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Private International Law: South Asian States’ Practice (Routledge Research in International Law)

This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.

VAT and Financial Services: Comparative Law and Economic Perspectives

This book explains the theoretical and policy issues associated with the taxation of financial services and includes a jurisdictional overview that illustrates alternative policy choices and the legal consequences of those choices . The book addresses the question: how can financial services in an increasingly globalized market best be taxed through VAT while avoiding economic distortions? It supports the discussion of the key practical problems that have arisen from the particular complexity of the application of VAT to financial services, and allows for the evaluation of best practice by comparing the major current reform models now being implemented.

A Comparative Study of Funding Shareholder Litigation

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.

Satellite Earth Observations and Their Impact on Society and Policy

The result of a workshop bringing together an international advisory board of experts in science, satellite technologies, industry innovations, and public policy, this book addresses the current and future roles of satellite Earth observations in solving large-scale environmental problems. The book showcases the results of engaging distinct communities to enhance our ability to identify emerging problems and to administer international regimes created to solve them. It also reviews the work of the Policy and Earth Observation Innovation Cycle (PEOIC) project, an effort aimed at assessing the impact of satellite observations on environmental policy and to propose a mission going forward that would launch an “innovation cycle”. The achievements of such a mission would feed back to innovations in next-generation observation technology, thus contributing to global policy demand for policy-relevant information.This book is open access under a CC BY license.

Development and Environmental Policy in India: The Last Few Decades (SpringerBriefs in Economics)

This book examines the nuances of the relationship between development and environmental conservation policy in India over the last three decades. While India is taken as the focal point, the study extends to an analysis of global aspects and other developing countries as and when the situation demands. Understanding that development always has to take environmental issues into consideration, the book undertakes critical reviews of the different ways in which this has been done. The review is based on a grasp of the simultaneous developments in the theoretical understanding of the environment and ecosystems and provides pointers towards directions for possible change. The motivation for the book lies in the continuing distance between theoretical knowledge of the role of the environment, in particular the underlying long-term links between human wellbeing and wise use of nature, and its application in public policy. The book also proposes that whichever theoretical cornerstone is taken as the starting point, it is the ethical undertones that drive the analysis in directions that acquire meaning in terms of the quality and legitimacy of decision-making. It explores the relevance to policy of a variety of radical conceptual development and policy directions, such as dematerialising growth, the social metabolism approach and the degrowth movement. Further, the dilemma facing environmental policy continues to be how to simultaneously borrow from developments in and across disciplines while at the same time, and at a more practical level, dealing with a diversity of stakeholders.

Law, State and Inequality in Pakistan: Explaining the Rise of the Judiciary (International Law and the Global South)

Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.

Local Government in Australia: History, Theory and Public Policy

This book offers a general introduction to and analysis of the history, theory and public policy of Australian local government systems. Conceived in an international comparative context and primarily from within the discipline of political studies, it also incorporates elements of economics and public administration. Existing research tends to conceptualise Australian local government as an element of public policy grounded in an 'administrative science' approach. A feature of this approach is that generally normative considerations form only a latent element of the discussions, which is invariably anchored in debates about institutional design rather than the normative defensibility of local government. The book addresses this point by providing an account of the terrain of theoretical debate alongside salient themes in public policy.

Post-2020 Climate Action: Global and Asian Perspectives

This book summarizes assessments of the Paris Agreement to provide an excellent introduction to this research field. The AIM/CGE (Asia-Pacific Integrated Modeling /Computable General Equilibrium) model, which is the core of AIM modeling framework, is used for the assessment. The first part focuses on global issues, presenting both short-term (a few decades) and long-term (century scale) assessments in the context of the Agreement’s ultimate climate goal. It also discusses policy implementation and climate risk.Part 2 is a collection of assessments of individual Asian countries, providing insights into the national situations and detailed analyses. It includes contributions from Asian countries as well as NIES (National Institute for Environmental Studies, Japan) members. The main conclusion is that many countries require changes to their energy systems change and societal transformation in order to meet emissions targets. Part 3 describes in detail the AIM/CGE model, which is used to evaluate the climate and energy policies by simulating the future economic and energy and environmental situation in the Asia-Pacific region. This section can be used as a standard text on CGE modelling in climate change mitigation.

