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The United Kingdom’s idea to adopt a stewardship code sparked a global shareholder stewardship movement. Unsurprisingly, Singapore as a corporate governance leader in Asia, adopted a stewardship code. Based on a superficial textual analysis, the Singapore Code appears to be a near carbon copy of the UK Code. However, this Article, which provides the first in-depth comparative analysis of stewardship in Singapore, demonstrates how Singapore has turned the UK model of stewardship on its head. Rather than enhancing the shareholder voice of institutional investors, shareholder stewardship has been used in Singapore as a mechanism for entrenching its successful state-controlled and family-controlled system of corporate governance. This development has been entirely overlooked by prominent international observers and would be beyond the wildest imaginations of the original architects of the UK Code. Viewed through an Anglo–American lens, this use of “stewardship” may suggest that Singapore has engaged in a corporate governance sham. However, this Article argues the opposite: it appears to be a secret to Singapore’s continued corporate governance success and provides a much-needed Asian (as opposed to Anglo–American) model of good corporate governance for Asia.
Within less than twenty years the idea of shareholder stewardship has become a global phenomenon. In 2010, the United Kingdom released the world’s first stewardship code to cure what was perceived to be the UK’s primary corporate governance malady: rationally passive institutional investors in a country characterised by a dispersed ownership structure. Today, UK-style stewardship codes exist in 20 jurisdictions, on 6 continents, and are embedded in a panoply of legal systems, shareholder markets, and corporate cultures. This introductory Chapter to the Global Shareholder Stewardship edited book explains why shareholder stewardship around the world is far more complex than the existing literature suggests and how this complexity impacts current theories and existing practices. To explain complexity, the Chapter provides a loose taxonomy of global shareholder stewardship and examines stewardship from multiple perspectives. This complexity, which has largely been overlooked in the literature, creates distinct varieties of stewardship. Based on the distinct varieties of stewardship in jurisdictions around the world, this Chapter concludes by illuminating the challenges and possibilities of global shareholder stewardship. The taxonomy also serves as a useful lens for observing the common themes and points of intersection that make the whole of this Book greater than the sum of its individual Chapters.
Stewardship codes as they originated in the UK focus on the role and function of institutional investors. Yet in Asia, where institutional investors play a much less dominant role, stewardship codes have also become popular. This Chapter explores why and what this means for comparative corporate governance. By showing how stewardship codes perform diverse, jurisdiction-specific functions in Asia, this Chapter reveals the utility of stewardship codes as a malleable vehicle for advancing political agendas and halo signalling. It also shows that, contrary to prevailing assumptions, UK-style stewardship codes have not been ‘transplanted’ in both form and function. Rather, Asia exhibits ‘faux convergence’a distinctive form of functional divergence within superficial formal convergence, and which challenges and adds to scholarly understanding of convergence as a global corporate governance phenomenon.
Chapter 28 provides an overview history of translation and interpreting activity through the second millennium in Africa, the Americas (the ‘New World’), Asia (China, India, Japan, Turkey) and the Old World. The chapter concludes with a section on the twentieth century that links the professionalization of translation, terminology and interpretation with the development of transnational organizations (e.g. UNESCO: The United Nations Educational, Scientific and Cultural Organization) and supranational unions (e.g. the European Union) in the aftermath of World War II, along with continued globalization and technological progress.
Chapter 11 offers historical reflections on the role that translation has played in comparative literature as a discipline in Europe and in East Asia. It examines current scholarship to cast light on the relationship between translation and comparative literature and the polemics that this relationship has sparked. It argues for a diversified view of translation and comparative literature that acknowledges not one but many conceptualizations of their interrelations.
