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Korean divorce law still adheres to fault-based divorce. According to a majority of the Supreme Court, the main reason for not admitting a no-fault policy is that the preconditions for systems for financially protecting the spouse and children after divorce have not yet been satisfied in Korea. However, there is not much time left, so we must use this golden time for preparing protective measures for divorced women and their children, through legislative efforts. Re-conceptualizing pension entitlements as the object of property division through Court rulings and legislation deserves to be highly evaluated. It is also noteworthy that a belated but wise establishment of the state agency to enforce child support obligations and its soft landing may be seen.
Divorce --- Marriage --- Broken homes --- Divorced people --- Law and legislation --- K9582 --- K9325.10 --- Korea: Law and jurisprudence -- specific topics --- Korea: Communities, social classes and groups -- family -- marriage and divorce --- E-books
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Examining developments in the first decade of the twenty-first century, this authoritative collection of essays studies the evolving practice of constitutional law and constitutionalism in Asia. It provides a comprehensive overview of the diverse constitutional issues and developments in sixteen East, Southeast and South Asian countries. It also discusses the types of constitutionalism that exist and the general trends in constitutional developments whilst offering comparative, historical and analytical perspectives on Asian constitutionalism. Written by leading scholars in the field, this book will be of great interest to students and scholars alike.
J4720 --- J4600.80 --- K9513 --- K9513.90 --- K9582 --- K9582.90 --- S08/0450 --- S26/0680 --- S27/0680 --- Japan: Law and jurisprudence -- constitutional law --- Japan: Politics and law -- history -- Gendai (1926- ), Shōwa period, 20th century --- Korea: Politics -- state -- constitution --- Korea: Politics -- state -- constitution -- North Korea --- Korea: Law and jurisprudence -- specific topics --- Korea: Law and jurisprudence -- specific topics -- North Korea --- China: Law and legislation--Constitution(al law): since 1949 --- Taiwan--Law and legislation, incl. human rights --- Hong Kong--Law and legislation --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- Myanmar --- Corée du Sud --- Corée du Nord --- Vietnam --- Chine --- Indonésie --- Thaïlande --- Japon --- Népal --- Singapour --- Philippines --- Taiwan --- Hong Kong --- Cambodge --- Malaisie --- Inde
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Less noticed in the West than wars, terrorism and economic trends has been the historic development since World War II of constitutional government and law in Asia. Lawrence W. Beer has been a close observer of Asian linkages among law, politics, culture, and national security issues for over fifty years. His perspectives have been refined during long residence in Asia, especially Japan, by substantial friendly interactions with Asian legal scholars, judges and attorneys involved in the world of human rights constitutional law. This volume, which will be widely welcomed by students and researchers, brings together a selection of Beer’s many works previously published in diverse venue, but no longer easily accessible. The collection opens with a review of constitutionalism in Asia and the United States and concludes with a recent examination of Japan’s rejection of war: ‘Japan’s Constitutional Discourse and Performance’. By way of Afterword, the author offers an in-depth review of ‘Globalization of Human Rights in the 21st Century’.
Constitutional law --- Human rights --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Interpretation and construction --- J4720 --- J4749 --- J4128 --- K9582 --- K9310.24 --- Japan: Law and jurisprudence -- constitutional law --- Japan: Law and jurisprudence -- civil law -- human rights --- Japan: Sociology and anthropology -- human and civil rights, freedom of speech --- Korea: Law and jurisprudence -- specific topics --- Korea: Society, social psychology and social-anthropological phenomena (South) Korea -- human rights, freedom of speech
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This book brings together foreign investment and investment arbitration in Asia, the fastest growing economic region in the world. It provides a critical analysis of foreign investment, its benefits and the legal regimes of the jurisdictions studied at a time when investor-state disputes are on the rise and investment arbitration is under growing scrutiny. Governments are under greater pressure to balance the promotion of investment with public policy development and interests and calls for a permanent court for investment arbitration are getting louder. To assess future possibilities, this book takes stock of, brings together and analyses the legal regimes on foreign investment in 12 major Asian jurisdictions, namely China, Hong-Kong, India, Indonesia, Japan, South Korea, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam. These constitute paradigmatic examples of what is happening in the legal framework of Asian foreign investment and the impact that the current system of investment arbitration has in all of them. The analysis shows the existence of changing positions and degrees of openness towards foreign investment in the region, as well as a distinct level of exposure to and involvement in investment arbitration. Predictably, their situation will change in the near future, at least in relation to investment arbitration. Proposals for reform have already been made and international institutions are working on the development of an alternative to the proceedings of investment arbitration as it is currently constructed and understood. Consequently, the last two chapters of this book are devoted to the analysis of these developments that will most probably affect the existing situation in the region.
Internationale financiën --- Vreedzame regeling internationale geschillen --- Economisch recht --- Azië --- Investissements étrangers --- Arbitrage (droit) --- Arbitrage commercial international --- Droit --- J4540 --- J4414 --- J4750 --- Japan: Economy and industry -- commerce and trade -- international trade, economic relations and policy --- Japan: Economy and industry -- industrial organization and relations -- mergers and acquisitions, industrial finance --- Japan: Law and jurisprudence -- commercial law --- International finance --- Peaceful settlement of international disputes --- Economic law --- Asia --- Investments [Foreign ] --- International centre for settlement of investment disputes --- Investments, Foreign (International law) --- Arbitration (International law) --- K9460 --- K9410 --- K9582 --- Korea: International trade and economic relations (South) Korea -- world and transregional --- Korea: Economy and industry -- organization and systems --- Korea: Law and jurisprudence -- specific topics --- Investments --- Investissements --- Investissements étrangers (Droit international) --- Arbitrage international --- Investments, Foreign --- Arbitration agreements, Commercial --- Arbitration clauses, Commercial --- Commercial arbitration agreements --- Compromise (Arbitration agreement) --- Submission (Arbitration agreement) --- Arbitration and award --- Law and legislation
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