Legal Thoughts between the East and the West in the Multilevel Legal Order

Part I. Introduction

1. Introduction to the Book: Interaction and Mutual Enrichment Between the East and the West
Chang-fa Lo, Nigel N. T. Li, Tsai-yu Lin

2. Introduction of Professor Herbert Ma and the Arc of Taiwan’s Progress
Jerome A. Cohen

Part II. Mutual Influence and Interaction in Legal Regimes and Practices

3. The Triumph (?) of Western Law: A Contemporary Perspective
John Owen Haley, Willaim R. Orthwein

4. How Can We Know What We “Know” About Law and Development? The Importance of Taiwan in Comparative Perspective
John Ohnesorge

5. Judicial Strategies and the Political Question Doctrine: An Investigation into the Judicial Adjudications of the East Asian Courts
Jiunn-rong Yeh

6. The Ideas of “Rights” in the “East” and “West” and Their Continued Evolution: A Case Study on Taxpayer’s Rights in Taiwan
Chi Chung

Part III. Mutual Influence and Interaction in Constitutional Law and Fundamental Rights

7. Comparative Discourse in Constitution Making: An Analysis on Constitutional Framers as Dialectic Agent
Wen-Chen Chang

8. Constitutional Change in Hong Kong and Taiwan in the Late Twentieth Century: A Comparative Perspective
Albert H. Y. Chen

9. Different Patterns of Applying Transitional Constitutionalism Between the Nationalists and the Communists
David K. C. Huang

10. The Presumption of Innocence Principle in the People’s Republic of China and in the West
Harro Senger

11. Privacy: A Genealogy in the East and the West
Chih-hsing Ho

12. Compulsory Motherhood Challenged and Remade in the Name of Choice: Framing the Right to Choose Under Old and New Maternalism
Chao-ju Chen

13. The Emergence of the Right to Health in Taiwan: Transplantation from the West and Its Implementation
Chuan-Feng Wu

Part IV. Mutual Influence and Interaction in International Law and Regional Governance

14. China’s Performance on International Treaties on Trade and Human Rights
Pitman B. Potter

15. The Transplantation of “Western” International Law in Republican China
Pasha L. Hsieh

16. From Accepting to Challenging the International Law of the Sea: China and the South China Sea Disputes
Jacques deLisle

17. Human Rights in ASEAN Context: Between Universalism and Relativism
Chien-Huei Wu

18. Host State’s Regulatory Change for Public Health in the Context of Different FET Formulations: US and China Investment Treaty Practices as Examples
Tsai-yu Lin

19. Protection of Indigenous Cultural Heritage in Free Trade Agreements: Issues and Challenges from a North-South Perspective
Pei-Kan Yang

20. On the Establishment of a Regional Permanent Mediation Mechanism for Disputes Among East and Southeast Asian Countries
Chang-fa Lo

Part V. Mutual Influence and Interaction in Specific Substantive Laws

21. The Universality of Good Faith and Moral Behaviour: A Challenge for the Principles of Asian Contract Law
Mary E. Hiscock

22. Coordinating Matrimonial Property Regimes Across National Borders: Israeli and Comparative Perspectives
Talia Einhorn

23. Risk Assessment in the European Food Safety Authority and Its Lessons for Taiwan
Der-Chin Horng

24. The Limit of Regulatory Borrowing: “Cocktail Therapy” Reforms of Food Safety Law in Taiwan
Ching-Fu Lin

25. Equity Clearing and Settlement Models in the UK and Taiwan: Market Stability and Investor Protection Perspectives
Joseph Lee

26. Envisaging an East Asian Model of Corporate Governance: A Developmental State Perspective
Yueh-Ping (Alex) Yang

27. Patent Right in China: Influences from the West and China’s Responses
Tsai-fang Chen

28. Reinventing Clinical Legal Education: Taiwanese Adaptation of an American Model
Serge A. Martinez

Part VI. Mutual Influence and Interaction in Dispute Settlement Mechanisms and Practices

29. How Confucianism Asserts Itself in Modern ADR Development in East Asia: A Revisit
Nigel N. T. Li, Angela Y. Lin

30. Beyond the “Harmonious Confucian”: International Commercial Arbitration and the Impact of Chinese Cultural Values
Joshua Karton

31. Significant Differences in International Arbitration in the “East” and the “West”: Myth, Reality, or Lost in Globalization?
Stephan Wilske

32. A Bad Compromise Is Better than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation
Hong-Lin Yu

33. Taming the Unruly Horse? The New York Convention’s Public Policy Exception to the Enforcement of Arbitral Awards
Winnie Jo-Mei Ma, Helena Hsi-Chia Chen

Keywords: Law, Private International Law, International & Foreign Law, Comparative Law, Constitutional Law, Sources and Subjects of International Law, International Organizations, Human Rights