University Social Responsibility and Quality of Life: A Global Survey of Concepts and Experiences (Quality of Life in Asia #8)

This book provides a critical review of the theory and practice of University Social Responsibility. In addition to addressing the nature of and concepts surrounding University Social Responsibility, as well as its ties to areas such as service learning or engaged scholarship, the book also presents effective practices from around the world. Dedicated chapters demonstrate how University Social Responsibility can manifest itself in different types (civic, moral, economic or global responsibility), levels (local, national, regional or international), and formats (partnership, venture or joint project), depending on local contexts and needs. The book also focuses on three areas of work – educating students to take on social responsibility, broadening access to education, and applying knowledge to societal problems – to highlight the potential and viable ways University Social Responsibility can be employed to promote quality of life in society. Offering a unique resource, it is intended to stimulate thinking and expand the repertoire of all educators, administrators, and organizations who wish to incorporate societal needs into their core mission and promote quality of life in different communities around the world.

Corporate Social Responsibility in India: Some Empirical Evidence

This book presents the authors’ recent field experiences of corporate social responsibility (CSR) activities in different regions of India. It also demonstrates how social auditing and stakeholder mapping help analyze the impact that particular individuals or groups may have on the functioning of any company in an area. CSR is a rapidly growing area of research and activity, especially in developing countries like India. An increasing number of companies are realizing their own social responsibility, given that they work within societal networks. As a result, any initiation or expansion activity they carry out in society impacts the communities around them. Given the newness of the field, the work on CSR in India is still in the initial stages. Most importantly, there is a need to highlight issues concerning CSR activities using sound methodologies and scientific data. A database comprising qualitative and quantitative approaches collected by tracking CSR activities is invaluable. Further the scientific data is vital to fully understand CSR, and in turn helps in designing appropriate and effective interventions for improving community members’ quality of life. Accordingly, the stakeholders associated with CSR need to have a sound knowledge of how to conduct studies related to baseline data generation, community needs assessments, community profiling, stakeholder mapping, social impact assessments, monitoring and evaluation, as well as the social auditing of CSR projects and other related issues. This book aptly covers these issues and offers supporting empirical evidences from the field.

Corporate Governance in China: The Structure and Management of Foreign-Invested Enterprises Under Chinese Law (China Law, Tax & Accounting)

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

The Chinese National Spirit: The Core of a Spiritual Home

This book discusses the Chinese nation’s spiritual home in a modern context. It analyzes various aspects of the problem, including background, theory, history, recent advances and solutions, from a global view. In discussing the development of Chinese national spirit, it also refers to western experiences of national culture and national spirit. To build the spiritual home, the traditional culture, values and faith need to be learned, analyzed and adapted to the modern context. Doing so helps to maintain the traditional characteristics while at the same time reinforcing new characteristics. This model can be applied to many countries around the globe. Additionally, the author points out that in the construction of Chinese national spirit it is also important to consider positive elements from different cultures in other nations.

Pesticide Law and Compliance Decision Making: A Case Study of Chinese Farmers

This book investigates pesticide compliance in China in order to provide a more comprehensive understanding of compliance and offers some feasible and adaptable suggestions for enhancing the effectiveness of this compliance. It discusses the weak implementation of Chinese laws and rules and emphasizes the necessity and importance of a compliance perspective in China that focuses on why laws are obeyed or broken. It examines how vegetable farmers’ perceptions of amoral calculation affect their pesticide compliance behavior and analyzes how the legitimacy of law is related to compliance to better explain how all the variables interact to shape compliance. It discusses both qualitative and quantitative methods, and uses a large-N qualitative approach, which allows for systematic analysis and in-depth exploration. This book will help readers to understand compliance in developing China by adopting and developing compliance theories which are broadly developed in the West.

