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Constitution making in Asia

Constitution making in Asia Author H. Kumarasingham
ISBN-10 9781317245094
Release 2016-03-31
Pages 222
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Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.



Constitution Making in Asia

Constitution Making in Asia Author Harshan Kumarasingham
ISBN-10 0415734584
Release 2016-03-30
Pages 212
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Britain's main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century's most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal - all linked by Britain and Jennings - assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia's experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.



Secularism Decolonisation and the Cold War in South and Southeast Asia

Secularism  Decolonisation  and the Cold War in South and Southeast Asia Author Clemens Six
ISBN-10 9781351684798
Release 2017-07-20
Pages 318
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The intensifying conflicts between religious communities in contemporary South and Southeast Asia signify the importance of gaining a clearer understanding of how societies have historically organised and mastered their religious diversity. Based on extensive archival research in Asia, Europe, and the United States, this book suggests a new approach to interpreting and explaining secularism not as a Western concept but as a distinct form of practice in 20th-century global history. In six case studies on the contemporary history of India, Indonesia, Malaysia, and Singapore, it analyses secularism as a project to create a high degree of distance between the state and religion during the era of decolonisation and the emerging Cold War between 1945 and 1970. To demonstrate the interplay between local and transnational dynamics, the case studies look at patterns of urban planning, the struggle against religious nationalism, conflicts around religious education, and (anti-)communism as a dispute over secularism and social reform. The book emphasises in particular the role of non-state actors as key supporters of secular statehood – a role that has thus far not received sufficient attention. A novel approach to studying secularism in Asia, the book discusses the different ways that global transformations such as decolonisation and the Cold War interacted with local relations to reshape and relocate religion in society. It will be of interest to scholars of Religious Studies, International Relations and Politics, Studies of Empire, Cold War Studies, Subaltern Studies, Modern Asian History, and South and Southeast Asian Studies.



World War Two Legacies in East Asia

World War Two Legacies in East Asia Author Chan Yang
ISBN-10 9781351391504
Release 2017-10-18
Pages 226
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How to remember World War Two in East Asia is a huge source of friction between China and Japan, causing major diplomatic and political difficulties right up to the present. As this book shows, however, there is also disagreement within these countries as to how to remember the war, which in the case of China began immediately after the war and lasted with varying degrees of intensity until the famous "textbook incident" of 1982 marked the beginning of a more strongly anti-Japanese position. Based on extensive original research, the book explores how China’s remembrance of the war has evolved over time. It not only explores the roles played by the national as well as local state actors in the formation of the Chinese war memory, but also pays attention to the individual Chinese people. It considers particular aspects of commemoration in China, explores the corresponding situation in Japan and discusses the continuing impact on the relationship between the two countries.



The Economy of Colonial Malaya

The Economy of Colonial Malaya Author Sivachandralingam Sundara Raja
ISBN-10 9781351850865
Release 2017-08-16
Pages 264
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Although colonies are often viewed as having been of crucial economic importance to Britain’s empire, those responsible for administering the colonies were often not at all interested in or supportive of commercial ventures, as this book demonstrates. Based on extensive original research, and including detailed case studies of the agricultural and mining sectors in late nineteenth and early twentieth century Malaya, the book examines how administrators and capitalists interacted, showing how administrators were often hostile to business and created barriers to business success. It discusses in particular contradictory colonial government policies, confusion over land grants and conflicts within bureaucratic hierarchies, and outlines the impact of such difficulties, including the failure to attract capital inflows and outright business failures. Overall, the book casts a great deal of light on the detail of how business and government actually worked in Britain’s colonial empire.



The Routledge Handbook of the History of the Middle East Mandates

The Routledge Handbook of the History of the Middle East Mandates Author Cyrus Schayegh
ISBN-10 9781317497066
Release 2015-06-05
Pages 440
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The Routledge Handbook of the History of the Middle East Mandates provides an overview of the social, political, economic, and cultural histories of the Middle East in the decades between the end of the First World War and the late 1940s, when Britain and France abandoned their Mandates. It also situates the history of the Mandates in their wider imperial, international and global contexts, incorporating them into broader narratives of the interwar decades. In 27 thematically organised chapters, the volume looks at various aspects of the Mandates such as: The impact of the First World War and the development of a new state system The impact of the League of Nations and international governance Differing historical perspectives on the impact of the Mandates system Techniques and practices of government The political, social, economic and cultural experiences of the people living in and connected to the Mandates. This book provides the reader with a guide to both the history of the Middle East Mandates and their complex relation with the broader structures of imperial and international life. It will be a valuable resource for all scholars of this period of Middle Eastern and world history.



