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Legal Thoughts between the East and the West in the Multilevel Legal Order

A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma

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  • © 2016

Overview

  • Reexamines and reevaluates the role of Western legal concepts, systems and practices in Asia
  • Assesses the differences and identifies the possible contributions of Eastern legal practices to the West
  • Discusses Asian constitutionalism and the East-West constitutional dialogue
  • Highlights Asian legal perspectives in selected fields of international law, examining how they differ from Western perspectives

Part of the book series: Economics, Law, and Institutions in Asia Pacific (ELIAP)

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Table of contents (33 chapters)

  1. Mutual Influence and Interaction in International Law and Regional Governance

Keywords

About this book

This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma’s achievements and his efforts to bring Eastern and Western legal concepts and systems closer together.


The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifyingthe degree of desirable coordination between different legal systems.


All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either “one-way” or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

Editors and Affiliations

  • Constitutional Court, Taipei, Taiwan

    Chang-fa Lo

  • Lee and Li, Attorneys at Law, Taipei, Taiwan

    Nigel N.T. Li

  • College of Law, National Taiwan University, Taipei, Taiwan

    Tsai-yu Lin

About the editors

Chang-fa Lo is Justice of the Constitutional Court, Taiwan, R.O.C. He is also chairman of the Asia WTO Research Network (AWRN). He was Chair Professor and Lifetime Distinguished Professor at NTU; Dean of NTU Law; Director of Asian Center for WTO and International Health Law and Policy of NTU Law (ACWH). His fields include trade law, public health, competition law and arbitration. He received SJD degree from Harvard. He was appointed by panelist for two WTO cases. He is author/editor of 16 books and about 100 journal papers.



Nigel Li is a practicing attorney specializing in dispute resolution and arbitration, media law, human and civil rights, international litigation and constitutional law. He also teaches constitutional law, human rights, ADR and international arbitration. He was Chairman of the Chinese Arbitration Association and President of the Taipei Bar Association. He sits on the Board of the Judicial Reform Foundation. He has involved in numerous Constitutional Court's cases. He received LL.M. degrees from Harvard and NTU.


Tsai-yu Lin is professor at NTU College of Law and the Director of ACWH. Professor Lin has actively published books and articles in the areas of WTO laws, international investment Law and international health law. She is also the executive secretary of AWRN and commissioner of Taiwan’s International Trade Commission. She is senior member of Editorial Committees of two English journals published by the ACWH. Professor Lin currently advises Taiwan Government on trade and public health issues.




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