E-commerce is redefining the landscape of ASEAN economy. Nevertheless, the prospect for a sustainable growth of ASEAN e-commerce would be dismal unless states maintain a clear and predictable legal framework for e-commerce. The primary focus of this research is electronic signature law, one of the most foundational areas in e-commerce legislation. The paper specifically selects...
Tag: <span>TUESDAY JUNE 26 2018 4:30 PM – 6:00 PM</span>
The Requisition of Property and Housing Emergency. An Unforeseen New Tool for Social Policies?
The requisition of property is an old legal tool, born in wartime: it was used by military authorities to provide houses, food, and any other kind of support for their troops. During the 20th Century this provision surprisingly extended its boundaries: from a wartime and extraordinary power, it becomes ordinary and it was accorded to...
The Positioning of the Islamic Republic of Iran and Egypt on the International Rule of Law Scale
Measuring the human rights performances on the international rule of law scale on the part of only insufficiently democratised states – like Islamic Republic of Iran and Egypt – requires specific indications. These indicators help to classify the factual human rights practices of governments and judges of Supreme Constitutional Courts and analogue institutions, such as,...
United We Fall: Taking back control in an interdependent world
The paper traces illiberal nationalist challenges to a liberal international order to a (neo)liberal legalism that subjects us to the imperium of managerialist states, international law/institutions and asymmetrical markets that wield privileged, discretionary and unilateral power over still nationally-configured political communities. In subjecting us to the forces of law and reason, they trample over particularistic...
Transparency and Participation in Courtroom: A Guangzhou Story
Looking at the Chinese judiciary‘s role in expanding governmental transparency the past five years, this paper observed the expanded governmental transparency in Guangzhou city in forms of both transparency and participation. It argues that while the failure and success still mix, Chinese courts have successfully expanded powers over administrative agencies‘ decision-making. The political talent judge...
Twilight of the Idolized: Hong Kong’s Legal and Judicial Cultures under Stress
HK‘s judges and lawyers have often been hailed as a source of resilience against encroachments on the rule of law. I argue this “idolized“ expectation has been misplaced. Actions taken by Beijing have constrained or been perceived as valid constraints on the courts. The maturing of the Mainland legal services market, amongst other things, led...
The Vanishing Amendment Process: Judicializing Constitutional Change in India
Two processes run side by side: On the one hand, the vanishing of the formal constitutional amendment process, illustrating the diminishing power of the Indian Parliament as an agent as well as a guardian of constitutional change. On the other side, the rise of the Indian Supreme Court, first, as a powerful veto-player, then as...
Towards a Constitutional Doctrine of Alternative Dispute Resolution
In recent years, a discourse on ethno-religious minorities emerged, attesting that certain communities are involved in processes of dispute resolution. According to the alarming arguments from judicial and law enforcement institutions they pose a threat to the fundamental principles of public law. This paper will challenge this discourse on two levels: empirical and normative. First,...