The Sino Indian War of 1962

The Sino Indian War of 1962 Author Amit R. Das Gupta
ISBN-10 9781315388922
Release 2016-11-03
Pages 268
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The Sino-Indian border war of 1962 forms a major landmark in South Asian, Asian and Cold War history. Among others, it resulted in an unresolved conflict permanently hindering rapprochement between China and India, the establishment of the Sino-Pakistani axis, the deepening of the Sino-Soviet split and had a lasting impact on Indian domestic affairs. This volume draws on new documentary evidence to re-evaluate perceptions, motivations and decision-making processes of both antagonists, but also of third powers immediately affected by the conflict. It also investigates the effect on India’s internal politics, its Constitution, the Communist Party of India and the fate of Indians of Chinese origin. Finally, it analyses how the conflict is viewed in India today and its ramifications for India–China relationship. A major intervention in the Asian historical landscape, this book will be indispensable to scholars and researchers of modern history, especially of modern South Asia and China, international relations, defence and strategic studies, international politics and government. It will also be useful for think-tanks and government agencies.



The League on trial

The League on trial Author Max Beer
ISBN-10 UCAL:$B593356
Release 1933
Pages 415
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The League on trial has been writing in one form or another for most of life. You can find so many inspiration from The League on trial also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The League on trial book for free.



States of Emergency and the Law

States of Emergency and the Law Author M. Ehteshamul Bari
ISBN-10 9781351685917
Release 2017-07-06
Pages 282
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In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency,suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.



German Anti Nazi Espionage in the Second World War

German Anti Nazi Espionage in the Second World War Author Jonathan S. Gould
ISBN-10 9780429879180
Release 2018-09-13
Pages 192
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This book tells the dramatic story of the recruitment and training of a group of German communist exiles by the London office of the Office of Strategic Services for key spy missions into Nazi Germany during the final months of World War II. The book chronicles their stand against the rise of Hitler in 1930s that caused them to flee Germany for Czechoslovakia and then England where they resettled and awaited an opportunity to get back into the war against the Nazis. That chance would arrive in late 1944 when the OSS recruited them for these important missions which became part of the historic German Penetration Campaign. Some of the German exiles carried out successful missions that provided key military intelligence to the Allied armies advancing into Germany while others suffered untimely deaths immediately upon the dispatch of their missions that still raise troubling issues. And based on declassified East German government files, this book also reveals that notwithstanding the US military alliance with the Soviet Union, a few of the German communist exiles betrayed the trust that the OSS had placed in them by working with a secret spy network in England that enabled its agents to receive top secret mission related information and OSS sources and methods. That spy network was run by the GRU, the Red Army military intelligence service. This is the same intelligence service that has just been cited by US law enforcement officers as having hacked into computers run by the Democratic National Committee and launched a social media campaign in order to influence the outcome of the 2016 U.S. presidential election. While the dual loyalties of the German exiles later became known to the United States military, such knowledge did not prevent it from posthumously awarding military decorations to the men who led these missions. Until that day, no German national had ever been presented with such medals for their service to the Allied armies in World War II.



Regionalism and Globalization in East Asia

Regionalism and Globalization in East Asia Author Mark Beeson
ISBN-10 9781137332370
Release 2014-01-27
Pages 336
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This book examines the distinctive evolution of the political and economic relationships of East Asia. It does this by placing East Asian development in the unique historical circumstances that have underpinned its rise to power over the last few decades. This detailed analysis provides the basis for an assessment of a unified East Asian region.



Israel s Path to Europe

Israel   s Path to Europe Author Gadi Heimann
ISBN-10 9781351258425
Release 2018-08-22
Pages 290
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Relations between the new state of Israel and the European Union in the first twenty years of the Community’s existence were a major policy issue given the background of the Holocaust and the way the new nation was established. This book focuses on Israel-European Community relations from 1957 to 1975 - from the signing of the Treaty of Rome (1957), which officially established the Common Market, to the conclusion of Israel’s Free Trade Agreement with the Community. It reveals a new and key facet of Israeli diplomacy during the country's infancy, joining the many studies concerning Israel's relations with the United States, France, Germany and Britain.



