目次

Part I: Introduction.- Chapter 1: Introduction to the Book – Interaction and Mutual Enrichment between the East and the West.- Chapter 2: Introduction of Professor Ma – Herbert Ma and the Arc of Taiwan’s Progress.- Part II: Mutual Influence and Interaction in Legal Regimes and Practices.- Chapter 3: The Triumph (?) of Western Law: A Contemporary Perspective.- Chapter 4: How Can We Know What We “Know” about Law and Development? - The importance of Taiwan in Comparative Perspective.- Chapter 5: Judicial Strategies and the Political Question Doctrine - An Investigation into the Judicial Adjudications of the East Asian Courts.- Chapter 6: The Ideas of “Rights” in the “East,” “West,” and Their Continued Evolution — A Case Study on Taxpayer’s Rights in Taiwan.- Part III: Mutual Influence and Interaction in Constitutional Law and Fundamental Rights.- Chapter 7: Comparative Discourse in Constitution Making: An Analysis on Constitutional Framers as Dialectic Agent.- Chapter 8: Constitutional Change in Hong Kong and Taiwan in the Late Twentieth Century - A Comparative Perspective.- Chapter 9: Different Patterns of Applying Transitional Constitutionalism between the Nationalists and the Communists.- Chapter 10: The Presumption of Innocence Principle in the People’s Republic of China and in the West.- Chapter 11: Privacy - A Genealogy in the East and the West.- Chapter 12: Compulsory Motherhood Challenged and Remade in the Name of Choice - Framing the Right to Choose under Old and New Maternalism.- Chapter 13: The Emergence of the Right to Health in Taiwan: Transplantation from the West and Its Implementation.- Part IV: Mutual Influence and Interaction in International Law and Regional Governance.- Chapter 14: China’s Performance of International Treaties on Trade and Human Rights.- Chapter 15: The Transplantation of “Western” International Law in Republican China.- Chapter 16: From Accepting to Challenging the International Law of the Sea?: China and the South China Sea Disputes.- Chapter 17: Human Rights in ASEAN Context - Between Universalism and Relativism.- Chapter 18: Host State’s Regulatory Change for Public Health in the Context of Different FET Formulations - U.S. and China Investment Treaty Practices as Examples.- Chapter 19: Protection of Indigenous Cultural Heritage in Free Trade Agreements - Issues and Challenges from a North-South Perspective.- Chapter 20: On the Establishment of a Regional Permanent Mediation Mechanism for Disputes among East and Southeast Asian Countries.- Part V: Mutual Influence and Interaction in Specific Substantive Laws.- Chapter 21: The Universality of Good Faith and Moral Behaviour: A Challenge for the Principles of Asian Contract Law.- Chapter 22: Coordinating Matrimonial Property Regimes across National Borders – Israeli and Comparative Perspectives.- Chapter 23: Risk Assessment in the European Food Safety Authority and Its Lessons for Taiwan.- Chapter 24: The Limit of Regulatory Borrowing: “Cocktail Therapy” Reforms of Food Safety Law in Taiwan.- Chapter 25: Equity clearing and settlement models in the UK and Taiwan: Market stability and Investor Protection Perspectives.- Chapter 26: Envisaging an East Asian Model of Corporate Governance: A Developmental State Perspective.- Chapter 27: Patent Right in China — Influences from the West and China’s Responses.- Chapter 28: Re-inventing Clinical Legal Education: Taiwanese Adaptation of an American Model.- Part VI: Mutual Influence and Interaction in Dispute Settlement Mechanisms and Practices.- Chapter 29: How Confucianism Asserts Itself in Modern ADR Development in East Asia—A Revisit.- Chapter 30: Beyond the “Harmonious Confucian”: International Commercial Arbitration and the Impact of Chinese Cultural Values.- Chapter 31: Significant Differences in International Arbitration in the “East” and the “West”: Myth, Reality, or Lost in Globalization?.- Chapter 32: A Bad Compromise Is Better Than a Good Lawsuit – Mutual Influence Between the East and the West on Mediation?.- Chapter 33: Taming the Unruly Horse? The New York Convention’s Public Policy Exception to the Enforcement of Arbitral Awards.