Public Interest Litigation in Asia

Author: Po Jen Yap
Publisher: Routledge
ISBN: 113690719X
Format: PDF
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This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

Exploring Indian Modernities

Author: Leïla Choukroune
Publisher: Springer
ISBN: 9811075573
Format: PDF, Kindle
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This book analyses how multiple and hybrid ‘modernities’ have been shaped in colonial and postcolonial India from the lens of sociology and anthropology, literature, media and cultural studies, law and political economy. It discusses the ideas that shaped these modernities as well as the lived experience and practice of these modernities. The two broad foci in this book are: (a) The dynamism of modern institutions in India, delineating the specific ways in which ideas of modernity have come to define these institutions and how institutional innovations have shaped modernities; and (b) perspectives on everyday practices of modernities and the cultural constituents of being modern. This book provides an enriching read by bringing together original papers from diverse disciplines and from renowned as well as upcoming scholars.

Socio Economic Rights in Emerging Free Markets

Author: Surya Deva
Publisher: Routledge
ISBN: 1317804694
Format: PDF, ePub, Docs
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In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Routledge Handbook of Climate Justice

Author: Tahseen Jafry
Publisher: Routledge
ISBN: 1134978480
Format: PDF
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The term "climate justice" began to gain traction in the late 1990s following a wide range of activities by social and environmental justice movements that emerged in response to the operations of the fossil fuel industry and, later, to what their members saw as the failed global climate governance model that became so transparent at COP15 in Copenhagen. The term continues to gain momentum in discussions around sustainable development, climate change, mitigation and adaptation, and has been slowly making its way into the world of international and national policy. However, the connections between these remain unestablished. Addressing the need for a comprehensive and integrated reference compendium, The Routledge Handbook of Climate Justice provides students, academics and professionals with a valuable insight into this fast-growing field. Drawing together a multidisciplinary range of authors from the Global North and South, this Handbook addresses some of the most salient topics in current climate justice research, including just transition, urban climate justice and public engagement, in addition to the field’s more traditional focus on gender, international governance and climate ethics. With an emphasis on facilitating learning based on cutting-edge specialised climate justice research and application, each chapter draws from the most recent sources, real-world best practices and tutored reflections on the strategic dimensions of climate justice and its related disciplines. The Routledge Handbook of Climate Justice will be essential reading for students and scholars, as well as being a vital reference tool for those practically engaged in the field.

Routledge Handbook of Gender in South Asia

Author: Leela Fernandes
Publisher: Routledge
ISBN: 131790706X
Format: PDF, Docs
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Providing a comprehensive overview of the study of gender in South Asia, this Handbook covers the central contributions that have defined this area and captures innovative and emerging paradigms that are shaping the future of the field. It offers a wide range of disciplinary and interdisciplinary perspectives spanning both the humanities and social sciences, focussing on India, Pakistan, Bangladesh and Sri Lanka. The Handbook brings together key experts in the field of South Asia and gender, women and sexuality. Chapters are organised thematically in five major sections: Historical formations of gender and the significance of colonialism and nationalism Law, Citizenship and the Nation Representations of Culture, Place, Identity Labour and the Economy Inequality, Activism and the State This timely survey is essential reading for scholars who research and teach on South Asia as well as for scholars in related interdisciplinary fields that focus on women and gender from comparative and transnational perspectives.

New Courts in Asia

Author: Andrew Harding
Publisher: Routledge
ISBN: 113518271X
Format: PDF
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This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand 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? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Environmental Governance in Europe and Asia

Author: Jona Razzaque
Publisher: Routledge
ISBN: 0415496543
Format: PDF, ePub
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This book looks at environmental governance in both Asia and Europe and offers a comparative analysis of the two regions in order to provide a better understanding of the concept of ‘environmental governance’ and its status in Europe and Asia. The book assesses the legislative, institutional and participatory mechanisms which affect the overall development of environmental governance, and analyses current issues, concerns and strategies in respect of environmental governance at the local, national, and international levels. The rapid changes in economic, social and political life have had an enormous impact on Asia’s ecosystems and resources. Asian countries, in the name of economic development, are following the same environmentally destructive path their European counterparts followed in the past. The key to the environmental future of these two regions lies in the evolution of the character of governance - the ensemble of social ethics, public policies and institutions which structure how state actors and the civil society interact with the environment. This book will be valuable to scholars and students of environmental politics, EU and Asian studies, public policy, environmental law, and to decision makers and policy analysts.

Administrative Law and Governance in Asia

Author: Tom Ginsburg
Publisher: Routledge
ISBN: 1135970645
Format: PDF, Kindle
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This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.

Modern Indian Family Law

Author: Werner Menski
Publisher: Routledge
ISBN: 1136839925
Format: PDF, Docs
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This text presents an overview of the major issues and topics in current developments in Indian family law. Indian law has produced a number of very important innovations in the past two decades, which are also highly instructive for law reform debates in western and other jurisdictions. Topics discussed are: marriage, divorce, polygamy, maintenance, property and the Uniform Civil Code.

Administrative Governance

Author: Andrea Walter
Publisher: Springer-Verlag
ISBN: 3658156805
Format: PDF
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Andrea Walter untersucht Chancen und Herausforderungen für Kommunalverwaltung in lokaler Politikgestaltung mit Vereinen und Verbänden am Beispiel einer Fallkommune. Sie illustriert das Rollenverständnis von Kommunalverwaltung sowie die Bedeutung von Interaktionsregeln und des lokalen Kontextes. Auf dieser Basis entwickelt sie ein Modell administrativer Governance. Ihre Befunde ordnet sie in den Kontext lokaler Governance, kooperativen Verwaltungshandelns und Fragen der Legitimation ein. Die Autorin beleuchtet damit eine bislang wenig beachtete Facette von Kommunalverwaltung, die primär als Zuarbeiterin von Politik gilt. Dabei umfasst ein wesentlicher Teil ihrer Arbeit auf lokaler Ebene die Interaktion mit (organisierter) Zivilgesellschaft – in Zeiten knapper Kassen und zunehmender Beteiligungsprozesse gilt dies umso mehr.