This Special Issue highlights the most recent socio-legal research related to the mitigation, if not the elimination, of the threat of anthropogenic disasters in Asia and beyond. The drafts of these papers were originally presented at the Presidential Session on “The Anthropocene and the Law in Asia” at the Fourth Asian Law and Society Association (ALSA) Conference held in the vibrant city of Osaka, Japan in December 2019. The timing of this particular session, the first of its kind to be held at an ALSA Conference, turned out to be somewhat prophetic, in that two anthropogenic catastrophes—the historic zoonotic pandemic and the cataclysmic wild bushfires—had just begun to strike in December in Wuhan, China and in New South Wales, Australia, respectively. The novel coronavirus pandemic would kill more than 1 million people in the following months, after infecting more than 40 million across the globe. The Australian wild bushfires killed and displaced more than 3 billion animals, becoming the worst wildfire ever recorded in the world. Since that last ALSA Conference in December 2019, multiple anthropogenic disasters have hit various regions in Asia and across the world. The papers in this Special Issue examine various impacts of anthropogenic disasters and propose innovative socio-legal strategies to mitigate them. Included are arguments for the proposal of new legal education curricula and innovative pedagogy on environmental law and the exploration of an international multidisciplinary teaching framework in reconsidering and reshaping human-centric legal education. Also proposed is the development of a robust Earth Jurisprudence based on the adoption of the Rights of Nature principles, while moving away from the Euro-American exploitive view of nature as commodified properties. Additionally proposed is the establishment of a land-based, topological jurisprudence that incorporates the nuanced narratives of indigenous voices in dealing with the threat of human-induced ecological and environmental disasters in the years ahead.
The scale and urgency of the consequences of the Anthropocene for human civilization call for comprehensive responses from human societies. As leaders in law, law schools have a role in helping their respective societies respond to the impacts of the Anthropocene. The present analysis discusses potential approaches to help law schools in Asia integrate the Anthropocene into their legal education curricula. Drawing upon existing legal education literature regarding issues of content, teaching tools, curriculum placement, and subject status as a law topic, the analysis explores the potential issues facing law schools in the adoption of the Anthropocene as a component of learning. The analysis then addresses the particular contextual sociocultural, economic, and political circumstances likely to challenge the integration of the Anthropocene into Asian law schools. The conclusion finishes with directions for future research.
Compared to other primate groups, molecular genetic data for colobines are still limited and much of their phylogenetic relationships, particularly within genera, remain unknown. In recent years, however, more molecular genetic work has been done and revealed interesting and unexpected insights into colobine evolution. In this chapter, we review the current knowledge about colobine phylogeny and phylogeography, and present and discuss results from published and unpublished mitochondrial sequence data.
Fossil colobines are found in Africa, Asia, and Europe and as far back as over 12 million years ago. They are known from paleontological sites that extend well beyond their current range to northern Europe and Asia. In the late Miocene (10 – 5 Ma) they are quite rare but show a pattern of steadily increasing diversity. By Pliocene times they are considerably more diverse than today in terms of number of genera. They also span a greater range of body sizes extending from some similar to extant colobines up to at least three lineages that probably exceeded 40 Kg. Dental morphology, microwear analysis, and stable isotopes of carbon and oxygen further suggest that they had a range of diets, many likely different than extant colobines. Postcranial morphology suggests a wider range of locomotor modes as well. Finally, many seemed to have occupied more open, seasonal, and varied habitats than extant forms.
There have been increasing and stronger calls for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale that would include major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing amongst others that in so doing uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. That commercial law has come under the lens as a particularly suitable candidate for harmonization is, in a sense, unsurprising. It is for one ostensibly seen as a technical and relatively uncontroversial area of law, as opposed, for instance, to public law. For another, or probably for that precise reason, this area has been the historical choice for attempts at harmonizing substantive law – think of the CISG, the UCC in the United States or the recently proposed CESL in the European Union. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia.
In this chapter, I give an overview of the taxonomic classification of living colobine monkeys, primate subfamily Colobinae. With ten genera, 78 species and 124 taxa (species and subspecies) currently recognized, colobines are one of the most diverse primate subfamilies. Here, I follow the taxonomy proposed by Mittermeier et al. and Rowe and Myers, and discuss taxonomic changes over the last 50 years. Although our knowledge on colobine diversity and evolution increased considerably in recent decades, the current taxonomic classification of colobines should be regarded as preliminary and further changes will be required when additional data on ecology, behaviour, morphology and genetics become available. However, besides the need of additional biological data we need also to agree on how to classify colobine diversity (i.e. which species concept is applied) in order to establish a refined and broadly acceptable colobine taxonomy.
