Past LAWASIA Journals

LAWASIA Journal 2007 Edition

AU$70.00 (+10% for Australian Residents) AU$15.00 Postage and handling fee also applies The 2007 LAWASIA Journal is published in association with the TC Beirne School of Law and the Centre for Public, International and Comparative Law of The University of Queensland. The LAWASIA Journal contains scholarly writings and reports on legal developments in the Asia Pacific Region. This Edition includes the following articles and book reviews:

Refereed Articles

• Jahid Hossain Bhuiyan: Access to Justice for the Impoverished and Downtrodden Segments of the People through Public Interest Litigation: A Bangladesh, India and Pakistan

• Mushera Ambaras Khan: An Analysis of Mandatory Bid Rule in Malaysia and the Proposed Mandatory Bid Rule in Australia

• Kirsty Richardson: Can the Characteristics of Judicial Independence Be Defined and Measured? An Australian Perspective

• Andrew Terry and Zhiqiong June Wang: China's Long March to a Franchise Law: the 2007 Franchise Regulation

• Shanthy Rachagan: The Agency Problem of Related Party Transactions and the Legal Strategies Used to Resolve it in Controlled Companies in Malaysia

• Jonathan Greenacre: The Challenges of Election Regulation in Fedgling Democracies

• Steven Thiru and Ben Dawson: The Lina Joy Case and the Future of Religious Freedom in Malaysia

• Qiao Liu: The Chinese Property Rights Law: Old Wine in a New Bottle?

• Ruwan Wathukarage: Independence of Judiciary in Sri Lanka - An Institutional Analysis of its Woes

Book Reviews

• Introduction to South Pacific Law by Anthony Angelo

• Raising the Bar: Legal Profession in East Asia by Francesca Bartlett

• Globalisation and Resistance: Law Reform in Asia since the Crisis by Ann Black

• Chinese law: A language Perspective by Nicholas Lingard

• Commercial Law and Practice in the South Pacific by Lindsey Trotman

Family Law and Human Rights

• Scrutinising the Legal Aspects of Polygamy in Iran by Ahad Gholizadeh

LAWASIA Journal 2006 Edition

 2006 LAWASIA Journal articles:

• Miranda Forsyth: Sorcery and Criminal Law in Vanuatu

• Frances Gibson and Francine Rochford: When a Stranger Calls: Guidelines for Legal Services on Websites, Phone or E-mail

• Vanitha Sundra Karean: The Malaysian Constitution and Its Identity Crisis – Secular or Theocratic?

• David Yiping Lu: An Historical Review and Analysis: The Chinese Judiciary from the Revolution of 1949 to date

• Simon Marsden: Constitutional Interpretation in Hong Kong: Do Common Law Approaches Apply

• When the National People’s Congress Standing Committee Interprets the Basic Law?

• Leah Mauger and Natalie P Stoianoff: Protecting Australia’s Trade Mark Interests Through the Australia-China Free Trade Agreement

• Ashgar Ali Ali Mohamed and Dato’ Tan Yeak Hui: Mediation/Conciliation in the Malaysian Courts: with Specific Emphasis on Settlement of Labour Disputes

• Muhammad Amir Munir: Family Courts in Pakistan in Search of “Better Remedies” for Women and Children

• Athaulla A Rasheed: The Relationship Between Economic Transition and Constitutional Government: the Experience of the Republic of Maldives

LAWASIA Journal 2005 Edition

• Kent Anderson: Do We Really Need a Regional Insolvency Pact in Australasia?: A Reply to an Asian Development Bank Proposal

• Peter Butt: Plain Language in Property Law

• Sue Farran: Human Rights in the Pacific Region - Challenges and Solutions

• Geoffrey Fisher: Sharia Law and Choice of Law Clauses in International Contracts

• Yasushi Higashizawa: When Will Justice be Realised?

• Margaret Jackson: Board Confidentiality

• Gregory Rose and Diana Nestorovska: Terrorism and National Security Intelligence Laws: Assessing Australian Reforms

• Aiman NarimanMohd Sulaiman: A Cross-Jurisdictional Study of Financial Assistance Provisions and Proposals - Convergence of Concepts?

   

LAWASIA Journal 2003/2004 Edition

 Articles featured in the journal include:

• Terry Carney: Aged Capacity and Substitute Decision-Making in Australia and Japan

• Patrick Keyzer: The Executive Pardon of Barak Sope; The Struggle for Constitutional Standards in the Republic of Vanuatu

• Suri Ratnapala: Sri Lanka at the Constitutional Crossroads; Gaulist Presidentialism, Westminster Democracy or Tripartite Separation of Powers?

• Andrew Terry: Franchise Sector Regulations; The Australian Experience

• Lisa C Toohey: WTO-Oriented Telecommunications Regorm in the Socialist Republic of Vietnam

• Stanley Yeo: Situating Automatism in the Penal Codes of Malaysia and Singapore

LAWASIA Journal 2002 Edition - no longer in print

Featuring seven (7) articles relating to the Asia Pacific region, the LAWASIA Journal 2002 also features reports from the LAWASIA Business Law section and the LAWASIA Judicial Law section. This issue contains Country Notes from Australia, China, Fiji, Hong Kong SAR, India, Japan, Korea, Malaysia, New Zealand, Pakistan, Singapore, Sri Lanka and Thailand. The Supreme Court building in Christchurch is featured on the front cover. Christchurch was the host city to the 17th LAWASIA Biennial Conference held in October 2001.

