Private International Law in East Asia

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 thes...

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Publicat: Bloomsbury Academic 2024
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collection Directory of Open Access Books
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.
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spelling doab-20.500.12854ir-1349622025-07-18T09:45:48Z 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 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. 2024-03-07T04:00:32Z 2024-03-07T04:00:32Z 2024-03-05T09:54:50Z 2024 book ONIX_20240305_9781509970124_8 OCN: 1418900126 https://library.oapen.org/handle/20.500.12657/88176 9781509970124 9781509970117 https://directory.doabooks.org/handle/20.500.12854/134962 eng Studies in Private International Law - Asia open access image/jpeg image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/88176/1/9781509970124.pdf https://library.oapen.org/bitstream/20.500.12657/88176/1/9781509970124.pdf https://library.oapen.org/bitstream/20.500.12657/88176/1/9781509970124.pdf Bloomsbury Academic Hart Publishing 10.5040/9781509970131 10.5040/9781509970131 f75587da-2374-4722-9d42-9fffa7fa3f92 9781509970124 9781509970117 Hart Publishing 216 London open access
spellingShingle 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
thema EDItEUR::L Law::LB International law::LBG Private international law and conflict of laws
Private International Law in East Asia
title Private International Law in East Asia
title_full Private International Law in East Asia
title_fullStr Private International Law in East Asia
title_full_unstemmed Private International Law in East Asia
title_short Private International Law in East Asia
title_sort private international law in east asia
topic 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
thema EDItEUR::L Law::LB International law::LBG Private international law and conflict of laws
topic_facet 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
thema EDItEUR::L Law::LB International law::LBG Private international law and conflict of laws
url ONIX_20240305_9781509970124_8