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  • BSZ  (72)
  • Online Resource  (72)
  • Singapore : Springer Nature Singapore  (72)
  • Private international law.  (72)
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  • Online Resource  (72)
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  • 1
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819999750
    Language: English
    Pages: 1 Online-Ressource(IX, 250 p. 4 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Blockchains (Databases). ; Data protection.
    Abstract: 1. The Reform of the IMF and the Origin of Crypto-SDRs -- 2. The realization path of Crypto-SDRs Monetization -- 3. Risks and Regulations in the Early Stage of the Birth of Crypto-SDRs -- 4. Research on Legal Issues in the Mature Period of Crypto-SDRs -- 5. The Impact of Crypto-SDRs and China's Countermeasures -- 6. Conclusion.
    Abstract: This book analyzes the concept, theory, rules, and impact of the reform of the international monetary system and Crypto-SDRs and provides a feasibility analysis of the combination of blockchain technology and SDRs. It explores and summarizes the possibility of solving problems such as the inherent defects of the current international monetary system and creatively suggests that the birth of Crypto-SDR will have a positive impact on countries and industries and fields around the world, especially in anti-money laundering, cross-border asset recovery, international payments, banking, insurance, financial auditing, Fintech regulation, etc.
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  • 2
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819707140
    Language: English
    Pages: 1 Online-Ressource(XVIII, 295 p. 22 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Space Law and Policy
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International relations. ; Law of the sea. ; International law. ; Aeronautics ; Private international law. ; Conflict of laws. ; Comparative law. ; Space. ; Politics and war.
    Abstract: Introduction to the Book -- Opening Address -- Chapter 1: International Space Law: An Overview -- Chapter 2: Emergency Assistance and Rescue Obligations for Commercial and Private Spacefarers in the Context of the History, Present and Future of Human Spaceflight -- Chapter 3: The Artemis Accords: A New Phase in the Development of Outer Space Law -- Chapter 4: Deconfliction of Space Activities: Lunar Safety Zones -- Chapter 5: Military Activities and Operations in Space: An Unfolding Legal Universe -- Chapter 6: The New Zealand Outer Space and High-altitude Activities Act 2017 and the Statutory Review — A Dance Between International and Domestic Law -- Chapter 7: Transformational Trends in India’s Space Programme -- Chapter 8: Knowing Me, Knowing You: A Critique of the UK Space Strategy -- Chapter 9: LISA: Global Space Science and New Zealand’s Contribution -- Chapter 10: Space Weather: A Global Hazard from Space to New Zealand’s Technological Infrastructure -- Chapter 11: Light Pollution and the Future of Space Science and Astronomy -- Chapter 12: New Zealand’s Growing Space Sector: A Technological and Science Perspective.
    Abstract: This book explores multidisciplinary perspectives on critical issues in space from the viewpoints of New Zealand and other nations. It brings together the topics examined at the Otago Foreign Policy School 2022 by both domestic and international experts in the area of space, and includes the opening address on space policy delivered by the Minister of Foreign Affairs. This book takes a multidisciplinary approach to New Zealand’s growing space sector in conjunction with other nations’ perspectives on space. It encompasses space science, military and defence matters, space tourism and astronaut rescue, and international legal and policy frameworks, while taking into account future considerations. Readers such as academics, students, policy advisers, diplomats, government officials and others engaged in the field of space will find value in this book. It will appeal to think tanks and international institutions grappling with the complexities that are presented by the outer space domain.
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  • 3
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819997343
    Language: English
    Pages: 1 Online-Ressource(VI, 276 p. 15 illus., 14 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political science. ; Public law .
    Abstract: 1. Openness of Government Affairs in China:Development in 2020 and Prospects in 2021 Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 2. Deepening the Openness of Government Affairs and Building a Transparent Government in Hubei Province Government Affairs Management Office of the Government of Hubei Province -- 3. Investigation Report on Litigation Cases Relating to Government Information Disclosure in Guangzhou Area-Based on the Analysis of 1,168 Cases Handled by Guangzhou Railway Court Since 2016Research Group of the Administrative Tribunal of the Intermediate Court of Railway Transport of Guangzhou Municipality,Guangdong Province -- 4. The Characteristic Mechanism for and Innovative Explorations of the Open Government Work in Xicheng District of Beijing Municipality Project Group on Open Government Work,the Government of Xicheng District of Beijing Municipality -- 5. Promoting Implementation,Standardization,and Service through the Openness of Government Affairs in the Field of Taxation Taxation Publicity Center of the State Administration of Taxation -- 6. The Suzhou Practice of Promoting the Openness of Government Affairs and Servicing Enterprises with the “Policy Calculator” Project Group of the General Office of Suzhou Municipal People‘’s Government -- 7. Report on the Index of Transparency of Government Affairs in Pilot Free Trade Zones in China (2020)—From the Perspective of Information Disclosure on Government Websites of Free Trade Zones Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences -- 8. Current Situation and Prospect of Government Press Release in China Innovation Project Team on the Rule of Law Index of the Law Institute of Chinese Academy of Social Sciences.
    Abstract: The book continues to use quantitative and empirical research methods to summarize and analyze the achievements of government openness in China in 2020. It points out that in 2020, the exploration of standardization and standardization of government affairs openness is accelerating, decision-making openness is making steady progress, and government affairs services, administrative law enforcement, and management results are all making significant progress. However, in the future, it is still necessary to further enhance the awareness of openness, identify the needs of the public, integrate openness into the whole process of government affairs activities, and improve the level of information security. Besides, the book for the first time first carries out a third-party assessment of the government affairs publicity in the national free trade zones and free trade zones, and releases research reports on the publicity of administrative punishment information, government news release, work and production resumption information, and health science popularization information.
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  • 4
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819701858
    Language: English
    Pages: 1 Online-Ressource(XVI, 369 p. 9 illus., 5 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: The WTO Institutional Structure and Dispute Settlement Practice -- China’s Practice in WTO Dispute Settlement -- China’s Special Member Status in WTO Dispute Settlement Practice -- Application of the Protocol on the Accession of China in WTO Dispute Settlement Practice -- Evaluation and Re-Evaluation of the Features of China’s Practice in WTO Dispute Settlement.
    Abstract: This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminent need of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position. This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.
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  • 5
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819998258
    Language: English
    Pages: 1 Online-Ressource(XV, 250 p. 6 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Administrative law.
    Abstract: Chapter 1. Introduction -- Chapter 2. Multilateral and Unilateral Sanctions -- Chapter 3. Unilateral Export Controls: Goods and Technologies -- Chapter 4. Multilateral Non-proliferation Export Controls -- Chapter 5. Dual Use Items and Export Control -- Chapter 6. National Security and Extra-territorial Jurisdiction -- Chapter 7. Export Control of Military Items -- Chapter 8. Governmental Investigation and Legal Liabilities of Export-related Industries -- Chapter 9. Impacts on Trade and Investment and Compliance Measures. .
    Abstract: This book gives practical and in-depth presentation and analysis of the issues under China export control law and economic sanctions regime. This book not only addresses issues faced by the legal entities in China, but also attends to the concerns about Chinese extra-territorial jurisdiction of China export control law and sanctions legislations, on the part of foreign companies. Finally, the author shares his experiences on how to structure export control and sanctions compliance under Chinese law on the part of both Chinese and foreign companies. .
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  • 6
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819990818
    Language: English
    Pages: 1 Online-Ressource(XVII, 291 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1: Several Legal Issues in Cases Involving Foreign Financial Disputes -- chapter 2: International Judicial Cooperation on Cross-border Bankruptcy -- Chapter 3: Legal Issues of Domestic Application of International Treaties -- Chapter 4: Principles& Practice on Recognition and Enforcement of Foreign Judgments by Chinese Courts -- Chapter 5: Development of E-commerce in China (Bing Cheng) -- Chapter 6: The Future Impact of Conventions on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters in China -- Chapter 7: Application of the Doctrine of Forum non Conveniens in Chinese Courts -- Chapter 8: Jurisdiction by Agreement and the Principle of Actual Connection ( Bing Cheng) -- Chapter 9: Judicial Review of Arbitration Agreement -- Chapter 10: Judicial Review of Arbitration Agreement -- Chapter 11:Decisions on Matters beyond the Scope of Submission to Arbitration and Setting Aside an Arbitral Award -- Chapter 12: Judicial Review of Fraudulent Arbitration -- Chapter 13:Nationality of International Commercial Arbitral Awards -- Chapter 14: Arbitration Practice in China’s Pilot Free Trade Zones (Bing Cheng) -- Chapter 15: Application of Public Policy in Judicial Review of Arbitral Awards.
