea
by Junghoon KimThis book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.
Corporate Governance of Chinese Multinational Corporations: Case Studies
by Runhui Lin Jean Jinghan Chen Li XieThis book is the first to explore the issue of corporate governance in China's new corporations. With rapid development over the last two decades, China has seen compelling achievements in overseas investment. Specifically, an increasing number of Chinese companies have been “going out” to become multinational enterprises. From the practical view, corporate governance issues have been identified in the literature as one of the most important factors in determining whether these Chinese multinational enterprises succeed or not. However, existing literature provides little investigation and understanding about corporate governance of Chinese multinational enterprises. This book fills that gap and will be of value to corporate executives, scholars of China's economy, and journalists.
Self-restoration of People Living with HIV/AIDS in China
by Rongting HouThis book adopts an approach based on relational psychoanalysis, developed in the USA in and since the 1990s and guided by the self-psychology championed by Kohut and the Post-Kohutians. How people infected with HIV/AIDS live their lives is a growing concern in China. The book, based on relational psychoanalysis, explores their self-restoration, and more specifically, how adopting an attitude of “dying to live” helps them face tremendous challenges in life. By interviewing selected individuals at a given organization, the author focuses on their life experiences and on corresponding interventional mechanisms. The book’s three most important features are as follows: 1) its application of self-psychology by Heinz Kohut into the context of psychological intervention; 2) a wealth of qualitative data gathered through in-depth interviews; and 3) the author’s self-reflection and analysis. The book offers a valuable guide for graduate students, researchers, and policymakers alike.By interviewing selected individuals at a given organization, the book focuses on the life histories of selected individuals after being diagnosed with AIDS (screening HIV positive) and on corresponding interventional mechanisms. Further, itemploys the self and self-object as key explanatory terms for the necessary psychotherapeutic interventions,and in order to create guidelines that sufficiently reflect the illness and corresponding interventions. Given its scope and focus, the book offers a valuable guide for graduate students, researchers, and policymakers alike.
The Healthcare Community and Australian Immigration Detention: The Case for Non-Violent Resistance
by Ryan EssexAustralia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different ‘types’ of action in detail; strike action, whistleblowing and principles disobedience.
The Nanjing Massacre and Sino-Japanese Relations: Examining the Japanese 'Illusion' School
by Zhaoqi ChengBased on extensive research on the International Military Tribunal for the Far East, this book closely examines the claims and controversy surrounding the ‘Nanjing Massacre’, a period of murder in 1937-1938 committed by Japanese troops against the residents of Nanjing (Nanking), after the capture of the then capital of the Republic of China, during the Second Sino-Japanese War. Focusing on weighing up arguments denying Nanjing Massacre, this book considers the Japanese ‘Illusion’ school of thought which contests the truth of the Nanjing Massacre claims, including the death toll and the scale of the violence. The Nanjing Massacre remains a controversial issue in Sino-Japanese relations, despite the normalization of bilateral relations, and this book goes to great lengths to examine the events through comparative narratives, investigating different perspectives and contributings to the debate from the extensive research of the Tokyo Trial Research Centre at Shanghai, as well as volumes of Chinese and Japanese historical documents.
Reform and Development of Powers and Functions of China's Criminal Proceedings
by Weidong ChenThis book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.
Broadening Cultural Horizons in Social Marketing: Comparing Case Studies from Asia-Pacific
by Rachel Hay Lynne Eagle Abhishek BhatiThis book presents a series of empirically based case studies conducted by social change scholars from Asia-Pacific, showcasing the latest social marketing approaches geared at improving societal well-being in the region. Cutting across cultural perspectives, the contents gather ideas on social marketing campaigns and strategies from around the region and use these case studies as a platform to address concomitant challenges in employing marketing tools to positively change social behaviour. The selection of case studies covers and compares aspects of public health and well-being, and public environmental consciousness in terms of driving attitudes towards implementing improved sustainability in developing and developed countries. Drawing on related policies and legislation, and examining social behaviour at the individual, community, and organisational levels, the authors propose innovative new methods in social marketing and social change research. The book is of interest to researchers and practitioners in social marketing, business ethics, behavioural science, public health, and development studies.
Reforming State-Owned Enterprises in Asia: Challenges and Solutions (ADB Institute Series on Development Economics)
by Farhad Taghizadeh-Hesary Naoyuki Yoshino Chul Ju Kim Kunmin KimThis book analyzes state-owned enterprises (SOEs), which are still significant players in many Asian economies. They provide essential public services, build and operate key infrastructure, and are often reservoirs of public employment. Their characteristics and inherent competitive advantages as publicly owned enterprises allow them to play these critical roles. Their weaknesses in governance and inefficiencies in incentive structures, however, also often lead to poor performance. SOEs must be efficient, transparent, and accountable to level the playing field for private companies, secure the growth of a vibrant private sector, and achieve sustained and inclusive economic growth. This book analyzes the reform of SOEs in Asia, the results of which are mixed. The volume concludes that some key conditions generally need to be met for SOE reforms to be successful: national bureaucracies must have the capacity to implement the reforms, and adverse impacts on international trade and investment must be avoided.