Chinese and Indian Medicine Today: Branding Asia

This book discusses Asian medicine, which puts enormous emphasis on prevention and preservation of health, and examines how, in recent decades, medical schools in Asia have been increasingly shifting toward a curative approach. It offers an ethnographic investigation of the scenarios in China and India and finds that modern students and graduates in these countries perceive Asian medicine to be as important as Western medicine. There is a growing tendency to integrate Asian medicine with Western medical thought in the academic curriculum that has led to a gradual decline of Asian medical thought and practices. At the same time, there has been a massive rise in patent drugs, health products and cosmetics being sold under the brand names of Asian medicine or herbal medicine. Most of these drugs and health products do not follow the classical formulas found in the Asian medical texts. The book analyses these texts and concludes that contemporary Asian medicine rarely follows the classical texts, and in fact uses Asian medicine brands to sell Western health products and practices.With a particular focus on the formal and professional sector of Chinese herbal medicine and Indian ayurvedic medicine in urban areas, this book appeals to a broad readership, including undergraduate students and academics as well as non-experts.Md. Nazrul Islam is an Associate Professor in the General Education Office, United International College, Beijing Normal University-Hong Kong Baptist University. He was a Visiting Associate Professor in the School of Population and Public Health, University of British Columbia (2015-16) during which time he completed this book manuscript.

Footprints of Feist in European Database Directive: A Legal Analysis of IP Law-making in Europe

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

Copyright Law in the Digital World: Challenges and Opportunities

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

Reconceptualizing Confucian Philosophy in the 21st Century

This book comprises 30 chapters representing certain new trends in reconcenptualizing Confucian ideas, ideals, values and ways of thinking by scholars from China and abroad. While divergent in approaches, these chapters are converged on conceptualizing and reconceptualizing Confucianism into something philosophically meaningful and valuable to the people of the 21st century. They are grouped into three parts, and each is dedicated to one of the three major themes this book attempts to address. Part one is mainly on scholarly reviews of Confucian doctrines by which new interpretations will be drawn out. Part two is an assembled attempt to reexamine Confucian concepts, in which critiques of traditional views lead to new perspectives for perennial questions. Part three is focused on reinterpreting Confucian virtues and values, in the hope that a new sense of being moral can be gained through old normative forms.

The Idea of Governance and the Spirit of Chinese Neoliberalism (Governing China in the 21st Century)

This book offers a critical assessment of governance ideas in the context of Chinese neoliberalism. It argues that the Chinese version of governance has emerged as an important discursive practice in the articulation of the neoliberal spirit of the national reform agenda. The book first examines the institutional and intellectual background of governance ideas, capturing the key features of neoliberalization in transitional China. The main body of investigation is an interpretive analysis of governance in terms of its normative principles and technical skills, which effectively package the mature neoliberal vision and reality so that it indicates the dominant ruling structure of Chinese neoliberalism. The subsequent analysis presents a genealogical review of governance discourse and traces its adaptation to local neoliberal experiments. The book concludes with reflections on possible ways of critical engagement with governance ideas and with the intellectual aspects of neoliberalism.

International Human Rights of Children (International Human Rights Ser.)

Land Policies in India: Promises, Practices and Challenges (India Studies in Business and Economics)

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.

Life and Death Decisions in the Clinical Setting: Moral decision making through dialogic consensus (SpringerBriefs in Ethics)

This book moves away from the frameworks that have traditionally guided ethical decision-making in the Western clinical setting, towards an inclusive, non-coercive and, reflective dialogic approach to moral decision-making. Inspired in part by Jürgen Habermas’s discourse theory of morality and principles of communicative action, the book offers a proportionist approach as a way of balancing out the wisdom in traditional frameworks, set in the actual reality of the clinical situation at hand. Putting this approach into practice requires having a conversation, a dialogue or a discourse, with collaboration amongst all the stakeholders. The aim of the dialogue is to reach consensus in the decision, via mutual understanding of the values held by the patient and others whom they see as significant. This book aims to underscore the moral philosophical foundations for having a meaningful conversation. Life and Death Decision in the Clinical Setting is especially relevant in our contemporary era, characterised medically by an ever-increasing armamentarium of life-sustaining technology, but also by increasing multiculturalism, a multiplicity of faiths, and increasing value pluralism.

