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This book focuses on the interaction and mutual influences between
the East and the West in terms of their legal systems and
practices. In this regard, it highlights Professor Herbert H.P.
Ma's achievements and his efforts to bring Eastern and Western
legal concepts and systems closer together. The book shows that,
while there have been convergences between different legal regimes
in many fields of law, diverse legal practices and approaches
rooted in differing cultural, social, political and philosophical
backgrounds do remain, and that these differences are not
necessarily negative elements in the contemporary legal order. By
examining different levels of the legal order, including domestic,
regional and multilateral, it goes on to argue that identifying
these diversities and addressing the interactions and mutual
influences between different regimes is a worthwhile undertaking,
not only in terms of mutual enrichment, but also with regard to
intensifying the degree of desirable coordination between different
legal systems. All chapters were written by leading experts,
practitioners and scholars from different jurisdictions with
expertise in various fields of law and different levels of the
legal order, and discuss a number of issues with particular focus
on either "one-way" or mutual influences between the Eastern and
the Western legal systems, practices and philosophies.
This book focuses on the interaction and mutual influences between
the East and the West in terms of their legal systems and
practices. In this regard, it highlights Professor Herbert H.P.
Ma's achievements and his efforts to bring Eastern and Western
legal concepts and systems closer together. The book shows that,
while there have been convergences between different legal regimes
in many fields of law, diverse legal practices and approaches
rooted in differing cultural, social, political and philosophical
backgrounds do remain, and that these differences are not
necessarily negative elements in the contemporary legal order. By
examining different levels of the legal order, including domestic,
regional and multilateral, it goes on to argue that identifying
these diversities and addressing the interactions and mutual
influences between different regimes is a worthwhile undertaking,
not only in terms of mutual enrichment, but also with regard to
intensifying the degree of desirable coordination between different
legal systems. All chapters were written by leading experts,
practitioners and scholars from different jurisdictions with
expertise in various fields of law and different levels of the
legal order, and discuss a number of issues with particular focus
on either "one-way" or mutual influences between the Eastern and
the Western legal systems, practices and philosophies.
Nation states have long and successfully claimed to be the proper
and sovereign forum for determining a country's international
economic policies. Increasingly, however, supranational and
non-governmental actors are moving to the front of the stage. New
forms of multilateral and global policy-making have emerged,
including states and national administrations, key international
organizations, international conferences, multinational
enterprises, and a wide range of transnational pressure groups and
NGOs that all claim their share in exercising power and influence
on international and domestic policy-making. In honour of Professor
Mitsuo Matsushita's intellectual contributions to the field of
international economic law, this volume reflects on the current
state and the future of international economic law. The book
addresses a broad spectrum of themes in contemporary international
economic regulations and focuses specifically on the significant
areas of Professor Matsushita's scholarship, including the rise of
the soft-law mechanism in international economic regulation, the
role of the WTO and dispute settlement, and specific areas such as
competition, subsidies, anti-dumping, intellectual property, and
natural resources. Part one of the volume provides a comprehensive
and critical analysis of the rule-based international dispute
settlement mechanisms; Part two investigates the normative
influences to and from WTO law; and Part three focuses on policy
and law-making issues.
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