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Europe and Asia as a Legal Area for Fundamental Rights

Edited by: Masahisa Deguchi, Kimio Yakushiji

ISBN13: 9789811975417
Published: May 2023
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £109.99



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This book explores the possibility of an Asian legal sphere based on the model of Europe. It features articles written by leading experts from Europe and Asia. After centuries of violent conflicts, Europe began a process of integration which leads to 75 years of peace and a community with the common values of freedom, fundamental rights, and the rule of law. But the circumstances that lead to the unification of Europe differ from current-day Asia: Besides the huge economic gaps between neighboring countries and a wide variety of political forms of government, Asia also does not share the unifying narrative of post-WWII Europe. From an economic point of view, Asia is a highly developed region; despite the differences between the political systems, the region has grown together-economically and in recent times also politically. However, the legal systems of the respective countries have not created the necessary conditions for a peaceful coexistence. Can Europe be a model for Asia? Based on the history and development of the European unification process, this book asks the question to what extent Asia can look to Europe as a model and what lessons can be learned.

Subjects:
Other Jurisdictions , Asia
Contents:
Preface:
Prof. Masahisa Deguchi, Ritsumeikan University (Japan)
The European Union and the Council of Europe as legal area of freedom, fundamental rights and rule of law
Prof.Angelika Nussberger, former Vice-President ECHR (Germany)
Comment:
Prof. Kimio Yakushiji, Ritsumeikan University (Japan)
Peacekeeping, Protection of Human Rights, Democracy and the Rule of Law in Europe - Problems, Future Prospects and an International Role Model
Prof. Rupert Scholz: University of Munich (Germany)
Comment:
Prof. Toru Mori, Kyoto University (Japan)
BREXIT and the European Convention on Human Rights
Justice Tim Eicke, Judge of ECHR (UK)
The EU as a defender of the Liberal International Order and the Rule of Law
Dr. Michael Reiterer, Ambassador of the European Union to the Republic of Korea, Adjunct Professor for International Politics
The possibility and difficulty of establishment of an Asian Court of Human Rights
Prof. Koji Tonami, Waseda University (Japan)
Comment:
Justice Ilwon Kang, Former Judge of Constitutional Court (Korea)
Exploring the Possibility of Creating a Regional Human Rights Mechanism in Asia
Prof. Seog-Yun Song, Seoul National University (Korea)
Comment:
Justice Tim Eicke, Judge of ECHR (UK)
The "Meaning" of Places of Assembly Critical reflection on an overlooked legal concept
Professor Hui-Chieh Su, National Taiwan University (Taiwan)
Comment:
Prof. Hidemi Suzuki, Keio University (Japan)
Human Rights Limitation in the Rule of Law from Vietnam's Practice
Nguyen Linh Giang, Institute of State and Law (Vietnam)
Protection of personal data as property in the Chinese constitutional order
Prof. XIE Libin: China University of Political Science and Law (China)
Comment:
Dr. Michael Pils, Taylor Wessing (Germany)
The Collision of Values in Thai Constitutional Law
Professor Torpong Kittiyanupong, Thammasat University (Thailand)
Comment:
Tim Eicke, Judge ECHR (UK)