This open access book examines the conflict of law rules in East Asian states, with a focus on the laws in China and Japan but looking also at South Korea. Beyond a description of the substance of the current law, the book highlights the evolution these jurisdictions have undergone since being adopters of rules developed in European and North American legal systems. As evidenced by recent modernisations in their private law regimes, East Asian states are now innovators, creating rules that are more suited to the local concerns. Significantly, the new approaches to private international law taken by China and Japan are themselves being adopted by other jurisdictions, shifting the locus of influence in this important area of law.The chapters in parts one and two give a contextual overview of the legal regimes of China, Japan, and South Korea and a more in-depth view of the rules on private international law. This will foster a deeper understanding of how the systems are changing to better fit the particular national approaches to law. Part three provides a detailed look at the conflict rules relevant to commercial law, specifically as regards international jurisdiction of courts, while Part four examines the rules applying to family law and succession law.Written in an easily accessible style, the book is a valuable resource for scholars as well as practitioners of East Asian law, private international law, and comparative law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com .>

Autorentext
Olivier Gaillard is a judge in Switzerland and Senior Lecturer at the University of Geneva.Krista Nadakavukaren Schefer is Vice Director at the Swiss Institute of Comparative Law, Switzerland.

Inhalt

1. Introduction, Olivier Gaillard (Swiss Institute of Comparative Law, Switzerland) and Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law, Switzerland) Part One: Introduction to East Asian Legal Systems 2. Legal System in China, Harro von Senger (University of Zürich, University of Freiburg, and Swiss Institute of Comparative Law, Switzerland) 3. Legal System in Japan, Béatrice Jaluzot (Institut d'Asie orientale, France) 4. Influence of Japanese Law on Korean Law, Marie Kim (St Cloud State University, USA) Part Two: New Developments in Private International Law in East Asia 5. New Developments of Private International Law in China, Jin Huang (China University of Political Science and Law, China) 6. New Developments of Private International Law in Japan, Yuko Nishitani (Kyoto University, Japan) 7. The 1965 Basic Treaty: Obstacle to Normal Relations Between South-Korea and Japan?, Samuel Guex (University of Geneva, Switzerland) Part Three: Courts, Rules and Agreements 8. China's International Commercial Court: Background, Innovation and Challenges, Xiangshun Ding (Renmin University, China) 9. Choice-of-Court Agreements in Japanese Conflict of Laws, Dai Yokomizo (Nagoya University, Japan) Part Four: Family and Inheritance Law 10. New developments in Family Law in East Asia, Geraldine Goh Escolar (Hague Conference on Private International Law) 11. New Development of Chinese PIL in the Area of International Family Law, Weizuo Chen (Tsinghua University, China) 12. Some Issues of International Family Law in Japan, Mari Nagata (Osaka University, Japan) 13. The Applicable Law in Succession Matters in China, Japan and South Korea: Three Different Approaches, Olivier Gaillard (Swiss Institute for Comparative Law, Switzerland) 14. Conclusion, Olivier Gaillard (Swiss Institute of Comparative Law, Switzerland) and Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law, Switzerland)