Asia-Pacific Trusts Law, Volume 4
Connections in Context
Asia-Pacific Trusts Law, Volume 4
Connections in Context
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Description
This collection explores the connections between the trusts laws of the Asia-Pacific region. It departs from the usual comparative approach, which leaves readers to draw their own lessons from surveys of individual jurisdictions. Every chapter in this collection is jointly written by scholars from different jurisdictions, paired so as to bring together legal systems which would not ordinarily be studied side by side. Spanning the region's common law, civil law, and offshore jurisdictions, the essays examine the actors within the trust, the uses to which trusts are put, the environments in which they operate, and the points at which trusts laws intersect. What emerges is that legal origin explains less than is often assumed, that jurisdictions divided by doctrine frequently converge in practice, and that the boundaries of trusts law are increasingly drawn from outside it. By engineering conversations which would not otherwise take place, this study charts a new course for comparative trusts law in the region.
Table of Contents
Part A: Trusts Actors
2. Settlor Control in Express Trust Law: Legal Boundaries and Comparative Analysis of New Zealand and Chinese Trust Laws, Mark Bennett (Victoria University of Wellington, New Zealand), Tobias Barkley (La Trobe University, Australia) and Hui Jing (University of Hong Kong, China)
3. The Nature of the Beneficiary's Interest in Private Express Trust Assets: A Comparative Analysis of Australian and Korean Law, Simone Degeling (UNSW Sydney, Australia) and Ying-Chieh Wu (Seoul National University, South Korea)
4. Bridging Legal Frameworks: Comparing the Interests of Discretionary Objects in Japan and Common Law Systems, Lusina Ho (University of Hong Kong, China) and Hitoshi Kimura (Kwansei Gakuin University, Japan)
Part B: Trusts Applications
5. Adapting Trusts Across the Straits: Estate and Care Planning for Vulnerable Individuals in Hong Kong, Taiwan, and Mainland China, Rebecca Lee (University of Hong Kong, China) and Sieh-Chuen Huang (National Taiwan University)
6. Organising REITs in Asia, Kelvin FK Low (University of Hong Kong, China), Lou Jianbo (Peking University, China), Yueh-Ping (Alex) Yang (National Taiwan University), and Mutsuhiko Yukioka (University of Tokyo, Japan)
7. The Regulation of Investment Trusts in China and Australia: The Case of 'Promised Return Trusts', Nuncio D'Angelo (Norton Rose Fulbright Australia) and Zhicheng Wu (Renmin University of China)
8. Navigating Family Office and Trust Industry Dynamics: History, Current Status, and Outlook in Hong Kong and Taiwan, Patricia Woo (Squire Patton Boggs, Hong Kong, China), Kai-Lin Faung (National Chengchi University, Taiwan) and John Kuo (Chien Yeh Law Offices, Taiwan)
Part C: Trusts Environments
9. Trusts Law as Darwin's Finches: Legal Development as an Evolutionary Process, Andy P Morriss (Texas A&M University, USA) and Matthew Harding
10. Trusts and Anti-Money Laundering/Combating the Financing of Terrorism: Lessons from Singapore and Macao, António Tam (Macau Investment and Development Ltd, China) and Jeremiah Lau (National University of Singapore)
11. Market-Driven or Government-Led? Trusts Law in Macao and Thailand, Calvin Tinlop Chui (Lektou Advogados, Macau, China) and Adam Reekie (Thammasat University, Thailand)
12. The Public/Private Natures of the Charitable Trust: A Comparison of Singapore and Australia, Ian Murray (University of Western Australia) and YIP Man (Singapore Management University)
Part D: Trusts Futures
13. Exploring the India–Japan Connection: History and Contemporary Development, TT Arvind (University of York, UK) and Masayuki Tamaruya (University of Tokyo, Japan)
14. A Comparison of the Laws of Constructive and Resulting Trusts in Australia and India, Katy Barnett (University of Melbourne, Australia) and CK Nandakumar (High Court of Karnataka at Bangalore, India)
15. Choice of Law for Trusts in the Asia Pacific: Towards Consistency?, Jong Hyeok Lee (Seoul National University, South Korea) and Ying Khai Liew (University of Melbourne, Australia)
Product details
| Published | 24 Jun 2027 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Pages | 384 |
| ISBN | 9781509991402 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Publisher | Bloomsbury Publishing |
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