Non-discrimination and Trade in Services: The Role of Tax Treaties

This book argues that the proliferation of global trade and the increasing power of free trade arrangements leave income taxes as one of the few remaining measures that can potentially be used for protectionist purposes. It analyzes the interaction between the non-discrimination principles in tax treaties and trade-related agreements including multilateral (WTO), regional (NAFTA, AANZTA) and bilateral free trade agreements. The absence of a non-discrimination obligation with respect to tax measures that apply to non-resident service providers and to non-resident services may, therefore, significantly undermine trade obligations. The book clearly reveals how these tax barriers to trade may unfairly or unnecessarily restrict trade in services, and puts forward a new, more effective non-discrimination obligation in tax matters to be included in tax treaties, one that would more closely parallel the non-discrimination obligations in trade agreements. The book examines the concept of non-discrimination in tax matters from several perspectives, specifically a North American and Australian perspective, as well as a perspective based on EU (and UK) law, focusing on the interaction between these legal systems, bilateral tax treaties, regional trade agreements and, where relevant, the General Agreement on Trade in Services (GATS). The book explores the possibility of a reciprocal influence between tax treaties and trade agreements, and poses the question as to whether tax treaties might do more in providing a non-discrimination principle in the cross-border trade in services.

Sustainability and Social Responsibility: Regulation and Reporting (Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application)

This book addresses key issues related to the choice between governments regulating and enforcing society’s sustainability and social responsibility objectives, and firms reporting on their sustainable and socially responsible activities so stakeholders can exert pressure on firms to achieve society’s goals. While these may be considered as the two endpoints of a continuum, it is clear that there are differing perspectives on the role of governments in sustainability and responsibility. At one end of this continuum are stakeholders who believe the only way to achieve a sustainable and socially conscious society is to establish and enforce regulations with the concomitant governmental organizations to oversee and enforce those regulations. At the other end are those who consider firms to be crucial organizations for achieving sustainability and socially responsible outcomes, and who feel it is the responsibility of stakeholders to determine the legitimacy of firms’ actions. It is probably not the case that any economies exist at either end of this continuum, but it is clear that the availability of reliable information is critical for any stakeholder to review the performance of either the governments or the firms. This book presents a varied set of papers that explore the issues that must be considered, regardless of which position a stakeholder takes.

The Confucian Misgivings--Liang Shu-ming’s Narrative About Law

The major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the parallel between Life and Mind (人生与人心), Physis and Nomos, and compares Liang Shu-ming's narrative with his own practical orientation and with the theories of other interlocutors. The book puts Liang Shu-ming into the social context of modern Chinese history, in particular, the context of the unprecedented crisis of meaning in the legal realm and the collapse of a transcendental source for Chinese cultural identity in the light of modernity. The evaluation provided by this narrative could be helpful in clarifying the deep structures and significance of the present Chinese legal system through historically exploring Liang Shu-ming's misgivings. The book is intended for academics of legal, history and cultural studies. The book is unique in that it is the first book to explore New Confucian's considerations on reconstruction of Chinese legal system in the modern era. It presents a comprehensive systematical comparison of Liang Shu-ming's narrative about constitutional government in China against other schools of thought.

Introduction to Rights-based Direct Practice with Children (Rights-based Direct Practice with Children)

The Sourcebook introduces the theoretical and ideological foundation and methodological basis of Rights-based Direct Practice with Children. It starts with the methodology of participatory group workshops to facilitate learning of the content. The content draws linkages among the foundation of life skills; psychosocial, sociological and critical theories of childhood; and child rights values, categories and principles; with the approaches, methods and skills of direct practice with children. The book takes examples from India but makes significant contribution to training and reference material for child rights teachers, trainers, facilitators and field workers, across the world, especially in the developing countries.