| spelling |
oapen-20.500.12657-881762024-03-28T14:02:49Z Private International Law in East Asia Gaillard, Olivier Nadakavukaren Schefer, Krista China Japan South Korea Commercial law Family law Inheritance Law Conflict of laws International Jurisdiction Applicable Law Recognition and Execution of Foreign Decisions 1965 Basic Treaty Chinese Belt and Road Initiative Party Autonomy Choice-of-Court Agreement International Child Abduction Hague Conference on Private International Law Same-Sex Marriage Surrogate Motherhood Professio Iuris thema EDItEUR::L Law::LB International law::LBG Private international law and conflict of laws This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. 2024-03-05T09:54:50Z 2024-03-05T09:54:50Z 2024 book ONIX_20240305_9781509970124_8 9781509970124 9781509970117 https://library.oapen.org/handle/20.500.12657/88176 eng Studies in Private International Law - Asia application/pdf application/epub+zip Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International 9781509970124.pdf 9781509970117.epub Bloomsbury Academic Hart Publishing 10.5040/9781509970131 10.5040/9781509970131 066d8288-86e4-4745-ad2c-4fa54a6b9b7b 9781509970124 9781509970117 Hart Publishing 216 London open access
|
| description |
This open access book examines the conflict of law rules in East Asian states. With a focus on the laws in Mainland China, Japan and South Korea, the book also looks at the rules of Hong Kong and Taiwan. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, these East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law. The chapters in Part 1 give a contextual overview of the legal regimes of Mainland China, Japan, and South Korea. This part is intended to foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. A more in-depth view of the rules on private international law follows in Part 2, where the rules of Hong Kong and Taiwan are set forth in addition to those of the rest of China, Japan and South Korea. Part 3 provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part 4 examines the rules applying to family and succession law. Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
|