Articles included are:

• Herbert V Morais: The War Against Money Laundering, Terrorism, and the Financing of Terrorism

• Martin Flynn & Rebecca La Forgia: Australia's Pacific Solution to Asylum Seekers

• Wu Min Aun: Anwar Ibrahim; Epilogue

• Jean G Zorn & Jennifer Corrin Care: Everything Old is New Agains; The Underlying Law Act of Papua New Guinea

• Stephen Gray: Skeletal Principles in Malaysia's Common Law Cupboard; The Future of Indigenous Native Title in Malaysian Common Law

• Abdul Aziz Bari: Constitutional Bases for Affirmative Action - Comparing the Malaysian Position with that of India and the United States.

• R Gengatharen: Malaysian E-Commerce Law; Time for Change

LAWASIA Journal 2000/2001 Edition - no longer in print

Published in association with the Northern Territory University School of Law and the Centre for Southeast Asian Law, the LAWASIA Journal 2000/2001 contains eight (8) articles from the Asia Pacific region. It also contains Country Notes from China, Fiji, Hong Kong SAR, Korea, Malaysia, New Zealand, and Thailand. Reports have been provided by the Business Law section, General Practice section, Energy section, Family Law & Family Rights section, and the Judicial Law section. The photo on the cover is of the Supreme Court building, Singapore, where the 4th LAWASIA Business Law Conference was hosted.

Articles included are:

• R H Hickling: More Stately Mansions

• H P Lee: Judges and Constitutional Government

• Wu Min Aun: Anwar Ibrahim; The Fall and Fall of a Favoured Son

• The Hon David K Malcolm AC: Judicial Reform in the 21st Century in the Asia Pacific Region

• Kirsten Sayers: Taming the Tiger; Towards a new Intellectual Property Regime in Thailand

• Carolyn Wah: Alternative Non-Military Civilian Service; Constitutional Guarantee or Political Expediency?

• Justice Michael Moore: The Role of Specialist Courts - An Australian Perspective

• E P Aughterson: Pursuing Fugitives Across National Boundaries; State Sanctioned Abduction and the Rule of Law

LAWASIA Journal 1999 Edition - no longer in print

The 1999 LAWASIA Journal contains (8) high quality articles from the Asia Pacific region which are enhanced by Section reports from LAWASIA's (5) Sections and country reports from a range of LAWASIA member countries. Again produced by the Faculty of Law, Business and Arts and Centre for Southeast Asian Studies at the Northern Territory University, the 1999 Journal continues in the new format and features the Supreme Court of Korea (venue for the 16th LAWASIA Biennial Conference in 1999) on the cover.

Articles included are:

• Michael Hor: Civil Disobedience and the Licensing of Speech in Singapore

• R Gengatheren: Destabilising Financial Blows- Are Capital Controls the Solution?

• Peter Wesley-Smith: Hong Kong's First Post-1997 Constitutional Crisis

• The Hon D K Malcolm, AC: Human Rights & Asian values: Developments in Southeast Asia

• Stephen Gray: One Country, Many Laws: Towards Recognition of Aboriginal Customary Law in the Northern territory of Australia

• Sean R Thornton: An Examination of the Compatibility and Effectiveness of the Foreign Legal Systems Partially Adopted in Japan

• Jennifer Corrin Care: Courts in the Solomon Islands

• M J Le Brun: Regionalising (Internationalising?) Law Teaching Through Staff Development Initiatives and Institutional Co-operation: Learning from Experience

LAWASIA Journal 1998 Edition - no longer in print

Published in a revitalised, new format in association with the then Faculty of Law and the Centre for Southeast Asian Studies at the Northern Territory University, Australia, this 270 page journal provides in-depth analyses of current legal issues. The publication features 11 articles as well as reports from LAWASIA's Section Committees and Member Countries.

Articles included are:

• Elsie Leung: Legal Developments in the Hong Kong Administrative Region

• Alice de Jonge: Red Chip Boom: H-share Bust: Can the Chinese Legal System Cope? Solving Cross-Border Insolvency Problems in the New HKSAR-PRC Relationship

• Simon S C Tay: South East Asian Fires and Haze: Law, Responsibility and Cooperation

• Antonio A Oposa: Setting the Course for Environmental Citizen Suits in the Philippines

• Graham Hassall: Observing the 1998 Cambodian General Election

• Christopher Ward & Alice Duxbury; Perspectives on the Asian Human Rights Charter

• Stuart Gilman: Law & Implementation of Ethics Systems in the United States: One Step Towards Controlling the Cancer of Corruption

• Gillian Triggs: Timor Gap Treaty Between Australia - Indonesia: Straddle deposits Expose Legal Issues

• R Gengatheren: The Suitability Rule: How Suitable is It for Derivatives?

• Murali Neelakantan: Conciliation and Alternative Dispute Resolution (ADR) in India

• Peter W Jones: International Software Sales via Internet

Articles featured in the Journal include: