Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

First comparative study of women judges in the Asia-Pacific based on empirical socio-legal research.

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

This volume analyzes the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions.

This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.

This important report was issued by the Department of Defense in June 2019. The Indo-Pacific is the Department of Defense's priority theater. The United States is a Pacific nation; we are linked to our Indo-Pacific neighbors through unbreakable bonds of shared history, culture, commerce, and values. We have an enduring commitment to uphold a free and open Indo-Pacific in which all nations, large and small, are secure in their sovereignty and able to pursue economic growth consistent with accepted international rules, norms, and principles of fair competition. The continuity of our shared strategic vision is uninterrupted despite an increasingly complex security environment. Inter-state strategic competition, defined by geopolitical rivalry between free and repressive world order visions, is the primary concern for U.S. national security. In particular, the People's Republic of China, under the leadership of the Chinese Communist Party, seeks to reorder the region to its advantage by leveraging military modernization, influence operations, and predatory economics to coerce other nations. In contrast, the Department of Defense supports choices that promote long-term peace and prosperity for all in the Indo-Pacific. We will not accept policies or actions that threaten or undermine the rules-based international order - an order that benefits all nations. We are committed to defending and enhancing these shared values.China's economic, political, and military rise is one of the defining elements of the 21st century. Today, the Indo-Pacific increasingly is confronted with a more confident and assertive China that is willing to accept friction in the pursuit of a more expansive set of political, economic, and security interests. Perhaps no country has benefited more from the free and open regional and international system than China, which has witnessed the rise of hundreds of millions from poverty to growing prosperity and security. Yet while the Chinese people aspire to free markets, justice, and the rule of law, the People's Republic of China (PRC), under the leadership of the Chinese Communist Party (CCP), undermines the international system from within by exploiting its benefits while simultaneously eroding the values and principles of the rules-based order.This compilation includes a reproduction of the 2019 Worldwide Threat Assessment of the U.S. Intelligence Community. 1. Introduction * 1.1. America's Historic Ties to the Indo-Pacific * 1.2. Vision and Principles for a Free and Open Indo-Pacific * 2. Indo-Pacific Strategic Landscape: Trends and Challenges * 2.1. The People's Republic of China as a Revisionist Power * 2.2. Russia as a Revitalized Malign Actor * 2.3. The Democratic People's Republic of Korea as a Rogue State * 2.4. Prevalence of Transnational Challenges * 3. U.S. National Interests and Defense Strategy * 3.1. U.S. National Interests * 3.2. U.S. National Defense Strategy * 4. Sustaining U.S. Influence to Achieve Regional Objectives * 4.1. Line of Effort 1: Preparedness * 4.2. Line of Effort 2: Partnerships * 4.3. Line of Effort 3: Promoting a Networked Region * Conclusion