    Abstract: Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the “Belt and Road” and providing more effective rule of law protection for Chinese enterprises “going global”.
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  • 7
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819999118
    Language: English
    Pages: 1 Online-Ressource(XV, 216 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; Public law .
    Abstract: Law and Political Economy -- The Economy and the Rule System before the Reform -- The Paternalistic Role of Law, 1978-1991 -- The Facilitative Role of Law, 1992-2001 -- The Integrative Role of Law, 2002-2011.
    Abstract: This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits. By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity. Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.
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  • 8
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811541865
    Language: English
    Pages: 1 Online-Ressource(XVIII, 337 p. 2 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Administrative law.
    Abstract: Basic Theories of Representative System -- History of Representative System -- Representative System and Popular Sovereignty -- Representative System and Electoral System -- Representative System and State Organs -- Representative System and Party System -- Representative System and Interest Groups -- Comparison of Capitalist Parliamentary Systems -- Comparison of Socialist People’s Representative System -- Comparison of Capitalist Parliamentary System and Socialist People’s Representative System.
    Abstract: This book demonstrates the social and historical conditions for the existence and development of the representative system and uncovers the laws dictating its occurrence, development and operation. Due to the barriers of language and cultural communication, the understanding of democracy differs in western and Chinese cultures, which leads to many misinterpretations and even bias. The book displays the merits and drawbacks of different forms of democracy on the basis of a comparative study of the different representative systems and argues that different representative systems can co-exist side by side and that the selection of the appropriate form of democracy must reflect the actual conditions in a given country. Therefore, a blind evaluation or criticism is unreliable. The book could provide good opportunities for western scholars to see how the Chinese scholars understand democracy and the representative system, help the westerners to understand the forms of democracy with Chinese characteristics and rationality of the socialist people’s representative system, grasp the true essence of Chinese Constitution and democracy and give up their bias towards China for a better communication and mutual understanding. This book constructs a theoretical framework for studying the representative system and provides a solid foundation for its further research, promoting the improvement and development of constitutional jurisprudence. Even today, the comparative study of the basic theories, system building, and operation of the representative system are of great theoretical significance and practical value in the Chinese political development and reform. The book is primarily intended for graduates and scholars in the areas of constitutional jurisprudence on China and abroad. It is a must-read for constitutional researchers and those who want to know the essential differences between Chinese and Western constitutional jurisprudence.
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  • 9
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819971657
    Language: English
    Pages: 1 Online-Ressource(XIX, 341 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: China Arbitration Yearbook
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Chapter 1 . Arbitration Agreement -- Chapter 2. Parties and Participants -- Chapter 3. Evidence and Substantive Matters. Chapter 4. Public Policy -- Chapter 5. Arbitration and Criminal Proceedings -- Chapter 6. International and Interregional Recognition and Enforcement of Arbitral Awards in China -- Appendix. 1. Main Official Replies by the Supreme People’s Court Concerning Arbitration in China.
    Abstract: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
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  • 10
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819978441
    Language: English
    Pages: 1 Online-Ressource(XI, 141 p. 1 illus.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: 1. Introducation -- 2. Cisg and unification of international sales law -- 3.Legal interpretation and uniform interpretation of cisg -- 4.Gap-filling and the uniform interpretation of cisg -- 5. supplemental materials and the uniform interpretation of cisg -- 6.Conclusion.
    Abstract: The unification of international commercial law has been a common course for every country of the world. The U.N. Convention on Contracts for International Sale of Goods (CISG) is a milestone in creating a uniform law in the field of the international sale of goods. The CISG coordinated divergent political, economic, and legal systems combined different contract laws and set up a comprehensive and independent legal framework for the international sale of goods. This book examines the basic requirements and criteria of the CISG’s interpretation and investigates how to achieve the uniform interpretation of the CISG based on interpretation rules in the CISG and through appropriate legal interpretation approaches. As a comprehensive and uniform legal framework for the international sale of goods, the CISG still has gaps to fill. Therefore, a uniform interpretation in gap-filling is equally important for the CISG. This book discusses gap-filling in the CISG, explains why and how to fill its gaps, clarifies gap-filling approaches, their order of application, and eventually concentrates on general principles and the uniform interpretation of the CISG. Another feature of the book is to discuss the supplementary materials that could be used to assist in the uniform interpretation of the CISG. PICC, foreign cases, UNCITRAL Digest, and the CISG Advisory Council opinions will be examined in detail to see whether and how they can fill the gaps in the CISG and promote its uniform interpretation. Only by clarifying the basic requirements and principles relating to the CISG’s uniform interpretation, can courts and arbitral tribunals correct their attitude toward and practices in the interpretation of the CISG. Only by following the autonomous interpretation approach, can the CISG achieve its goal to unify the sale of goods laws and promote the development of international commerce.
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  • 11
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819982929
    Language: English
    Pages: 1 Online-Ressource(XII, 235 p. 3 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Introduction -- Chapter 2. Economic Justifications for Antidumping -- Chapter 3. Historical Development of AD Law based on Protectionist Intent -- Chapter 4. Pre-WTO Era Evolution of Non-market Economy Treatment Rules and Practices -- Chapter 5. WTO Era Non-market Economy Treatment Rules and Practices -- Chapter 6. The Changing International Legal Environment Regarding Non-market Economy Treatment -- Chapter 7. Prospects of Non-market Economy Treatment.
    Abstract: This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.
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  • 12
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819704996
    Language: English
    Pages: 1 Online-Ressource(VII, 453 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media ; Law ; Law
    Abstract: Introduction to the emerging rights -- Generation of emerging rights: taking the right to outdoor advertising as an example -- Administrative right to know -- Right to information -- Genetic rights -- Sexual rights.
    Abstract: This book systematically discusses the contents of the administrative right to know, the right to information, the right to gene, euthanasia and other emerging rights. The purpose of this book is to attract legal scholars to pay attention to these right changes in the process of China's social transformation, analyze the basic laws of right changes under the specific background of China's society and provide a theoretical system model for the establishment of China's legislative right recognition and right relief system. The typical feature of contemporary China is all-round social transformation. In such a transitional period, the construction of democracy, legal system and political system in China is gradually unfolding and developing with its unique mode. In the construction of legal system and the practical operation of legal system, the concept of rights, the thinking of rights and the logic of rights have in fact been running through the social and legal practice in China for decades since the reform and opening up and have always become its background, keynote and background. Its typical realistic symptom is that a large number of rights belong to "new" for "China" the germination and birth of the type. In this context, this book tries to combine the general theory with the specific reality of the right landscape and preliminarily explores and explains the generation mechanism, existence basis, development logic and basic connotation of the "new" types of rights, that is, the main "emerging" or "new" types of rights in the transitional Chinese society. The purpose of this book is to draw the attention of the colleagues in the field of law to the reality of the emergence and development of "emerging" rights in our society. At the same time, taking this as an example, I hope that the colleagues in the field of law can deepen the study of rights, especially from the general and macro-study of rights to the more specific and micro-study of rights.
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  • 13
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819990856
    Language: English
    Pages: 1 Online-Ressource(XV, 458 p. 92 illus., 89 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: Artificial Intelligence and the Rule of Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Artificial intelligence. ; Information technology ; Mass media
    Abstract: AI Laws and Policies -- Theoretical Research on AI and the Rule of Law -- Application of AI in the Rule of Law -- Analysis of Al-Related Cases -- Report on the Development of AI and the Rule of Law -- Expert Interviews on Development of AI and the Rule of Law -- Interviews with AI Companies on the Rule of Law.
