New Courts in Asia

ISBN-13: 9780415470056 / Angielski / Twarda / 2010 / 448 str.

Andrew Harding;Pip Nicholson

Opis

This book discusses legal reforms across Asia involving the creation of new courts over the last 20 years, and examines to what extent they have succeeded or failed. During this period there have been numerous instances of the creation of new courts in Asia. These ‘new courts’ are mainly specialist courts, which have a specific jurisdiction, whether that is over cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues, labour or industrial disputes. This trend has clearly intensified since the economic crisis of 1997/8 and the consequent emphasis on good governance and commercial dispute resolution. The justification of this trend towards ‘judicialization’ has been that implementation of Western-style rule of law is necessary for the development of the market economy, democratization, good governance and the upholding of human rights. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states including China, Japan, Korea, Malaysia and Indonesia, this book considers critical questions including:

• Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it?
• What difficulties have the new courts encountered?
• How have the new courts performed?
• What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems?

In addition, it considers critics of court building who allege that it is a Western agenda that does not serve local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution.

This book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Recenzje

'The Routledge series has brought important issues of legal and social change in Asia to the fore, and this book expands upon the corpus... I commend New Courts in Asia to readers and look forward to what the series yet has to offer.' - Nick Cheesman; Asian Criminology (2012).

Spis treści

1. New Courts in the Asia-Pacific Region: Law, Development and Judicialization  PART I: Introducing Economic Courts in Asia  2. Legitimacy and the Vietnamese Economic Courts  3. Reading the Tea Leaves in the Indonesian Commercial Court: A Cautionary Tale, But for Whom? PART II: Introducing Intellectual Property Courts in Asia  4. The Intellectual Property High Court of Japan  5. Specialized Intellectual Property Courts in the People’s Republic of China: Myth or Reality? PART III: Constructing Constitutional Courts  6. A Turbulent Innovation: the Constitutional Court of Thailand, 1998–2006  7. The Constitutional Court and the Judicialization of Korean Politics  8. Institutional Choice and The New Indonesian Constitutional Court 9. The Indonesian Human Rights Court  PART IV: Assembling Administrative Courts   10. ‘Shopping Forums’: Indonesia’s Administrative Courts  11. The Genealogy of the Administrative Courts and the Consolidation of Administrative Justice in Thailand  12. Compromising Courts and Harmonizing Ideologies: Mediation in the Administrative Chambers of the People’s Courts of the People’s Republic of China  PART V: Analysing Anti-Graft Courts  13. The Politics of Indonesia’s Anti-Corruption Court  14. The Philippines’ Sandiganbayan: Anti-Graft Courts and the Illusion of Self-Contained Anti-Corruption Regimes  PART VI: Setting up Special Courts  15. Malaysian Royalty and the Special Court  16. Informed by Ideology: A Review of the Court Reforms in Brunei Darussalam 17. Courts in Xinjiang: Institutional Capacity in China’s Periphery  Part VII: Juries, Regulation and Renovation in Japanese Courts  18. Japan’s New Criminal Trials: Origins, Operations and Implications  19. Dollars to Donuts: Japanese Courts and Corporate Accountability Index

O autorze

Harding:

Constitutional Landmarks in Malaysia: the First 50 Years (2007)

Access to Environmental Justice: a Comparative Study (2007)

Comparative Law in the 21st Century (2002)

Law, Government and the Constitution in Malaysia (1996)

Nicholson:

Pip Nicholson and Sarah Biddulph (eds) (2008) Examining Practice and Interrogating Theory: Comparative Legal Studies in Asia, Brill, Leiden (Hardback) US$148.00

Nicholson, P. (2007), Borrowing Court Systems: The Experience of Socialist Vietnam, Martinus Nijhoff, Leiden (Hardback) US$194.00

Nicholson, P. and Gillespie, J. (eds.) (2005), Asian Socialism & Legal Change: The Dynamics of Vietnamese and Chinese Reform, Asia-Pacific Press, Canberra (Hardcopy) AUS$42.00