This insightful open access volume offers a robust exploration of East Asia’s evolving role in private international law (PIL), emphasizing how imitation, innovation, and exportation shape the continent’s approach. Spanning 15 focused chapters, the book expertly navigates the complex interplay between historical influences and contemporary developments in China, Japan, South Korea, and Taiwan.
Central to the authors’ analysis is the premise that East Asian PIL has evolved primarily through imitation before transitioning into a phase of innovation and eventual exportation. The book notably underscores how Chinese PIL historically borrowed heavily from American, English, and Japanese texts during the late 19th and early 20th centuries, before more recently drawing inspiration from German, Swiss, Japanese, European Union, and Hague Conference frameworks. This intricate blend has allowed China to craft a unique legal identity, notably through the adoption of habitual residence as a connecting factor in personal law, substantially moving away from the nationality principle common in civil law traditions.
The volume’s second part, a descriptive and analytical account of the distinct legal systems within China, Japan, South Korea, and Taiwan, is particularly compelling. It elucidates China’s diverse legal landscape: Hong Kong’s English common law roots, Macao’s Portuguese continental heritage, Taiwan’s American and German influences, and the core People’s Republic of China’s Marxist-Leninist foundation. The synthesis of these diverse systems provides China with a versatile legal framework, which is increasingly influential globally, and exemplified by its International Commercial Court, signalling China’s intent to export its legal standards and assert regional and global leadership.
Japan’s historical borrowing from European (especially German) law, and its subsequent influence on Taiwanese and South Korean PIL forms another significant focus. The book adeptly highlights Japan’s role in exporting its PIL during colonization, an influence still perceptible in modern-day Taiwanese and South Korean legal structures. Particularly noteworthy is Kim’s observation regarding the resilience of South Korean customs, resisting foreign influences in deeply personal matters such as succession. In its treatment of modern innovations, the author emphasizes how Japan and South Korea selectively incorporate principles from European Union instruments, notably Rome I, enhancing protections for weaker contractual parties, including employees and consumers. Yokomizo’s proposition for Japan to redefine the concept of “weaker parties” and excluding affluent individuals while embracing smaller businesses, is an innovative recommendation poised for broader Asian adoption.
Additionally, this review critically examines Hong Kong’s distinctive role as a common law jurisdiction within China. Although the extent to which Hong Kong has exported its PIL principles remains debatable, the adoption of the forum non conveniens doctrine in mainland China and, more recently, in South Korea highlights subtle yet notable common law influences permeating East Asian conflict of laws. It is also noteworthy that China presently applies the common law principle of anti-suit injunctions.
The book also addresses contemporary American influences on South Korean law, particularly evident in its recent embrace of treble damages, facilitating recognition and enforcement of American judgments domestically. This highlights South Korea’s openness to evolving its commercial legal doctrines, positioning it at an interesting crossroads between East Asian traditions and American legal principles.
Overall, the book masterfully illustrates how imitation, innovation, and exportation dynamically interact to define PIL in East Asia, presenting a valuable resource for scholars, practitioners, and policymakers interested in the region’s cross-border legal evolution. Additionally, its comparative insights would significantly benefit the ongoing development and reform of PIL in Africa.
Competing interests
None.