Contextualising International Law in Northeast Asia

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Contextualising International Law in Northeast Asia

By Asif H. Qureshi
Hart Publishing September 2018

Specifications

ISBN-13
9781509915316
Publisher
Hart Publishing
Publication
September 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order.

This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

Table of Contents

Part One: Theory and Fundamental Themes
1. Contextualising International Law in the North East Asian Matrix
I. Introduction
II. Does Regionalism have a Normative Basis in International Law?
III. Contextualising International Law
IV. Contextualising International Law in Practice
V. Conclusions
2. Challenging Approaches to the Application of International Law in the Historical Setting of North East Asia
I. Introduction
II. Filters and Obstacles in a Historical Perspective of International Law in NEA
III. Antecedents of International Law in NEA
IV. Conclusion
3. Regional Peace and Harmonisation through the Rule of International Law in the Domestic Legal Systems in North East Asia
I. Introduction
II. Theory
III. Practice
IV. Conclusion

Part Two: International Law in North East Asia: Generally
4. The Pursuit of Justice in the Historically Charged North East Asia
I. Introduction
II. The Law of the Sea and NEA Island Disputes
III. Human Rights and Comfort Women
IV. Denuclearisation in the Korean Peninsula
V. Approaches to Resolving Historical Conflicts in a Regional Setting

Part Three: Foreign Economic Relations
5. International Legal Aspects of ‘Monetary’ Relations in North East Asia
I. Introduction
II. Is there a Rationale for a Regional NEA Focus?
III. Is there a Financial and Normative Framework for the Management of Regional Monetary Relations?
IV. What is the Ethical Discourse on Monetary Relations?
V. Instilling Disciplines in Transmission Channels
VI. Conclusion
6. International Legal Aspects of Free Trade Agreements in North East Asia
I. Introduction
II. Comparative National FTA Strategies and the Legal Framework in NEA
III. Towards a Regional FTA?
IV. The International Legal Framework
V. Some Reflections on Policy Considerations
VI. Conclusions

Part Four: Conclusions
Conclusions
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