In this global and comparative study of Pacific War incarceration environments we explore the arc of the Pacific Basin as an archipelagic network of militarized penal sites. Grounded in spatial, physical and material analyses focused on experiences of civilian internees, minority citizens, and enemy prisoners of war, the book offers an architectural and urban understanding of the unfolding history and aftermath of World War II in the Pacific. Examples are drawn from Australia, New Zealand, Singapore, Japan, and North America. The Architecture of Confinement highlights the contrasting physical facilities, urban formations and material character of various camps and the ways in which these uncover different interpretations of wartime sovereignty. The exclusion and material deprivation of selective populations within these camp environments extends the practices by which land, labor and capital are expropriated in settler-colonial societies; practices critical to identity formation and endemic to their legacies of liberal democracy.
There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
The Glasgow Coma Scale (GCS) was devised in 1974 as a way of tracking the progress of neurosurgical coma patients. It is comprised of three components: eye movement, response to verbal commands, and motor function. Since then, it has become the primary tool in Emergency Medical Services (EMS) and emergency departments for assessing cognitive function and triaging patients in the setting of acute trauma. However, the GCS was never intended to be used in such a way. It has been demonstrated that there is a high degree of inter-rater variability when assigning GCS scores for trauma patients. Potential differences in GCS score assignments between different countries were examined. It was hypothesized there would be differences in mean total and component scores.
Using de-identified data from the Pan-Asian Trauma Outcomes Study (PATOS), the distributions of GCS scores from six countries were assessed: Japan, Korea, Malaysia, Taiwan, Thailand, and Vietnam. Using SPSS data analysis, a one-way ANOVA and Bonferroni post-hoc tests were performed to compare the means of the three GCS components and the total GCS scores reported by EMS personnel caring for trauma patients.
Data from 15,173 cases showed significant differences in mean total GCS score between countries (P <.001) as well as in mean component GCS scores (P <.001 for each of eye, verbal, and motor). Post-hoc tests showed that EMS personnel in Korea assigned significantly lower scores compared to all other countries in both component and total GCS scores. Field personnel in Japan, Malaysia, and Vietnam assigned the highest scores and significantly differed from the other three countries on component and total scores; Thailand and Taiwan had similar scores but significantly differed from the other four countries on component and total scores. Visual inspection of mean component and total GCS score histograms revealed differences in score assignment patterns among countries.
There are a number of significant differences in the mean total and component GCS scores assigned by EMS personnel in the six Asian countries studied. More investigation is necessary to determine if there is clinical significance to these differences in GCS score assignments, as well as the reasons for the differences.
The Anthropocene epoch, characterized by human-caused planetary-scale transformations like climate change and ocean acidification, today is usually associated with the period beginning in the mid-twentieth century. Taking an oceanic perspective on the Anthropocene in Asia, the article argues that oceanic and terrestrial energy regimes synchronized since the 1950s when, for the first time in history, oceanic ghost acres turned marine spaces into a major fuel source. Despite global connections between offshore oil regions located in North America, Asia, and other places going back to the late nineteenth century, Asia’s contingent offshore oil field locations and their physical geographies, combined with political factors, inhibited large-scale offshore drilling before the 1950s. These characteristics of marine spaces meant that Asian political elites and their developmentalist agendas became the guiding force in exploring offshore fields, a process that was hardly dominated by corporate capitalism or structural choice limitations due to the legacies of colonialism.
