Law, Development and Socio-Economic Changes in Asia　　

■ Edited by Naoyuki Sakumoto, Masayuki Kobayashi, Shinya Imaizumi
■ Price: 4,935yen (w/o tax　4,700yen)
■ A5判
■ 430 pp.
■ Published in 2003
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Preface
List of Authors
Introduction


Part I. Law and Socio-Economic Changes in Asia


1. How Can Law Interact with Society?: A Note on Recent Law Reform Movements in Asia
Nobuyuki Yasuda

I. Introduction
II. Three Structural Concepts of Law
III. Pyramidal Structure of the National Legal System
IV. Three Dimensions of Society
V. Three Levels of Society: A Multilevel Structure of the Global Society
VI. Globalization and Legal Transplantation of Competition Law in Southeast Asian Countries: A Case Study of Law Reforms in the Economic Dimension of State Society
VII. Conclusion


2. Labour Law in Asia: International Labour Standards in Economic Development
Shin-ichi Ago

I. Introduction
II. Labour law in Asia
III. International Labour Standards in Asia
IV. Acceptance of ILO Conventions in Asia
V. The Social Clause and Asia
VI. The ILO’s Answer to the Social Clause Discourse: Declaration on Fundamental Principles and Rights at Work
VII. Socioeconomic Development in Asia and the Role of Labour Law
VIII. Conclusion


3. Consumer Protection Laws in Asian Countries
Tsuneo Matsumoto

I. Introduction:The Duality of Consumer Protection Laws
II. Economic Development and Consumer Protection Laws
III. Consumer Protection Law of Thailand
IV. Consumer Protection Law of Malaysia
V. Consumer Protection Law of Indonesia
VI. Features of Consumer Protection Laws in Asia
VII. Conclusion


4. Decentralization and Environmental Management in Indonesia
Naoyuki Sakumoto

I. Introduction
II. Issues Related to Regional Autonomy in Indonesia
III. Decentralization of Environmental Management
IV. Conclusion


5. Disability Law in Asia: from Welfare to Rights-based Approach
Masayuki Kobayashi

I. Introduction
II. Changes in Philosophy and Legislation Concerning Persons with Disabilities
III. Development in the International Community of Issues Concerning Persons with Disabilities
IV. Disability Laws in Asian Countries
V. Conclusion


Part II. Governance and Judicial Review in Asia


6. Law and Economic Choice in Philippine Constitutional Law
Paul C. Pangalangan

I. Summary
II. Approach
III. Directive Clauses of the Constitution
IV. Social Justice Clauses
V. Economic Protectionism
VI. The paternalistic State
VII. Three Constitutional Paths
VIII. Conclusions


7. Judicial Review and its Impact upon the Resolution of Labour Disputes in Malaysia
Sharifah Suhana Ahmad

I. Introduction
II. The Industrial Relations Act 1967 and the Current Industrial Court
III. Judicial Review and its Effect on the Role and Function of the Industrial Court
IV. Conclusion


8. Public Interest Litigation
Surinder KaurVerma

I. Introduction
II. Evolution of PIL in India
III. New Paradigm of Accessing Justice
IV. Rule of Locus Standi: the Judicial Approach
V. Requirement of Formal Petition
VI. Admissibility of PIL
VII. Multidimensional Jurisprudential Growth under PIL
VIII. Concept of Victimology Evolved
IX. Concluding Remarks


9. Political Reform and the Constitutional Court of Thiland
Shinya Imaizumi

I. Introduction
II. Constitutional Tribunal under Past Constitutions
III. Constitutional Court under the 1997 Constitution
IV. Conclusion


Part III. Judicial System and ADR in Asia


10. Increasing Role of the Courts in China
Xin Chunying / Liu Junhai

I. Introduction
II. The Role of Courts
III. Increasing Role, Increasing Responsibility
IV. Conclusion


11. Judicial Reform under Doi Moi in Vietnam
Dao Tri Uc

I. Introduction
II. Overview of the Vietnamese Judicial System
III. Assessing the Current Needs and Measures of Judicial Reform in Vietnam
IV. Conclusion


12. Judicial Reform in Transitional Countries: Case of the Republic of Uzbekistan
Kazutaka Sugiura

I. Introduction
II. Assurance of the Principle of the “Independence of Judges” and Their Appointment and Dismissal
III. Specialization of Trials and the Pluralistic Court System
IV. Conclusion


13. Court-based Mediation in Singapore: How Do the Contrasting Principles of Mediation and Litigation Merge in the Asian Context?
Miwa Yamada

I. Introduction
II. The Singapore Courts Mediation Model
III. Judge as a Mediator
IV. Court-based Mediation in Asian Countries
V. Conclusion


14. Sophistication of Dispute Resolution in Special Courts: A Perspective from Thailand
Vichai Ariyanuntaka

I. Introduction
II. Structure of the Judicial System
III. Alternative Dispute Resolution(ADR) and Its Annexation to the Judicial Mode of Adjudication
IV. Intellectual Property and International Trade Court: An Innovation in the Thai Judicial System
V.Conclusion


15. Barangay Justice System in the Philippines
Izumi Chibana

I. Introduction
II. Organizational Aspects
III. Jurisdiction and Procedure
IV. Examination of the Barangay Justice System
V. Concluding Note

Index