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the world, by collecting and summarizing the information about the development of artificial intelligence and rule of law in China and the world, covering topics like AI strategy, policy, law, theoretical research and practical application, etc. It makes an in-depth analysis so as to provide an objective, fair and accurate report. The purpose is to promote the study of AI and law, promote the construction of AI and rule of law system and create an AI and rule of law environment. In particular, it aims to play an active role in promoting the establishment of legislative norms, legal systems, policy systems and ethical norms that are compatible with the innovative development of AI, promoting the implementation of a new generation of national AI development strategies, ensuring the safe, reliable, controllable, healthy and sustainable development of AI. It is hoped that this book may provide useful reference for researchers of AI and law.
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  • 14
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819975419
    Language: English
    Pages: 1 Online-Ressource(XIX, 256 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: What is international economic law -- Subjects of international economic law -- Economic sovereignty and the right to regulate -- Values of international economic law: freedom, equity and security -- Competition, cooperation and development in international economic relations -- Trade Treatment in international economic relations -- Protection and restriction of property -- Exceptions to obligations under international trade and economic rules -- Settlement of international economic and trade disputes.
    Abstract: This book focuses on the real themes in various areas of international economic law and explores the key elements behind the written rules. The advantage of this approach is that these themes or elements apply to all types of countries, whether developed or developing, whether market-based or not, and to trade, investment, or other transactions. This book reflects the author's thoughts and views on international economic law and its application based on his experience advising government departments and entities, particularly insights into the U.S.-China trade war from the perspective of a Chinese scholar. This feature makes the book very different from other books published before the U.S.-China trade war or textbooks that simply introduce the relevant subjects and provokes readers to think deeply about the relevant issues.
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  • 15
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819721832
    Language: English
    Pages: 1 Online-Ressource(VIII, 249 p. 6 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Commercial law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Can China’s Belt and Road Initiative be Reconciled with the EU’s Multilateral Approaches to International Law?-Ernst-Ulrich Petersmann & Giuseppe Martinico -- Pluralism or Cosmopolitanism? Reflections on Petersmann’s International Economic Law Constitutionalism in the Context of China-Tao Li & Zuoli Jiang -- Is Calvo Dead? Wenhua Shan.-Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm-Shuo Feng & Wei Shen -- Outward FDI: Determinants and Flows in Emerging Economies: Evidence from China-Mohamad Zreik & Badar Alam Iqbal & Mohd Nayyer Rahman -- BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries-Jeswald W. Salacuse -- Diversity in the Formulation of Fair and Equitable Treatment in International Investment Agreements-Mujeeb Emami & Rehna Gul -- The 2016 Model Indian Bilateral Investment Treaty: A Critical Deconstruction-Prabhash Ranjan and Pushkar Anand -- The Final 2015 Indian Model BIT: Is This the Change the World Wishes to See?-Grant Hanessian and Kabir Duggal -- Legalizing the ASEAN Way: Adapting and Reimagining the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- Comprehensive or BIT or BIT: the ACIA and Indonesia’s BITs-Junianto James Losari -- International Cooperation and Organizational Identities: The Evolution of the ASEAN Investment Regime-Sungjoon Cho & Jurgen Kurtz -- ASEAN Investment Treaties, RCEP, And CPTPP: Regional Strategies, Norms, Institutions, and Politics-Diane A. Desierto -- Addressing the Global Backlash Against Investment Arbitration? A Multilateral Investment Agreement and China-Junqing Chao -- A Multilateral Approach to Investor-State Dispute Settlement Issues in the Asia-Pacific Region-John Riley -- The Elephant In a Dark Room? Russia and the ISDS Reform-Dmitry K. Labin & Alena V. Soloveva -- Two Bites at the Same Apple? ‘Derivative’ ISDS Proceedings in the Revised Korea-US FTA-Jaemin Lee -- China and Investment Treaty Regime: Rule Taker or Rule Maker?-Sheng Zhang -- Investor-State Mediation in a China-EU Bilateral Investment Treaty: Talking About Being in the Right Place at the Right Time-Chunlei Zhao -- Legitimacy Crisis and the ISDS Reform in a Political Economy Context-Shuping Li and Wei Shen.
    Abstract: The book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities. .
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  • 16
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819968510
    Language: English
    Pages: 1 Online-Ressource(XV, 357 p. 2 illus.)
    Edition: 1st ed. 2024.
    Series Statement: Selected Chinese Cases on the CISG
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: 1. Xiaojun Chen -- 2. Xiaojun Chen -- 3. Peng Guo Shu Zhang Chaolin Zhang -- 4. Peng Guo Shu Zhang Chaolin Zhang -- 5. Peng Guo Shu Zhang Chaolin Zhang -- 6.Peng Guo Shu Zhang Chaolin Zhang -- 7.Peng Guo Shu Zhang Chaolin Zhang -- 8. Wenjing An -- 9. Wenjing An -- 10. Wenjing An -- 11. Wenjing An -- 12. Luo Jie -- 13. Luo Jie -- 14.Luo Jie -- 15. Haicong Zuo -- 16. Haicong Zuo -- 17. Peng Guo Shu Zhang Chaolin Zhang -- 18. Peng Guo Shu Zhang Chaolin Zhang -- 19. Shu Zhang, Geng Wang -- 20. Shu Zhang, Geng Wang -- 21. Shao Long -- 22. Shao Long -- 23. Shao Long -- 24. Siying Wu Dentons -- 25. Siying Wu Dentons -- 26. Shao Long -- 27. Shao Long -- 28. Shao Long -- 29 -- Shao Long -- 30. Junmin Zhang -- 31. Junmin Zhang -- 32. Junmin Zhang -- 33. Shaotang Wang -- 34. Bruno Zeller -- 35. Bruno Zeller -- 36. Caishun Guo -- 37. Caishun Guo -- 38. Caishun Guo -- 39. Caishun Guo -- 40. Xiaojun Chen -- 41. Xiaojun Chen -- 42. Xiaojun Chen -- 43. Xiaojun Chen -- 44. Yueshan Liu -- 45. Yueshan Liu -- 46. Yueshan Liu -- 47. Kaiwei Cui -- 48. Kaiwei Cui -- 49. Jia Li -- 50. Jia Li -- 51. Yueyi Yang -- 52. Yueyi Yang -- 53. Hongzhi Hu -- 54. Hongzhi Hu.
    Abstract: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, focusing on 2011 to 2012. During this period, the number of cases grew fast compared to 2006 to 2010. The total number of cases remained relatively low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases is on a case-by-case basis. For each case, an English summary of the judgment is provided. In the comment, the People’s Courts’ approach to the interpretation and application of the CISG is emphasized. Comments of the individual case are written either by scholars or judges or lawyers from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG.
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  • 17
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819716272
    Language: English
    Pages: 1 Online-Ressource(XXIX, 224 p. 7 illus., 6 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Human rights.
    Abstract: Introduction -- General views on criminal punishment in China -- The death penalty and its reforms in China and other countries -- The alternative punishment to the death penalty -- General issues concerning life imprisonment -- The approaches of life imprisonment as an alternative to the death penalty in China -- Conclusion.
    Abstract: This book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens’ view on the current legal system and it is, to a great extent, the basis for national leadership’s running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravated life imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China. .
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  • 18
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819712113
    Language: English
    Pages: 1 Online-Ressource(XVII, 199 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2024.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Applied linguistics. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and the social sciences.
    Abstract: Introduction -- Lawyer Evaluation, Lawyer Speech and Legal Culture -- Theorizing Lawyer Evaluation as a rational speech: a socio-semiotic interpretation -- Locating Lawyer Evaluation in Three Constituents in texts -- Understanding Lawyer Evaluation under Contextual Constraints.
