Chinese Perspectives on the International Rule of Law PDF Download

Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
ISBN: 1788112393
Category : Law
Languages : en
Pages : 295

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Book Description
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Author: Guiguo Wang
Publisher: Routledge
ISBN: 1134442424
Category : Law
Languages : en
Pages : 613

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Book Description
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.

Author: John Warren Head
Publisher:
ISBN: 9781594609572
Category : Law
Languages : en
Pages : 676

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Book Description
Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

Author: Congyan Cai
Publisher: Oxford University Press
ISBN: 0190073616
Category : Law
Languages : en
Pages : 377

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Book Description
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.

Author: Stanley B. Lubman
Publisher: Stanford University Press
ISBN: 9780804743785
Category : Law
Languages : en
Pages : 464

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Book Description
This book analyzes the principal legal institutions that have emerged in China and considers implications for U.S. policy of the limits on China's ability to develop meaningful legal institutions.

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545

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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author: Yun Zhao
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 294

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Book Description
This book will be the first English on space law written by a Chinese scholar. With the rapid development of space activities in China, many space scientist and lawyers are keen to know Chinese Legal views on policies and laws on space activities. The book discusses new development of space law in view of the rapid development of space commercial activities from a Chinese legal perspective. The topics selected in the book reflect the author's teaching and research in space law at four different universities: Leiden University, Erasmus University Rotterdam, City University of Hong Kong and the University of Hong Kong. Six areas of space law issues have been selected: property rights, space registration and liability regime, launching services, telecommunications services, national space legislation and international space co-operation. All the topics are closely related to current Chinese space legislation and practice. When dealing with the above six issues, the author will first briefly discuss the current rules and practice at the international level, followed by in-depth analysis of Chinese situation. This will be a unique book. Those who are researching on space law and/or in charge of formulating national space policy will be especially interested in the elaboration of Chinese attitude toward space commercialisation and of the current Chinese space policies and laws.

Author: Łukasz Gołota
Publisher:
ISBN: 9781780686394
Category : Business enterprises, Foreign
Languages : en
Pages : 0

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Book Description
Perspectives on Chinese Business and Law contributes to the debate and understanding on China by offering insights and perspectives from both Chinese and European scholars on themes related to business and economic affairs. The current foreign trade and business-related legal framework of China are expressed along with certain historical and political analysis on China's development. This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of China's law on foreign related business affairs. This comprises economic and political background information, including China's economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely: commercial arbitration law; contract law; company law; IPR protection; financial law; foreign direct investment law; and also the establishment of overseas branches of Chinese companies in the EU.

Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004228896
Category : Law
Languages : en
Pages : 1131

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Book Description
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.

Author: Shigong Jiang
Publisher: Springer
ISBN: 9811041873
Category : Social Science
Languages : en
Pages : 216

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Book Description
This book differs from most others of its kind, by looking at the Hong Kong issue from China’s perspective, which in turn mirrors China’s own situation. Through a legal lens, the author conducts a political and cultural examination of the past and the present, and provides a comprehensive overview of the many theories and problems concerning Hong Kong. Including reflections on the theory of administrative absorption of politics, a historical review of “one country, two systems” and an analysis of the form and nature of the Basic Law, it offers a valuable reference resource for studying the historical, political and legal context of Hong Kong under the principle of “one country, two systems”. Instead of over-simplifying the issue of Hong Kong or only seeing it as a Chinese regional issue, the book regards it as a central Chinese issue and the key to understanding China.