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1 Introduction to the Book: Interaction and Mutual Enrichment Between the East and the West |
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3 | (12) |
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2 Introduction of Professor Herbert Ma and the Arc of Taiwan's Progress |
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15 | (6) |
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Part II Mutual Influence and Interaction in Legal Regimes and Practices |
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3 The Triumph (?) of Western Law: A Contemporary Perspective |
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21 | (16) |
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4 How Can We Know What We "Know" About Law and Development? The Importance of Taiwan in Comparative Perspective |
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37 | (10) |
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5 Judicial Strategies and the Political Question Doctrine: An Investigation into the Judicial Adjudications of the East Asian Courts |
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47 | (28) |
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6 The Ideas of "Rights" in the "East" and "West" and Their Continued Evolution: A Case Study on Taxpayer's Rights in Taiwan |
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75 | (18) |
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Part III Mutual Influence and Interaction in Constitutional Law and Fundamental Rights |
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7 Comparative Discourse in Constitution Making: An Analysis on Constitutional Framers as Dialectic Agent |
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93 | (12) |
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8 Constitutional Change in Hong Kong and Taiwan in the Late Twentieth Century: A Comparative Perspective |
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105 | (22) |
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9 Different Patterns of Applying Transitional Constitutionalism Between the Nationalists and the Communists |
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127 | (20) |
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10 The Presumption of Innocence Principle in the People's Republic of China and in the West |
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147 | (16) |
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11 Privacy: A Genealogy in the East and the West |
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163 | (14) |
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12 Compulsory Motherhood Challenged and Remade in the Name of Choice: Framing the Right to Choose Under Old and New Maternalism |
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177 | (22) |
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13 The Emergence of the Right to Health in Taiwan: Transplantation from the West and Its Implementation |
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199 | (18) |
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Part IV Mutual Influence and Interaction in International Law and Regional Governance |
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14 China's Performance on International Treaties on Trade and Human Rights |
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217 | (22) |
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15 The Transplantation of "Western" International Law in Republican China |
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239 | (16) |
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16 From Accepting to Challenging the International Law of the Sea: China and the South China Sea Disputes |
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255 | (22) |
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17 Human Rights in ASEAN Context: Between Universalism and Relativism |
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277 | (14) |
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18 Host State's Regulatory Change for Public Health in the Context of Different FET Formulations: US and China Investment Treaty Practices as Examples |
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291 | (18) |
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19 Protection of Indigenous Cultural Heritage in Free Trade Agreements: Issues and Challenges from a North-South Perspective |
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309 | (26) |
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20 On the Establishment of a Regional Permanent Mediation Mechanism for Disputes Among East and Southeast Asian Countries |
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335 | (20) |
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Part V Mutual Influence and Interaction in Specific Substantive Laws |
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21 The Universality of Good Faith and Moral Behaviour: A Challenge for the Principles of Asian Contract Law |
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355 | (14) |
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22 Coordinating Matrimonial Property Regimes Across National Borders: Israeli and Comparative Perspectives |
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369 | (26) |
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23 Risk Assessment in the European Food Safety Authority and Its Lessons for Taiwan |
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395 | (14) |
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24 The Limit of Regulatory Borrowing: "Cocktail Therapy" Reforms of Food Safety Law in Taiwan |
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409 | (14) |
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25 Equity Clearing and Settlement Models in the UK and Taiwan: Market Stability and Investor Protection Perspectives |
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423 | (22) |
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26 Envisaging an East Asian Model of Corporate Governance: A Developmental State Perspective |
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445 | (30) |
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27 Patent Right in China: Influences from the West and China's Responses |
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475 | (16) |
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28 Reinventing Clinical Legal Education: Taiwanese Adaptation of an American Model |
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491 | (16) |
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Part VI Mutual Influence and Interaction in Dispute Settlement Mechanisms and Practices |
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29 How Confucianism Asserts Itself in Modern ADR Development in East Asia: A Revisit |
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507 | (12) |
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30 Beyond the "Harmonious Confucian": International Commercial Arbitration and the Impact of Chinese Cultural Values |
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519 | (24) |
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31 Significant Differences in International Arbitration in the "East" and the "West": Myth, Reality, or Lost in Globalization? |
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543 | (12) |
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32 A Bad Compromise Is Better than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation |
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555 | (20) |
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33 Taming the Unruly Horse? The New York Convention's Public Policy Exception to the Enforcement of Arbitral Awards |
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575 | (22) |
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Index |
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597 | |