    Abstract: This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The key construct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
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  • 19
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811992551
    Language: English
    Pages: 1 Online-Ressource(IX, 264 p. 14 illus., 11 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Industrial management—Environmental aspects. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Industrial management
    Abstract: Overview of the Law on Corporate Social Responsibility -- The Law on Corporate Social Responsibility in the Labour Field -- The Law on Corporate Social Responsibility in the Environment Field -- The Law on Corporate Social Responsibility in the Business Integrity and Anti-Corruption Field -- The Law on Corporate Social Responsibility in the Consumer Protecting Field.
    Abstract: This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc. Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.
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  • 20
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819944989
    Language: English
    Pages: 1 Online-Ressource(IX, 55 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Data protection—Law and legislation. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Data protection. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights. ; Data protection. ; Information technology ; Mass media
    Abstract: Chapter 1. Introduction -- Chapter 2. Reimagining Privacy in the Face of Modernism -- Chapter 3. Asking for Data Rights in The Castle -- Chapter 4. Resisting Cinematographic Mechanism -- Chapter 5. Reappraisal.
    Abstract: The book offers a provocative review of thinking about privacy and identity in the years encompassing and disrupted by the two world wars of the first half of the twentieth century – focusing (in particular) on the socio-technological transformations associated with modernism. It argues that, with many of the most interesting modern thinkers of the period dead or marginalised (or both) by 1948, their ideas about how rights such as privacy should develop to accommodate the exigencies of modern life failed to find much of a voice in the drafting of the Universal Declaration of Human Rights. Yet they anticipated in surprising ways some of our ‘new’ ways of thinking in more recent times. After a brief introduction, the chapters are framed in terms of case studies on the right to privacy, the right to data protection and the right to be forgotten, each finishing with a consideration of how these rights require further rethinking in the digital century. .
    URL: Cover
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  • 21
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811978227
    Language: English
    Pages: 1 Online-Ressource(XII, 350 p. 59 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Public law . ; Law ; Law
    Abstract: Justice: From Mystery to Openness -- Development of Contemporary China’s Judicial Openness System -- The Rationale Behind Judicial Transparency -- Methodologies for Researching Judicial Transparency -- The Overall Situation of China’s Judicial Transparency -- Status Quo of Judicial Transparency in Various Fields -- Promoting More Transparent Justice.
    Abstract: Based on the Judicial Transparency Index Assessment (2019 and 2020) conducted in China by the Institute of Law of the Chinese Academy of Social Sciences, this book summarizes and analyzes the current situation of judicial openness in China, using a sample of 218 courts across the country for the study. The book analyzes the ideological and institutional origins of judicial openness and examines the operation of judicial openness through the practical experience of role replacement. By analyzing evaluation data in the fields of audit information disclosure, trial information disclosure, judicial enforcement data disclosure, and judicial reform data disclosure, the book points out that the current judicial disclosure has made significant progress, but there are still problems such as unclear disclosure standards, insufficient rigidity in disclosure requirements, and the scope of disclosure still needs to be expanded. The book recommends accelerating the disclosure of judicial legislation, public standards, and strengthening assessment and accountability.
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  • 22
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811983900
    Language: English
    Pages: 1 Online-Ressource(XXII, 325 p. 1 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Internet—Social aspects. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mass media ; Internet ; Information technology
    Abstract: Chapter 1. Overview -- Chapter 2. The Making of the Internet Treaties -- Chapter 3. Making of DMCA (U.S. Implementation Legislation) -- Chapter 4. New Technologies Unleash Creative Destruction -- Chapter 5. The Making of EUCD and Its Transposition into National Laws of Member States -- Chapter 6. The Making of Canadian Implementation Legislation -- Chapter 7. Making of the Indian Implementation Legislation -- Chapter 8. The Romance of the Public Domain -- Chapter 9. Social Production and Distribution of Content -- Chapter 10. User Generated Content and Users’ Rights -- Chapter 11. New Intermediaries and Their Regulation -- Chapter 12. WIPO’s Policy Environment and Performance (1997-2021).
    Abstract: The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time. .
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  • 23
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811977053
    Language: English
    Pages: 1 Online-Ressource(XXXV, 354 p. 3 illus., 2 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Administrative law. ; Public law . ; Law ; Law
    Abstract: Response of Administrative Law to Climate Change -- Research on Low-carbon Administrative Procedures -- Research on Low-carbon Administrative Entity -- Research on Low-carbon Administrative Procedures -- Improving the Administrative Legislation for Low-carbon Regulation -- Improving the Administrative Licensing for Low-carbon Regulation -- Administrative Guidance for Innovative Low-carbon Regulation -- Application and Development of Administrative Penalties in Low-carbon Field -- Application and Development of Administrative Enforcement in Low-carbon Field -- Strengthening the Management of Carbon Information Disclosure -- Low-carbon Administrative Liabilities and Construction of Its Investigation Mechanism.
    Abstract: This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities. The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era. This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China. The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.
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  • 24
    ISBN: 9789811972348
    Language: English
    Pages: 1 Online-Ressource(XV, 180 p. 7 illus., 3 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Perspectives in Law, Business and Innovation
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Business. ; Management science. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology ; Mass media
    Abstract: Organizing-for-innovation -- The board of directors as a missed opportunity -- Mobilizing institutional investors -- Corporate venturing strategies to foster innovation -- Corporate governance and new technology -- Blockchain and the disruption of the corporation -- The future of the corporation -- Regulation tomorrow. .
    Abstract: This book argues that large corporations need to implement governance practices and processes that make them better innovators and that the challenge is to identify organizational principles and practices that provide the best chance of delivering innovative products to create a meaningful consumer experience. In this context, it is important to recognize that when we address organizational forms, we are not thinking of corporate governance in the sense of managing agency costs and ensuring regulatory compliance, but the more pressing business task of putting in place organizational systems and processes that facilitate value creation through continued and sustained innovation. The book examines how the contemporary concept and discourse of corporate governance may be obsolete or, at least, is increasingly disconnected from the needs and realities of the most innovative firms today. The concept of organizing for innovation—identifying process and practices that deliver the best opportunities for innovation—needs to take centre stage. This book aims to contribute to the nascent debate in this area by bringing together a series of chapters that examine various issues related to organizing for innovation.
    URL: Cover
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  • 25
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811949937
    Language: English
    Pages: 1 Online-Ressource(XV, 412 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Ius Gentium: Comparative Perspectives on Law and Justice 104
    Series Statement: Ius Gentium
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als The making of the civil codes
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Law. ; Civil law - Codification ; Civil law systems ; Aufsatzsammlung ; Bürgerliches Recht ; Kodifikation ; Rechtsvergleich
    Abstract: On Civil Codes: A Twenty First Century Perspective -- The Codifications at the Beginning of the 21 Century -- Civil Law in Spain is Plural, as are its National Civil Codes -- The Making of the Turkish Civil Code -- The Perpetual French Codification.
