This collection explores the boundaries of trusts law in the Asia-Pacific region.
It is uncontroversial to state that the region’s jurisdictions are diverse, reflecting a mix of histories, economies, politics and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.
1. Introduction PART A: BOUNDARIES, IN GENERAL 2. The Boundaries of Japanese Trusts Law 3. Trusts’ Boundaries in South Korea 4. Reconceptualising the Boundaries of Trusts Law in India (TT Arvind) 5. Does Codification of Trusts Law Restrain the Effective Use of the Trust in Contemporary Sri Lanka? PART B: BOUNDARIES, IN PARTICULAR 8. Chinese Trusts with Regulatory Characteristics 9. The Securities Investment Trust Law as a Double-Edged Sword 10. The Common Intention Constructive and Resulting Trust in Malaysia 11. The Boundaries of the Trust in Australia: the Case of Charitable Organisations 12. The Conceptual and Practical Boundaries of Trust Jurisdiction Clauses in the Asia-Pacific Region PART C: BOUNDARIES, OF RECENT DEVELOPMENTS 13. In Trusts We Don’t Trust: Death of Trusts under the New Regulatory Regime in Pakistan 14. Making New Zealand Trust Law Boundaries, Borderlands, and New Directions 15. Trusts Law and its Limitations in Cambodia 16. The Macao Trust Law: Boundaries and Solutions PART D: BOUNDARIES, OF FUTURE DEVELOPMENTS 17. Liberalisation of Trust Laws in Hong Kong: Continued Growth or Concealed Wealth? 18. Reforming the Singapore Trust: Pushing or Breaking Boundaries?
Ying Khai Liew is Professor at Melbourne Law School, University of Melbourne, Australia. Masayuki Tamaruya is Professor at Tokyo University, Japan.
