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.
General
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