Suchergebnisse

What is 'Asian law'? Asia in law, the humanities and social sciences / Christoph Antons -- Law, networks, mobility : nineteenth century provocations / Iza Hussin -- East Asia and the study of law and development / John Ohnesorge -- A new China model for the era post global financial crisis : legal dimensions / Randall Peerenboom -- Constitutions, constitutional practice, and constitutionalism in East Asia / Albert H. Y. Chen -- The Vietnamese courts and reform dynamics / Pip Nicholson and Cait Storr -- The role of lawyers in South and East Asia / Yves Dezalay and Bryant G. Garth -- The Political determinants of corporate reorganization in China / Roman Tomasic and Zinian Zhang -- Clusters and links in Asian intellectual property law / Peter K. Yu -- Innovation governance competition : comparing India's and China's electronic commerce development strategies / Jane K. Winn -- Foreign investment law : Asian investment and the growth of regional investment agreements / Vivienne Bath and Luke Nottage -- National control over local lawmaking in Indonesia / Simon Butt -- Forestry law, masyarakat adat, and struggles for inclusive citizenship in Indonesia / Noer Fauzi Rachman and Mia Siscawati -- Legal and cultural landscapes : cultural and intellectual property concepts and the "safeguarding" of intangible cultural heritage in Southeast Asia / Christoph Antons -- Transnational sustainability certification as a new extraterritoriality? / Peter Vandergeest -- The regulation of innovation in agriculture and sustainable development in India and Southeast Asia / Rajeswari Kanniah and Christoph Antons -- Institutionalising property : new land law in a new nation-state / Daniel Fitzpatrick -- Water law in India / Phillipe Cullet -- Islamic courts or courts for Muslims? Shari'a and the state in Indonesia, Malaysia, and Singapore / Tim Lindsey -- Indigenous peoples : indigeneity, indigeny or indigenism? / Geoffrey Benjamin -- Lèse-majesté, Asian style : crisis of monarchy in pre-war Japan and present-day Thailand / David Streckfuss -- The construction of ethnicity in colonial law and its legacy : the example of the Peranakan Chinese in Indonesia / Rosy Antons-Sutanto and Christoph Antons

The international debate about traditional knowledge and approaches in the Asia-Pacific region Christoph Antons -- How are the different views of traditional knowledge linked by international law and global governance? Christopher Arup -- Protection of traditional knowledge by geographical indications Michael Blakeney -- An analysis of WIPO's latest proposal and the Model Law 2002 of the Pacific Community for the Protection of Traditional Cultural Expressions Silke von Lewinski -- The role of customary law and practice in the protection of traditional knowledge related to biological diversity Brendan Tobin -- Can modern law safeguard archaic cultural expressions? : observations from a legal sociology perspective Christoph Beat Graber -- Branding identity and copyrighting culture : orientations towards the customary in traditional knowledge discourse Martin Chanock -- Being indigenous' in Indonesia and the Philippines Gerard A. Persoon -- Indigenous heritage and the digital commons Eric Kansa -- Traditional cultural expression and the internet world Brian Fitzgerald and Susan Hedge -- Cultural property and "the public domain" : case studies from New Zealand and Australia Susy Frankel and Megan Richardson -- The recognition of traditional knowledge under Australian biodiscovery regimes : why bother with intellectual property rights? Natalie P. Stoianoff -- Protection of traditional knowledge in the SAARC region and India's efforts S.K. Verma -- The protection of expressions of folklore in Sri Lanka Indunil Abeyesekere -- Traditional medicine and intellectual property rights : a case study of the Indonesian jamu industry Christoph Antons and Rosy Antons-Sutanto

Introduction / Christoph Antons -- Law and development from the Southeast Asian perspective: methodology, history, and paradigm change / Nobuyuki Yasuda -- APEC, industry policy, and the role of law / Bernard G. Bishop -- The rule of law, economic development, and the developmental states of Northeast Asia / John K.M. Ohnesorge -- Globalization vs. paternalistic regulation: some thoughts about economic success, the role of law, and the regulation of Japan's financial markets / Harald Baum -- The rule of law or law as instrument of rule: law and the economic development of Japan with particular regard to industrial policy / Richard Boyd -- Industrial policy and intellectual property in Japan and beyond / Christopher Heath -- Japan as a model: comparing law and development in Japan, Singapore, and Indonesia / Christoph Antons -- Policy as law and law as policy: the role of law in China's development strategy / Jianfu Chen -- The clonability of the Singapore model of law and development: the case of Suzhou, China / Connie Carter -- Prosperity at a price: regulation of organized labour in Malaysia / Jesse Wu Min Aun -- The legal regulation of technology transfer: arrangements within ASEAN / Michael Blakeney -- Resolving trade disputes in Asia: an essay about the laws, institutions, and cultures / Robert E. Lutz -- Asian economic crisis and legal institutions: a tale of two cities / Roman Tomasic.

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

Over the years, enthusiasts of geographical indication (GI) protection have often asserted its benefits for developing countries. It has been said that GIs can assist with the promotion of rural and regional development; support the emerging creative industries; help to protect traditional cultural expressions; ensure that the exploitation of traditional knowledge would recognize sacred beliefs and practices of traditional peoples; safeguard cultural heritage; promote environmentally sustainable development; and indirectly contribute to an increase in tourism. Such laudable goals have also been mentioned in the Preamble of the Official Government Explanation introducing the relevant Government Regulation in Indonesia in 2007. The Preamble speaks about using GIs for conserving the environment, empowering natural and human resources in the regions, and preventing migration to the cities by creating opportunities for work in these regions.

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and theConvention on Biological Diversityunder the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to 'cultural property' and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such asZomia, 'regions of refuge' andmandalaas well as 'borderlands' studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.