Treatment of Foreign Law in Asia

Asian courts determine, interpret, and apply foreign law as the law governing the merits of the case, with individual chapters covering 15 Asian jurisdictions. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states to assess the extent to which those approaches are consistent or different. 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 worldwide.

Format: Hardback
Length: 384 pages
Publication date: 05 October 2023
Publisher: Bloomsbury Publishing PLC

The treatment of foreign law before judicial authorities in Asian states is a complex and multifaceted issue that requires careful consideration and analysis. In this thematic volume, the authors explore the various approaches taken by Asian courts to ascertain, interpret, and apply foreign law as the law governing the merits of cases involving cross-border elements.

The individual chapters in the book cover 15 Asian jurisdictions, including Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. These chapters provide a comprehensive examination of the legal frameworks and practices in each jurisdiction, highlighting the similarities and differences in the approaches taken by the courts.

The Introduction and Conclusion of the book examine the 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 authors also offer suggestions for harmonizing differing approaches, particularly between Asian common law and civil law states.

This book is a valuable resource for judges, practitioners, and scholars not just in Asia but worldwide. It provides a comprehensive and up-to-date analysis of the treatment of foreign law in Asia, and its insights will be indispensable to anyone interested in this field. The individual chapters are written by experts in their respective jurisdictions, and the book is well-organized and easy to navigate.

In conclusion, this thematic volume in the Studies in Private International Law – Asia series offers a valuable contribution to the field of international law. It provides a comprehensive examination of the treatment of foreign law before judicial authorities in Asian states, and its insights will be invaluable to anyone interested in this area. The book is a must-read for judges, practitioners, and scholars alike.

Weight: 725g
Dimension: 244 x 169 (mm)
ISBN-13: 9781509956555