insular east Asia

Question 1

indonesia

Answer 1

very large archipelagical state, diversity.

dutch presence (1602-1940)
islamic law & state-run islamic courts
=> dutch code civil in force + creation of 19 areas of jurisdiction corresponding to different form of adat, applicable as long as they did not contradict Dutch law.
separate courts for European and locals.
==> indépendance in 1945 => strong présence of police and military forces to keep the place together
New Indonesian state based on “Unity in diversity”
=> élimination of local laws in favor of a centralized system

principles :
- faith in god
- pursuing a humane and just civilisation
- unity
- democracy through pole of authority, wiseness and consensus and consultation
- Endeavour of everyone for social justice

confusion on which law is applicable (dutch’s, national’s, adats)

==> 1998 SOREATO’S RESIGNATION
=> improvement on economic and governance
=> respect of local law
=> new governance role for adat => administrative administration

Question 2

Singapore

Answer 2

multi ethnic state
- law enacted in 1993 providing that English common law and equity only have direct application in Singapore if produced before 1993.

Question 3

brunei Darussalam

Answer 3

very rich, floating in oil

British colony => refused to join the federation in 1963
déclare indépendance in 1984
still have a special relationship with Britain
2 British judges in CA, appeal can be in London

Question 4

East Timor

Answer 4

accent kingdoms based on local or hindu culture and later islamic cultures.
Portuguese colonies in 16th C, only one survived until the 20th C, East Timor.
Dutch presence 17th-20th
Indépendance in 2002 => création of institutionnel and légal system (help from the UN) based on Portuguese and indonesian laws
- islamic law and state run islamic courts
- large number of adats and state run courts
- dutch created 19 adats related jurisdictions (separation btw locals and europeans)
- sharia courts in 1882

Question 5

the Philippines

Answer 5

large amount of islands, big population, religious law

MIXED JURISDICTION
=> civil law and common law tradition

layered traditions and laws in the diff islands, vast and diverse amount of local customs
=> islamic in the south, clusters of Chinese communities

Portuguese then Spanish colony since 16th
USA colony since 1901 (independence 1946)
=> strongly attached to the US => political, military, cultural and eco terms

mixed civil law : Spanish civil code survived + common law LS

south people use islamic law, do not trust the central government, they make recourse to illegal sharia courts operating undercover

Question 6

Papua New Guinea

Answer 6

geographically belonging to Oceania
very scattered population

difficult to reach before the 19th C => little influence of Westerners or muslim

German colony 1880- 1918
then australian colony => independence 1945
==>still very connected to Australia in legal, political and eco terms

constitution + Australian common law system (simple)+ local legislation and a layer of “underlying law” (local customary laws) by local authorities and state’s courts of law

Question 7

Malay

Answer 7

found by muslim colonizers 15th

combination of adat + hukum (written administrative rules/ written laws)

Portuguese then dutch in 16th then British 18th
1807 royal charter introduced English style court system with English law applicable as far as appropriate in local conditions
=> common law was subsidiary

1824-26 anglo dutch hostilities
=> English obtain Malaya , Malacca Penang, Singapore ==> Straits Settlements

not much of local law/traditions was written => common law was more extensively applied
local law developed on the basis of common law

Common law technically still applies today

islam is the official religion of the state of Malaysia (established in C°)
sharia courts+ native courts applying local customs
==> can choose which one

personal law : Chinese communities