Disputes Resolution in Urban Communities in Contemporary China
by Jieren HuThis book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes.Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”
Contemporary International Law and China’s Peaceful Development (Modern China and International Economic Law)
by Lingliang ZengThis book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.
Risks and Regulation of New Technologies (Kobe University Monograph Series in Social Science Research)
by Tsuyoshi Matsuda Jonathan Wolff Takashi YanagawaHow should we proceed with advanced research of humanities and social sciences in collaboration? What are the pressing issues of this new trend in a cataclysmic time for civilization? This book, originated with a Japan Society for the Promotion of Science (JSPS) Topic-Setting Program, addresses these challenging questions in four parts for innovating twenty-first-century humanities and social sciences. It broadens the horizon for reviewing multi-disciplinary landscapes of risks and regulation of new technologies by focusing on paradigmatic cases from the fields of life and environment. Here, genome editing for reproductive treatment and renewable energy under the constraint of climate change in Japanese and global contexts are involved. The volume comprises a combination of topics and aspects such as public policy and philosophy of science, medicine and law, climate ethics, and the economics of electricity. This edited collection will thus motivate forward-thinking readers across the diverse spectrum of social sciences and humanities to survey themes of their own interests in multi-disciplinary studies. In so doing, they can explore the evolving frontiers of those disciplines and the depths of individual contributions by experts in philosophy, ethics, law, economics, and science, technology, and society (STS), including bioscience.
General Principles of Thai Criminal Law
by Alessandro StasiThis book is centered around the major issues relating to criminal law in Thailand and aims to offer a detailed and systematic overview of the Thai criminal justice system. It is designed as a traditional textbook of criminal law which provides a succinct focused coverage of all the relevant aspects of laws, judgments, and legal reforms in a concise and readable form. Although all topics have been previously treated in the Thai language, this is the first and most comprehensive work in the English language about Thai criminal law. The book covers not only the legal system, starting from the Penal Code of 1908 and emphasizing the substantial changes that have been introduced in the past decades, but also the deep influence of doctrine and case law. It is built up in several layers, starting from the general rule, to gradually examine the more specific ones. The book begins with the elementary legal concepts to be learned by the reader, by defining the fundamental principles underlying the Thai criminal system and outlining its objectives. It then extensively describes the main offences under the Thai Penal Code and classifies those breaches of law which are crimes from those which are merely illegal without being criminal.
Legal Study on China’s Sovereignty over the Nansha Islands
by Cuibai Yang Qianwen ZhangThis book analyzes and discusses the sovereignty of the Nansha Islands, combining legal and historical perspectives, traditional international law theories, and empirical studies based on an extensive body of historical maps from around the globe to do so. Ultimately, the book argues that China has sovereignty over the Nansha Islands and the surrounding waters, either on the basis of historical claims or modern realities.In recent years, the Nansha disputes have attracted considerable attention. Far from being resolved, they have instead become even more heated. The only reasonable way to solve the problem, as argued here, is on the basis of relevant history and legislation. Addressing this highly topical issue, the book also provides an English-speaking audience with access to essential content on the sovereignty, history, and legislation concerning the Nansha Islands.
The New Horizon of China's Economic Law Theory (Understanding China)
by Shouwen ZhangThis book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed – i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises – any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.
Frontiers of Real Estate Science in Japan (New Frontiers in Regional Science: Asian Perspectives #29)
by Yoshiro Higano Yasushi Asami Hideo FukuiThis open access book presents recent research and hot topics in the field of real estate science in Japan. It features carefully selected English translations of peer-reviewed papers and excellent articles published in the Japanese Journal of Real Estate Sciences, as well as papers presented at the Japan Association of Real Estate Sciences (JARES) annual conference. The topics covered include market analyses of vacant houses, policies for reuse of vacant houses, property tax policy, issues of land for which the owners are unknown, disaster and real estate values, the siting optimization plan and its influence on real estate, big data and ICT technology for the real estate business, and public real estate management.Real estate science in Japan has developed in step with international research in the fields of law and economics, regional science, civil engineering, environmental science, architectonics, and related areas. At the same time, it has evolved into a unique discipline that focuses on policy-oriented practical science with arguments for the reform of outdated laws, regulations, and traditional customs. Asian countries are currently growing rapidly and are catching up with developing countries. The lessons learned and know-how accumulated by JARES is helpful for practitioners and policymakers not only in Japan, but also in other Asian countries.