    Abstract: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
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  • 26
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811989032
    Language: English
    Pages: 1 Online-Ressource(XV, 319 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Selected Chinese Cases on the CISG
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Chapter 1. Mengsha Yang Tianjin University -- Chapter 2. Mengsha Yang Tianjin University -- Chapter 3. Mengsha Yang Tianjin University -- Chapter 4. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 5. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 6. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 7. Xiaoying Fan Tianjin University of Finance and Economics -- Chapter 8. Wenjing An North China Electric Power University -- Chapter 9. Wenjing An North China Electric Power University -- Chapter 10. Wenjing An North China Electric Power University -- Chapter 11. Wenjing An North China Electric Power University -- Chapter 12. Luo Jie Zhongnan University of Economics and Law -- Chapter 13. Luo Jie Zhongnan University of Economics and Law -- Chapter 14. Luo Jie Zhongnan University of Economics and Law -- Chapter 15. Haicong Zuo, UIBC -- Chapter 16. Haicong Zuo, UIBC -- Chapter 17. Peng Guo, Geng Wang RMIT/UIBC -- Chapter 18. Peng Guo, Geng Wang RMIT/UIBC -- Chapter 19. Shu Zhang, Geng Wang Deakin/UIBC -- Chapter 20. Shu Zhang, Geng Wang Deakin/UIBC -- Chapter 21. Zaiyu Guo, Peng Guo Supreme People’s Court / RMIT -- Chapter 22. Zaiyu Guo, Peng Guo Supreme People’s Court / RMIT -- Chapter 23. Siying Wu Dentons -- Chapter 24. Siying Wu Dentons -- Chapter 25. Siying Wu Dentons -- Chapter 26. Chaolin Zhang Nankai University -- Chapter 27. Chaolin Zhang Nankai University -- Chapter 28. Chaolin Zhang Nankai University -- Chapter 29. Chaolin Zhang Nankai University -- Chapter 30. Li Sun Civil Aviation University of China -- Chapter 31. Li Sun Civil Aviation University of China -- Chapter 32. Li Sun Civil Aviation University of China -- Chapter 33. Shaotang Wang, Nankai University -- Chapter 34 -- Shaotang Wang, Nankai University -- Chapter 35. Shaotang Wang, Nankai University -- Chapter 36. Xiaochuan Weng, UNSW -- Chapter 37. Xiaochuan Weng, UNSW -- Chapter 38. Xiaochuan Weng, UNSW -- Chapter 39. Xiaochuan Weng, UNSW -- Chapter 40. Xiaojun Chen, Wincon Law Firm -- Chapter 41. Xiaojun Chen, Wincon Law Firm -- Chapter 42. Xiaojun Chen, Wincon Law Firm -- Chapter 43. Xiaojun Chen, Wincon Law Firm -- Chapter 44. Peng Wang, Nankai University -- Chapter 45. Peng Wang, Nankai University -- Chapter 46. Peng Wang, Nankai University.
    Abstract: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 2006 to 2010. During this period, the number of cases grew gradually. The total number of cases still remained low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case by case basis. For each case, an English summary of the judgments will be provided. In the summary, the People’s Court’s approach to the interpretation and application of the CISG will be emphasised. Following the summary are comments of the individual case written either by an academic or a current or former judge from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG. This book deals with the cases from 2006 to 2010 in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in future.
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  • 27
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819921584
    Language: English
    Pages: 1 Online-Ressource(XII, 203 p. 2 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Part 1: The Foreign Investment Law and Its Interpretation Article by Article -- Part 2: The Foreign Investment Regime in Practice Since the Entry into Force of the Foreign Investment Law -- Chapter 1 Drafting History of the Basic Law for Foreign Investment -- Chapter 2 The Origin of the Title of the Foreign Investment Law in Chinese -- Chapter 3 Basic Norms of the Foreign Investment Law.-Chapter 4 The Foreign Investment Law and the Rule of Law -- Chapter 5 The Foreign Investment Law and the Negative List -- Chapter 6 The Foreign Investment Law and Enterprise Laws -- Chapter 7 The Foreign Investment Law and International Investment Agreements -- Chapter 8 Concluding Remarks -- Part 3: Harmonization and Coordination of the Foreign Investment Law with other Relevant Laws and Regulations -- Chapter 9 Linkage between the Foreign Investment Law and the Catalogue of Special Management Measures for Admission of Foreign Investment -- Chapter 10 Linkage between the Foreign Investment Law and Relevant Laws, Regulations and Rules on National security review -- Chapter 11 Harmonisation between the Foreign Investment Law and the Relevant Rules on Foreign Investment Verification and Recordation System.-Chapter 12 Relationship between the Foreign Investment Law and the Company Law and Partnership Law -- Chapter 13 The Relationship between the Foreign Investment Law and the Contract Law -- Chapter 14 The Relationship between the Foreign Investment Law and the Antimonopoly Law -- Chapter 15 The relationship between the Foreign Investment Law and the Government Procurement Law -- Chapter 16 The relationship between the Foreign Investment Law and the previous foreign investment-related ministerial rules -- Chapter 17 Negative List and the Negative List for Free Trade Zones -- Part 4: China’s Foreign Investment Law from the Comparative Law Perspective -- Chapter 18 Admission of Foreign Investment -- Chapter 19 National security Review -- Chapter 20 Antimonopoly Review -- Chapter 21 Investment promotion -- Chapter 22 Investment protection -- Chapter 23 Information reporting -- Chapter 24 Concluding Remarks -- Part 5: Interaction between China and International Investment Rules -- Chapter 25 China’s Place in the Rapidly Changing Landscape of Global Investment Flow -- Chapter 26 International Investment Rules and Their Development -- Chapter 27 Interaction between China’s Foreign Investment Legislation and International Investment Rules -- Chapter 28 The Future Evolution of International Investment Rules and Its Impact on China’s Foreign Investment Regime -- Chapter 29 Concluding Remarks -- Appendix 1:The Regulations on the Implementation of the Foreign Investment Law -- Appendix 2: Special Management Measures for Foreign Investment Admission (Negative List)(2020) -- Appendix 3: List of the Normative Documents relating to the Foreign Investment Law.
    Abstract: This book focuses on an article-by-article interpretation of the Foreign Investment Law of the People's Republic of China, which was adopted on March 15, 2019. It also describes the legislative process of the law and the relationship between the law and other laws and regulations. It also includes a comparison of China's new foreign investment law with representative foreign investment regimes and the interaction between China and evolving international investment rules and the law, with a focus on the impact of evolving international investment rules on the development of China's foreign investment regime. In recent years, the momentum of globalization has continued to grow, and a pattern of economic governance with valorization, regionalization, and benefit sharing has gradually emerged. Amid the emergence of new international investment rules, the Foreign Investment Law of the People's Republic of China, adopted on March 15, 2019, has significantly changed the face of China's foreign investment regime. Given that China is a major destination for global foreign direct investment flows, its foreign investment regime is a focus of attention for international investors and international lawyers. This book aims to provide a practical legal guide for students of Chinese law, especially Chinese business law, practitioners, and their clients interested in the Chinese market, and observers of international investment law and national investment law practice.
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  • 28
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811979675
    Language: English
    Pages: 1 Online-Ressource(VIII, 320 p. 8 illus., 6 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: International Law in Asia
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: International law. ; Private international law. ; Conflict of laws. ; Comparative law. ; International relations.
    Abstract: Introduction -- Harmonizing Public and Private International Law: Implications of the Apple vs. Samsung IP Litigation / Observations in the Field of Intellectual Property -- The Applicability of Artificial Intelligence in International Law -- Law and Development -- Regulator-led Resolution in Mass Finance Mis-selling -- A Critical Evaluation of the War on Terror -- Asia and New International Economic Order -- International Space Station / Space Resource Exploration and Utilization Act -- China’s Exclusionary Rule of Illegally Obtained Evidence: A Comparative Study with the International Criminal Court -- Maritime Title in South China Sea -- A Generic Construction of the Right System for Population Ageing -- Human Rights Accountability of Transnational Corporations -- The Hague Conference on Private International Law -- New International Law Theory -- Sea-Level Rise and the Law of the Sea -- Human Rights-Based Approach to Science, Technology and Development -- Conclusion.
    Abstract: This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.
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  • 29
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811995972
    Language: English
    Pages: 1 Online-Ressource(VIII, 361 p. 3 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Research Series on the Chinese Dream and China’s Development Path
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law. ; Public law .
    Abstract: Chapter 1: The Rule of Law in China: the Situation in 2017 and the Prospect in 2018 -- Chapter 2: Development of Court Informatization in China: the Situation in 2017 and the Prospect in 2018 -- Chapter 3: Report on the Index of Legislative Transparency in China (2018) -- Chapter 4: Report on the Index of Government Transparency in China (2017) -- Chapter 5: Report on the Index of Judicial Transparency in China (2017) -- Chapter 6: Third-party Assessment Report on Court Informatization in China (2017) -- Chapter 7: Report on the Index of Procuratorial Transparency in China (2017) -- Chapter 8: Report on the Index of Transparency of Police Affairs in China (2017) -- Chapter 9: Report on the Index of Maritime Judicial Transparency in China (2017) -- Chapter 10: The Protection of the Rights of the Child in China: Current Situation and the Third-party Assessment Index System.
    Abstract: This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.
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  • 30
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819905300
    Language: English
    Pages: 1 Online-Ressource(XIII, 306 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Public law .
