Bibliographic Information

Europe and Asia as a legal area for fundamental rights

Masahisa Deguchi, Kimio Yakushiji, editors

Springer, 2023

  • : [hardback]

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"Corrected publication 2023"--T.p. verso

Description and Table of Contents

Description

This book explores the possibility of an Asian legal sphere based on the model of Europe. It features articles written by leading experts from Europe and Asia. After centuries of violent conflicts, Europe began a process of integration which leads to 75 years of peace and a community with the common values of freedom, fundamental rights, and the rule of law. But the circumstances that lead to the unification of Europe differ from current-day Asia: Besides the huge economic gaps between neighboring countries and a wide variety of political forms of government, Asia also does not share the unifying narrative of post-WWII Europe. From an economic point of view, Asia is a highly developed region; despite the differences between the political systems, the region has grown together-economically and in recent times also politically. However, the legal systems of the respective countries have not created the necessary conditions for a peaceful coexistence. Can Europe be a model for Asia? Based on the history and development of the European unification process, this book asks the question to what extent Asia can look to Europe as a model and what lessons can be learned.

Table of Contents

Preface: Prof. Masahisa Deguchi, Ritsumeikan University (Japan) The European Union and the Council of Europe as legal area of freedom, fundamental rights and rule of law Prof.Angelika Nussberger, former Vice-President ECHR (Germany) Comment: Prof. Kimio Yakushiji, Ritsumeikan University (Japan) Peacekeeping, Protection of Human Rights, Democracy and the Rule of Law in Europe - Problems, Future Prospects and an International Role Model Prof. Rupert Scholz: University of Munich (Germany) Comment: Prof. Toru Mori, Kyoto University (Japan) BREXIT and the European Convention on Human Rights Justice Tim Eicke, Judge of ECHR (UK) The EU as a defender of the Liberal International Order and the Rule of Law Dr. Michael Reiterer, Ambassador of the European Union to the Republic of Korea, Adjunct Professor for International Politics The possibility and difficulty of establishment of an Asian Court of Human Rights Prof. Koji Tonami, Waseda University (Japan) Comment: Justice Ilwon Kang, Former Judge of Constitutional Court (Korea) Exploring the Possibility of Creating a Regional Human Rights Mechanism in Asia Prof. Seog-Yun Song, Seoul National University (Korea) Comment: Justice Tim Eicke, Judge of ECHR (UK) The "Meaning" of Places of Assembly Critical reflection on an overlooked legal concept Professor Hui-Chieh Su, National Taiwan University (Taiwan) Comment: Prof. Hidemi Suzuki, Keio University (Japan) Human Rights Limitation in the Rule of Law from Vietnam's Practice Nguyen Linh Giang, Institute of State and Law (Vietnam) Protection of personal data as property in the Chinese constitutional order Prof. XIE Libin: China University of Political Science and Law (China) Comment: Dr. Michael Pils, Taylor Wessing (Germany) The Collision of Values in Thai Constitutional Law Professor Torpong Kittiyanupong, Thammasat University (Thailand) Comment: Tim Eicke, Judge ECHR (UK) Special Lectures: Die Europaische Menschenrechtskonvention - eine Verfassung fur Europa? Prof. Angelika Nussberger, Former Vice-President ECHR (Germany) translated by Dr. Pils into English ! JZ Jahrgang 74 (2019) / Heft 9 S. 421-428 (8) *On 22 July 2020 Prof. Dr. Dr. mult. h.c. Luzius Wildhaber died in Basel. But I would like to publish his papers as a condolence.which were published in the Ritsumeikan Law Review 2009. European Union, European Convention on Human Rights and Human Rights Protection in Europe Prof. Luzius WILDHABER, former President ECHR (Schwizerland) originally published in: Ritsumeikan Law Review No. 26, 2009, p.155-161 Various Looks at the European Court of Human Rights Prof. Luzius WILDHABER, former President ECHR (Switzerland) originally published in: Ritsumeikan Law Review No. 26, 2009, p.145-153 Regional and international protection of human rights: a new prospective Jean-Paul Costa, former President ECHR (France) originally published in: Ritsumeikan Law Review No. 31, 2014, p.83-91 Protection of Human Rights by National and International Courts: A Comparison Jean-Paul Costa, former President ECHR (France) originally published in: Ritsumeikan Law Review No. 36, 2018, p.111-119 The European Court of Human Rights and the courts of the High Contracting Parties - specifically regarding the consequences of the imminent accession of the European Union to the European Convention on Human Right Prof. Birgit Daiber, Seoul National University (Germany) originally published in: Ritsumeikan Law Review No. 31, 2014, p.119-135 Human Rights Guarantees for Criminal Law and Procedure in the EU- Charter of Fundamental Rights Prof. Albin Eser: Professor D r. D r. h.c. mult. M.C.J., Director Emeritus at the Max Planck Institute of Foreign and International Criminal Law Freiburg/Germany, Former Judge at the International Criminal Tribunal for the Former Yugoslavia at the Hague/Netherlands originally published in: Ritsumeikan Law Review No. 26, 2009, p.163-190 Afterword: NN.

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