Maritime Law in China

Maritime Law in China Author Johanna Hjalmarsson
ISBN-10 9781317210511
Release 2016-09-19
Pages 312
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The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.



Writing Chinese Laws

Writing Chinese Laws Author Ernest Caldwell
ISBN-10 9781351180665
Release 2018-05-23
Pages 212
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The legal institutions of the short-lived Qin dynasty (221–207 BCE) have been vilified by history as harsh and draconian. Yet ironically, many Qin institutional features, such as written statutory law, were readily adopted by subsequent dynasties as the primary means for maintaining administrative and social control. This book utilizes both traditional texts and archeologically excavated materials to explore how these influential Qin legal institutions developed. First, it investigates the socio-political conditions which led to the production of law in written form. It then goes on to consider how the intended function of written law influenced the linguistic composition of legal statutes, as well as their physical construction. Using a function and form approach, it specifically analyses the Shuihudi legal corpus. However, unlike many previous studies of Chinese legal manuscripts, which have focused on codicological issues of transcription and translation, this book considers the linguistic aspects of these manuscripts and thus their importance for understanding the development of early Chinese legal thought. Writing Chinese Laws will be useful to students and scholars of Chinese Studies, as well as Asian law and history more generally.



Britain France and the Decolonization of Africa

Britain  France and the Decolonization of Africa Author Andrew W.M. Smith
ISBN-10 9781911307730
Release 2017-03-01
Pages 254
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Looking at decolonization in the conditional tense, this volume teases out the complex and uncertain ends of British and French empire in Africa during the period of ‘late colonial shift’ after 1945. Rather than view decolonization as an inevitable process, the contributors together explore the crucial historical moments in which change was negotiated, compromises were made, and debates were staged. Three core themes guide the analysis: development, contingency and entanglement. The chapters consider the ways in which decolonization was governed and moderated by concerns about development and profit. A complementary focus on contingency allows deeper consideration of how colonial powers planned for ‘colonial futures’, and how divergent voices greeted the end of empire. Thinking about entanglements likewise stresses both the connections that existed between the British and French empires in Africa, and those that endured beyond the formal transfer of power. Praise for Britain, France and the Decolonization of Africa '…this ambitious volume represents a significant step forward for the field. As is often the case with rich and stimulating work, the volume gestures towards more themes than I have space to properly address in this review. These include shifting terrains of temporality, spatial Scales, and state sovereignty, which together raise important questions about the relationship between decolonization and globalization. By bringing all of these crucial issues into the same frame,Britain, France and the Decolonization of Africa is sure to inspire new thought-provoking research.' - H-France vol. 17, issue 205



Transitional Justice in Nepal

Transitional Justice in Nepal Author Yvette Selim
ISBN-10 9781351692199
Release 2018-06-27
Pages 236
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The conflict in Nepal (1996 – 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors—experts, brokers, implementers and victims—and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to ‘hijack’ TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.



Punishment in Contemporary China

Punishment in Contemporary China Author Enshen Li
ISBN-10 9781351039369
Release 2018-06-28
Pages 172
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Punishment in contemporary China has experienced dramatic shifts over the last seven decades or so. This book focuses on the evolution, development and change of punishment in the Maoist (1949-1977), reform (1978-2001) and post-reform eras (2002-) of China to understand the shaping and transformation of punishment within the context of a range of socio-cultural changes across different historical periods. It aims to fill the gap of existing research by developing a distinctive theoretical framework for the China’s penality, exploring it as a separate and complex legal-social system to observe the impact social foundations, political-economic genesis, cultural significance and meanings have exerted on penal form, discourse and force in contemporary China. It sheds light on the sociology of punishment in this socialist Party-state by investigating law reform, penal policy, social control, crime prevention and sentencing as interconnected elements in the criminal justice and penal system. This book will be of great interest to those who study Chinese criminal law, penal and policing system, as well as to law academics, criminologists and sociologists whose research interests lie in the fields of comparative criminology and criminal justice.