    Abstract: Jurisprudential Exploration in Supervisory System Reform -- National Supervision in the Structure of Constitutionalism -- Implementation of Supervision Law and Concrete Rule of Law -- Supervisory Legislation and the Improvement of the Supervisory System -- System Construction of Supervision Law as A Discipline.
    Abstract: This book is the latest work on the reform of supervisory system by Qin Qianhong. The author demonstrates China’s supervisory system at both the theoretical and practical levels, discusses the historical development of supervisory system reform in depth and offers the prospect of supervisory system from his unique perspective. Theoretically, focusing on the context of China, the book studies systematically the origin, transformation and evolution of the concept of supervision and concludes the theoretical basis, object of research and basic scope of supervisory law research, in expectation of building a theoretical system. Practically, from the perspective of China’s reality, the book focuses on the studies of the crucial issues in supervisory system reform, such as the cooperation between supervisory power and prosecutorial power, and the status of supervisory institutions, aiming to provide suggestions for the supervisory system reform.
    URL: Cover
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  • 31
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811975769
    Language: English
    Pages: 1 Online-Ressource(XXIII, 318 p. 4 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation.
    Abstract: Global Value Chain in the Post Epidemic Era -- Challenges Facing International Economic and Trade Rules -- Official Export Credit Rules -- Competitive Neutrality Rules -- Cross Border E-Commerce and Digital Trade Rules -- Investor-State Dispute Settlement -- International Investment Agreements and the Multilateral Agreement on Investment -- International Regulatory Cooperation -- China's Theories on the Reconstruction of International Rules -- China's Practices to the Reconstruction of International Rules -- Conclusion.
    Abstract: This book is the final study report of the key project of the National Social Science Foundation of China, “China and the Reconstruction and Innovation of International Rules in the New Era of Global Value Chain”. On the basis of a comprehensive analysis of the complex situation of international rule reconstruction and innovation in the new era of the global value chain, this book makes an in-depth and systematic analysis on six types of international rules, namely official export credit rules, international competition rules, cross-border e-commerce and digital trade rules, ISDS, multilateral agreement on investment and international regulatory cooperation. It also introduces the theories and practices of China's engagement in the new round of reconstruction and innovation of international rules.
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  • 32
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811982309
    Language: English
    Pages: 1 Online-Ressource(V, 191 p. 4 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; International trade.
    Abstract: Chapter 1: Introduction: an overview of the ‘developing country status’ debate, Xiaowen Tan -- Chapter 2: Legal analysis and countermeasures of the divergence of ‘SDT clauses’, Prof. Lei Zhang and Yiming Li -- Chapter 3: WTO Accession and Subsidization Reform in China, Xiaowen Tan -- Chapter 4: Restructuring of Rules: Improvement and Perfection of the Status of Developing Countries and Graduation Clauses under WTO Reform, Qingyun Jiang -- Chapter 5: Evolution of China's Competition Policy: The Experience of a Developing Transition Economy, Pinguang Ying -- Chapter 6: Modelling the Economic Impact of RCEP on Developing Countries—A Computable General Equilibrium Approach, Yue Jiang -- Chapter 7: Implications for Resolving FRAND-rate Disorder in the Digitized World Trade Arena, Yang Yu. .
    Abstract: This book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.
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  • 33
    ISBN: 9789819915569
    Language: English
    Pages: 1 Online-Ressource(XX, 215 p. 34 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Kobe University Monograph Series in Social Science Research
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Development economics. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Foreign Direct Investment Inflow and Investment Climate in ASEAN Least Developed Countries -- Policy Choices in the Economic Law Reforms of ASEAN Emerging Economies: A Comparative Perspective -- Comparative Approach to ASEAN Competition Policy and Law -- Characteristics of Labour Dispute Resolution in the Four ASEAN Least Developed Countries -- Dispute Resolution Systems in Vietnam: A Typical Example of the Southeast Asian Way- Asset Preservation Procedures and Compulsory Execution as the Basic Framework for Debt Recovery in the ASEAN Least Developed Countries: An Interim Report on the Law and Economic Development -- Status of the Reform of Laos’ Real Property System and a Perspective on Legal Development Support: A Fundamental Consideration of Phases 1 and 2 of the Lao Land Titling Project -- Foreign Direct Investment and Inflow Climate in Laos by Industry.
    Abstract: This book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025. The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as “sticks”) and investment incentives (as “carrots”). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor–State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.
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  • 34
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811991073
    Language: English
    Pages: 1 Online-Ressource(VII, 559 p. 5 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Social legislation. ; Commercial law.
    Abstract: Formation of the Intermediate field Between Contract Law and Tort Law -- Legal Regulation in Pre-contractual Stage -- Legal Regulation in the Intermediate field During the Performance of Contract -- Legal Regulation of Act of Courtesy -- Systematization of Legal Regulation in the Intermediate field Between Contract Law and Tort Law.
    URL: Cover
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  • 35
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819911646
    Language: English
    Pages: 1 Online-Ressource(XIII, 259 p. 8 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; Trade regulation.
    Abstract: Introduction -- Overview of tax incentives as subsidies in the context of international trade and competition: rationale for granting and regulating tax incentives -- Subsidy rules of the WTO and State aid law in the EU -- The internal benchmark and Chinese tax incentives -- Testing Chinese tax incentives against the ASCM and EU State aid law -- The origins of the differences in the testing results -- Recommendations for Chinese tax incentives and the future for the WTO’s subsidy rules -- Summary and conclusions.
    Abstract: The book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO’s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.
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  • 36
    ISBN: 9789819935130
    Language: English
    Pages: 1 Online-Ressource(XXII, 171 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Sustainable Development Goals Series
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Human rights.
    Abstract: The Nagoya Protocol and International Human Rights Law -- The Principle of Mutual Supportiveness in International Law -- Access -- Benefit-sharing -- Compliance -- Multifaceted Challenges Facing IPLCs and Biodiversity Conservation -- The Complementarity Thesis and its Limitations.
    Abstract: This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.
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  • 37
    ISBN: 9789811986734
    Language: English
    Pages: 1 Online-Ressource(XVIII, 270 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Contemporary Chinese Civil and Commercial Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil procedure. ; Commercial law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Preface (Loïc CADIET) -- Chapter 1. Case management or case elimination? A snapshot from North America (Margaret WOO) -- Chapter 2. Judicial management in Asia (Hanki SOHN) -- Chapter 3. Case management in Europe: a modern approach to civil litigation (C. H. (Remco) van RHEE) -- Chapter 4. New trends and perspectives on case management: proposals on contract procedure and case assignment management (Antonio CABRAL) -- Chapter 5. Towards a new court management? (Emmanuel JEULAND) -- Chapter 6. An approach and general overview to framing the structure of the court system and case management (Álvaro Pérez RAGONE) -- Chapter 7. Court management in transformation (FU Yulin) -- Chapter 8. The history and future of civil judicial case management in China (WANG Fuhua) -- Chapter 9. Specialized justice in the court structure form perspective (CHEN Hanping) -- Chapter 10. Managing claims (John SORABJI) -- Chapter 11. The civil case management in Chinese court, focusing on the time limit for adjudication and adducing evidence (LI Hao).
    Abstract: This book consists of general reports of the International Conference on Judicial Management from Comparative Perspective. This conference held on November 8–10, 2017, at Tianjin University, was organized by China Law Society (CLS) and International Association of Procedural Law Congress (IAPL). The general reporters are prominent scholars who have been selected worldwide by the IAPL Presidium to organize national reporters who shall do researches of his/her own state under the guide of the general reporter’s questionnaire on the specific subject. By this way, the comparative studies are trying to depend on national researches but overcome the general style of “talk past each other.” Moreover, the general reports summarize and give comment on the various system, phenomena or situation from comparative perspective, from which the audience will read their own orientation, doctrines and theories.
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  • 38
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819964765
    Language: English
    Pages: 1 Online-Ressource(XVI, 217 p. 31 illus., 30 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: Contemporary Chinese Civil and Commercial Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Trade regulation.