The Tricontinental Revolution provides a major reassessment of the global rise and impact of Tricontinentalism, the militant strand of Third World solidarity that defined the 1960s and 1970s as decades of rebellion. Cold War interventions highlighted the limits of decolonization, prompting a generation of global South radicals to adopt expansive visions of self-determination. Long associated with Cuba, this anti-imperial worldview stretched far beyond the Caribbean to unite international revolutions around programs of socialism, armed revolt, economic sovereignty, and confrontational diplomacy. Linking independent nations with non-state movements from North Vietnam through South Africa to New York City, Tricontinentalism encouraged marginalized groups to mount radical challenges to the United States and the inequitable Euro-centric international system. Through eleven expert essays, this volume recenters global political debates on the priorities and ideologies of the Global South, providing a new framework, chronology, and tentative vocabulary for understanding the evolution of anti-imperial and decolonial politics.
This chapter provides a high-level comparative overview of how states around the world have regulated hybrid processes (med-arb or arb-med) involving the same neutral. Drawing on a database of national mediation and arbitration laws from 195 jurisdictions, it elicits broad regulatory patterns and seeks to determine whether they can be explained by reference to geographic region, legal tradition or a state’s level of development (measured by income level). The findings show that fewer than half of all jurisdictions surveyed legislate around same neutral hybrid processes. Of those that do, most are concentrated in Africa and Asia. Common law jurisdictions are less likely than civil law jurisdictions to regulate in this space, but when they do, they tend to be more thoughtful and innovative.
Although it is often said that combining mediation and arbitration using the same neutral is widely accepted in Continental European, Latin American, and Eastern Asian cultures, this is only somewhat borne out by national legislation. Assuming lawmaking mirrors culture, the study’s findings lend qualified support only to the idea that Eastern Asian cultures are receptive to same neutral arb-med.
This chapter discusses the return decision-making process for Asian scientists trained in the West, to understand the factors driving the recent increase in return migrations. The factors which influence Asian scientists’ return decisions are organized along three axes of influence:
1. Integration, meaning the degree of social exclusion and cultural belonging Asian scientists experienced in the West, compared to what they imagined they would feel back in Asia
2. Familial obligation to their parents (often still in Asia) versus an obligation to their spouse and their children (in the West)
3. Ambition, which references their particular scientific and professional goals for themselves as individual scientists versus as citizens pursuing science for their country.
This chapter shows how ambitious Asian scientists may now choose to return to Asia because they believe that they can better fulfill their personal research goals in Asia. The chapter also introduces alternative return migration arrangements that are emerging, including leaving the West and moving to an Asian country other than one's birth country, as well as establishing a transnational, split-household arrangement.
Where is the Pacific in colonial American literary studies? Nowhere, according to our anthologies, literary histories, syllabi, and scholarship, which all seem to agree that the Pacific enters American literary studies only well after the colonial period. This chapter provides an overview of scholarship on the colonial Pacific to suggest what it looks like, why it is important, and how we might begin to incorporate it into our literary histories. It insists on the inclusion of Indigenous literary and political histories from the Pacific and on recognizing the long and complicated intersection of these with Chinese and other Asian trade histories as well as with European empire and commerce. These contexts are crucial for shaping the recovery, integration, and understanding of Pacific texts into a global American literary history. Our literary anthologies and histories – and the narratives they implicitly or explicitly tell – need to reach into Indigenous, international, and multilingual colonial pasts. The story of America we currently tell and teach is a very different one than it would be if we included the colonial Pacific; this chapter provides some initial building blocks from which to construct a new, critical, transoceanic narrative for early American literary studies.
This chapter examines the impact of recruitment fees and debt in intra-Asian labour migration. It explores the connection between financial decisions taken during recruitment at origin and the legal protection of migrants at destination. The link between these temporal and spatial dimensions is often overlooked in literature, particularly from a legal perspective. The chapter analyses data on Asian countries to characterize existing recruitment models and the policy responses to address them. The purpose is to design a comprehensive response to the negative externalities of the prevalent recruitment model in Asia. The chapter presents legal perspectives and conceptualizations applied to recruitment fees in literature. It identifies the recruitment fees’ structure and presents the typology of fees charged to migrant workers. It analyses the consequences of migration financing methods in the creation of a cycle of debt. Finally, it reflects on how migration-related debt is shaped and which forces contribute to its lastingness. In its concluding remarks, the chapter advocates a holistic approach, encompassing the legal and economic features of the recruitment process.