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This thematic volume in the series Studies in Private International
Law – Asia outlines the general choice of law and recognition
rules relating to family matters of 15 Asian jurisdictions:
Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore,
Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia,
Thailand, Sri Lanka and India. The book examines pressing questions
and proposes ways in which their systems may be reformed. A
concluding chapter considers the extent to which Asian cross-border
family law systems can and should be harmonised. The book provides
a comprehensive analysis of cross-border family law challenges,
including child surrogacy, child abduction, the recognition of
same-sex unions, the recovery of maintenance, and the regulation of
intercountry adoption. These are among the matters now testing
Asian institutions of private international law and acting as
forces for their modernisation. With contributions by leading Asian
private international law experts, the book proposes necessary
reforms for each of the jurisdictions analysed as well as for Asia
as a whole.
How do Asian courts ascertain, interpret, and apply a foreign law
as the law governing the merits of the case? What should judges do
if parties do not raise or disagree on the content of foreign law?
This thematic volume in the Studies in Private International Law
– Asia series analyses the treatment of foreign law before
judicial authorities, that is, how the courts of Asian states deal
with the proof of foreign law in court litigation involving
cross-border elements. The individual chapters cover 15 Asian
jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South
Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the
Philippines, Indonesia, Thailand, Sri Lanka, and India. The
Introduction and Conclusion examine similarities and differences in
the approaches taken by the 15 Asian states with a view to
assessing the extent to which those approaches are consistent or
different from each other. The book also puts forward suggestions
for harmonising differing approaches, especially between Asian
common law and civil law states. The book is a one-stop reference
guide on the treatment of foreign law in Asia and will be
indispensable to judges, practitioners, and scholars not just in
Asia, but worldwide.
This is the leading reference on Japanese private international law
in English. The chapters systematically cover the whole of Japanese
private international law, not just questions likely to arise in
commercial matters, but also in family, succession, cross-border
insolvency, intellectual property, competition (antitrust), and
environmental disputes. The chapters do not merely cover the
traditional conflict of law areas of jurisdiction, applicable law
(choice of law), and enforcement. The chapters also look into
conflict of law questions arising in arbitration and assess
Japanese involvement in the global harmonisation of private
international law. In addition to summarising relevant principles
and scholarly views, the authors discuss case law whenever possible
and identify deficiencies and anticipate difficulties in the
existing law. The book thus presents the Japanese conflict of laws
through a combination of common and civil law analytical techniques
and perspectives, providing readers worldwide with a more profound
and comprehensive understanding of the subject.
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