    Abstract: Introduction -- The evolution of and rationales for continuous disclosure requirements in Australia and China: Theoretical framework -- Application of continuous disclosure requirements: A comparative analysis of continuous disclosure provisions in Australia and China -- Continuous disclosure compliance management within Chinese listed companies: Deficiencies and enhancement proposals -- Role of external advisers in the continuous disclosure of Chinese listed companies: Limitations in the due diligence obligation and reform proposals -- Securities cross-border supervision in China: Difficulties and improvement proposals -- Conclusion.
    Abstract: This book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies’ external advisers, and securities regulators in dealing with Chinese cross-border listed companies’ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers’ efforts, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies’ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.
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  • 39
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819925056
    Language: English
    Pages: 1 Online-Ressource(XV, 345 p. 1 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Understanding China
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law. ; Law ; Law
    Abstract: What Is Law -- Legal System -- Source and System of Law -- Operation of Law in Modern Society -- Functions and Limits of Law -- Constitution -- Criminal Law -- Administrative Law -- Civil Law -- Commercial Law -- Intellectual Property Law -- Economic Law -- Environmental and Resource Protection Law -- Procedural Law.
    Abstract: This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.
    URL: Cover
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  • 40
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811984488
    Language: English
    Pages: 1 Online-Ressource(IX, 119 p. 2 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Translating and interpreting. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Language policy.
    Abstract: Introduction -- The Linguistic Turn in Jurisprudence -- Legal Language -- Translation of Chinese Legal Classics -- Translation of Modern Laws and Regulations -- Chinese Legal Language Planning in the New Area -- Conclusion.
    Abstract: By making a comprehensive and interdisciplinary analysis on the translation history of both the ancient Chinese legal classics and the modern laws and regulations, this book presents a full picture of development of Chinese legal translation. Legal translation in China has undergone twists and turns in the past and always lacked a systematic and comprehensive theoretical framework. Therefore, guided by the language planning theory, this book intends to build a theoretical framework for study and practices of legal translation in the New Era and provide a feasible path for general readers, students of relevant majors, and professionals interested in Chinese legal culture to get a refreshed understanding legal translation and legal culture promotion. .
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  • 41
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819916856
    Language: English
    Pages: 1 Online-Ressource(XXXV, 516 p. 30 illus., 18 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Asia
    Abstract: Chapter 1 1902 -- Chapter 2 1903 -- Chapter 3 1904 -- Chapter 4 1907 -- Chapter 5 1910 -- Chapter 6 1911.
    Abstract: This book seeks to trace the notarial history of China from 1902 to 1979. While working on this trailblazing effort, the author taps into a rich variety of artifacts, especially the notarial documents, archived records, manuals and journals from private collection or originally issued by China’s judicial authorities during different periods. No similar book has been published so far. Many of these items are taken from old publications and notarial documents that the author purchased from grass-root vendors. The book complements the text with illustrations, and the descriptions of the same articles are consistent throughout narrative. Even more remarkable is that many rare notarial historical materials in Chinese and foreign languages are available for the first time. This book is a must-read for researchers and students need in their understanding of China’s judicial system or China’s history. It gives a complete introduction to the development and evolution of China’s notarial system, which has great reference value for those who study this subject.
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  • 42
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811997648
    Language: English
    Pages: 1 Online-Ressource(XX, 467 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als Chen, Xingliang, 1957 - Humanistic foundation of criminal law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Criminology.
    Abstract: Introduction -- Human Nature Foundation Held by the Classical School of Criminology -- Human Nature Foundation Held by the Positivist School of Criminology -- Freedom of Will: A History of Theories.
    Abstract: This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
    URL: Cover
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  • 43
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Palgrave Macmillan
    ISBN: 9789811963940
    Language: English
    Pages: 1 Online-Ressource(XXV, 608 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Aeronautics—Law and legislation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International relations. ; Law of the sea. ; International law. ; Private international law. ; Conflict of laws. ; Comparative law. ; Aeronautics
    Abstract: Chapter 1: Introduction -- Chapter 2: The Defaulting State and the Jurisdiction of Annex VII Arbitral Tribunals -- Chapter 3: The Defaulting State and Fact-finding in the South China Sea Arbitration -- Chapter 4: The Defaulting State and the Experts in the South China Sea Arbitration -- Chapter 5: The Defaulting State, the Appointing Authority, and the Judges In the South China Sea Arbitration -- Chapter 6: Summary and Conclusions.
    Abstract: This book focuses on the legal and procedural problems caused by China’s default in the South China Sea Arbitration. Many of these problems arose because in several respects, China departed from the conduct of other defaulting States in cases before the International Court of Justice. The book argues that the Tribunal, confronted with the difficulties of maintaining the balance between two parties in a situation of default, drew on the full range of its powers to ensure that neither China nor the Philippines would suffer from China’s default. Further, the book describes the shortcomings of the submissions of putative amicus curiae. It refutes China’s questioning of the independence and impartiality of the experts and of the judges. In so doing, it explains the expert opinions and the Tribunal ’s assessments of the latter in the areas of satellite imagery, coral reef ecology, and navigational safety, while rebutting the half- truths and counter-truths disseminated by Chinese scholars about the proceedings. The book compares China’s threats to the independence of the Tribunal to its behavior towards Chinese judges. It places China’s accusations of bias against the Tribunal in the context of China’s domestic situation, and concludes that the Tribunal, acting independently and impartially, was able to perform the judicial function, despite China’s default. Alfredo C. Robles Jr. is a University Fellow at De La Salle University, Philippines. He holds doctorate degrees from the Université Paris 1 (Panthéon-Sorbonne), and Syracuse University. He is the author of French Theories of Regulation and Conceptions of the International Division of Labour (1994), The Political Economy of Interregional Relations: ASEAN and the EU (2004), The Asia-Europe Meeting: The Theory and Practice of Interregionalism (2008), The South China Sea Arbitration: Understanding the Awards and Debating with China (2018), Endangered Species and Fragile Ecosystems in the South China Sea: The Philippines v. China Arbitration (2020), and Vessel Collisions in the Law of the Sea: The South China Sea Arbitration (2022).
    URL: Cover
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  • 44
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819917747
    Language: English
    Pages: 1 Online-Ressource (126 pages)
    Edition: 1st ed. 2023.
    Series Statement: China Insights
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Law—Philosophy. ; Law—History. ; Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law
    Abstract: Chapter 1. The Chinese Dream Is Also A Dream of Pursuing Human Rights -- Chapter 2. Economic, Social and Cultural Rights -- Chapter 3. Civil and Political Rights -- Chapter 4. Rights of Ethnic Minorities -- Chapter 5. Rights of Women -- Chapter 6. Rights of the Child -- Chapter 7. Rights of the Elderly -- Chapter 8. Rights of Persons with Disabilities -- Chapter 9. China and Global Human Rights Governance.
    Abstract: This book describes the development of human rights in the People's Republic of China since 1949. In particular, since the reform and opening-up, China has deepened its understanding of the rule of law and human rights, and realized the incorporation of human rights into the Constitution. The cause of human rights in China has entered a period of rapid development in a planned and step-by-step manner, and a path of human rights development suited to China's national conditions has been set out. China's international exchanges and cooperation in the field of human rights have gradually deepened and strengthened, and China has made unique contributions, becoming a participant, builder and contributor to international human rights governance.
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  • 45
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819963645
    Language: English
    Pages: 1 Online-Ressource(XXXVII, 429 p. 16 illus.)
    Edition: 1st ed. 2023.
    Series Statement: Library of Selected Cases from the Chinese Court
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Criminal law. ; Administrative law.
    Abstract: Chapter 1: Lianqi Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., Sakai SIO International(Guangzhou)Co., Ltd. et al. (Appeal against Jurisdictional Objection in Dispute over Infringement of Patent for Invention): The Principle of “Two Conveniences” and the Mechanism of Leapfrog Appeal shall be Fully Considered when Confirming the Jurisdiction of Non-infringement and Infringement of Patent -- Chapter 2: Shanxi Coal International Energy Group Jincheng Co., Ltd. v. China CITIC Bank Co., Ltd. Xi'an Branch, Shaanxi Petroleum & Chemical Corporation Co., Ltd. (Dispute over Contract): In a Confirming Warehouse Transaction Without Real Trade Background, the Real Legal Relationship Among the Buyer, Seller, and the Bank Shall be Found to be the Relationship of Loan and Guaranty Contract -- Chapter 3: Xinjiang Longmei Energy Co. Ltd. v. Zheng X (Dispute over Equity Transfer Contract): Changed Circumstances Shall not Be Claimed to Rescind the Contract Concluded When a Party Clearly Knowing the Risk -- Chapter 4: Ping An Bank Co., Ltd. Beijing Branch, and Beijing Gold Exchange Co., Ltd. et al v. Hainan Jinfenghuang Hotspring Resort Co., Ltd., Beijing Xinyupeng Mechanical & Electrical Engineering Co., Ltd. et al (Dispute over Loan Contract): The Effect of Issuing a Blank Guaranty Contract Stamped with the Official Seal, and the Issue That a Guaranty Provider May Be Exempted Within the Scope of the Pledge Waived by Its Pledgee -- Chapter 5: China Nonferrous Metal Industry's Construction Co., Ltd. v. Hengfeng Bank Co., Ltd. Ningbo Branch and defendants in the first instance, Ningbo Zhong Ren Hong Electronics Co., Ltd. and Ningbo Gang Di Trade Co., Ltd. et al. (Disputes over the Issuing of Letter of Credit and the Right of Recourse) : Instruments Debtors Shall not Protest Against the Pledgee on the Ground of Protesting Against the Pledgor -- Chapter 6: Xinjiang Hua Cheng An Ju Real Estate Development Co., Ltd. v. China Railway Construction Bridge Engineering Bureau Group Co., Ltd. (Dispute over Contract for the Undertaking of Construction Projects): on Application of Good Faith Principle in Finding the Validity of Contract -- Chapter 7: LC Securities Co., Ltd. and Eastern Gold Jade Co., Ltd. v. Yunnan Xinglong Industry Co., Ltd. and Zhao X et al. (Dispute over a Suretyship Contract): The Scope of Security Liability Assumed by the Security Provider Shall be Limited to the Scope of the Principal Obligation -- Chapter 8: Bank of DaLian Co., Ltd. v. Dalian Branch of China Railway Modern Logistics Technology Co., Ltd. and Jinzhou Zuoyuan Sugar Foods Co., Ltd. et al. (Dispute over a Loan Contract): Pledge in Movable Property May not be Created by Possession Reformulation -- Chapter 9: Sichuan Zhongding Construction Engineering Co., Ltd. v. Zhu X and Natural Resources Bureau of Wulan County (Dispute over Contract for the Undertaking of Construction Projects): In a De Facto Juristic Relation, the Actual Builder May Claim Project Payments Directly with the Party Offering the Contract -- Chapter 10: Fujian Tinghu Real Estate Group Co., Ltd. v. Natural Resources Bureau of Xianyou County (Dispute over a Contract for Transfer of State-owned Construction Land Use Right): In Case of Breach of Contract due to Objective Reasons, the Liquidated Damages Clause Shall be Applied Primarily to Cover the Loss -- Chapter 11: Wang X V. Bazhou Sairui Machinery & Equipment Installation Co., Cao X(A) (Dispute over Change of Registration): The Claim of the Resigned Legal Representative for the Registration of the Change of the Legal Representative of Company Shall, Absent Other Remedies, Be Accepted by the Court -- Chapter 12: Peng X V. Chengdu Rural Commercial Bank Co., Ltd. Cuqiao Subbranch, Chen X, et al. (Dispute over Suretyship agreement): Impact on the Liability of Other Guarantors Involved of Creditor's Waiver in Mixed Security of Security in Rem as Provided by Debtor -- Chapter 13: Hubei YAS Commercial Chain Co., Ltd. V. Danyang Yongsheng Motor Transport Co., Ltd. (Dispute over Tort Liability): Criteria for the Determination of Erroneous Application for Property Preservation -- Chapter 14: Jiang X, Chen X, el al. V. Lin X, Weng X(A)., et al. (Dispute over Objection to the Enforcement of Judgment): Determination on the Time When the Seizure Ruling and the Notice of Assistance in Execution Take Effect -- Chapter 15: Huang X V. Xiamen Shuangrun Investment Management Co., Fenghe (China) Co. (the third party in the first instance), Hui'an County Rural Credit Cooperative (Dispute over the Objection by an Outsider to the Enforcement): The Requirements for the Valid Objection to the Execution by the Transferee of Equity -- Chapter 16: Guilin Zhangtai Industry Group Co., Ltd., Guangxi Lichengdong Investment Co., Ltd. et al (Enforcement Reconsideration of Dispute over Recovery of Financial Distressed Debt): Identification of Interest in Cases of Enforcement against Dispute over Recovery of Financial Distressed Debt -- Chapter 17: Zhou X v. Xiamen Baixiang Shouli E-Business Co., Ltd. (Dispute over Online Shopping Contract): Determination of the Basis for the Adjustment of Agreed Punitive Liquidated Damages. - Chapter 18: Yunnan Copper Co., Ltd. v. Kunming Wanbao Jiyuan Biotechnology Co., Ltd., Yunnan Zhongheng Innovation Investment Co., Ltd. etc (Dispute over Sale Contract): Identification of the Nature and Validity of Closed-loop Sale Contracts -- Chapter 19: Zhongkong Guorong New Energy Development Co., Ltd. v. Fuzhou Dade Industry Co., Ltd. (Dispute over Sale Contract): Determination and Application of Deposit-related Penalty Rules for Partial Performance of Contracts -- Chapter 20: Zhongrong Hengsheng Wood Industry Co., Ltd.(Beijing)v. Crosplus (Shanghai) Co., Ltd. and Nanjing Mengyang Furniture Sales Center (Dispute over Copyright Infringement): Elements for Copyright Protection of Works of Applied Art -- Chapter 21: JDB (China) Co., Ltd. v. Guangzhou Wanglaoji Health Industry Co., Ltd. (Dispute over False Advertising): Identification of False Advertising -- Chapter 22: Shandong Bittel Intelligent Technology Co., Ltd (Bittel) v. Jiangsu Zhongxun Digital Electronics Co., Ltd. (Dispute over Tortious Liability for Damages Arising from Malicious Prosecution in Intellectual Property Litigation): Standard for Assessing the Subjective Fault in Disputes over Damages Arising from Malicious Prosecution in Intellectual Property Litigation -- Chapter 23: Lacoste Company Limited v. Cartelo Pty Ltd. and Trademark Review and Adjudication Board of State Administration for Industry and Commerce of the People’s Republic of China (Administrative Dispute over Trademark Disputes): Impact of Offshore Co-existence Agreements on Determining the Trademark Similarity -- Chapter 24: Xiamen Meetyou Co., Ltd. v. Beijing Kangzhilesi Network Technology Co., Ltd. and China National Intellectual Property Administration (Administrative Dispute over Request for Declaration of Trademark Invalidity): Whether the Trademark at Issue is the Sign “Not to be Used as Trademark” Falls within the Jurisdiction of People’s Court to Review the Administrative Act or Conduct in Affirming and Authorizing the Trademark -- Chapter 25: Xiao X v. Seno LED Co., Ltd. (Dispute over Infringement of Patent for Invention): The Role of Interpretations of the Recorded Technical Effect upon the Patent Claims and Impact on the Principle of Equivalence -- Chapter 26: Medacor (Tianjin) Technology Co., Ltd. v. Sunshine (Tianjin) Group Co., Ltd., and Defendants in the First Instance, Wang A, Zhang A, et al. (Dispute over Infringement of Trade Secrets): How to Determine whether the Customer List Constitutes the Trade Secrets -- Chapter 27: Ningbo Beworth Textile Machinery Co., Ltd. v. Ningbo Cixing Company Limited (Dispute over License Contract for Technological Secrets): Handling of Cases involved both Criminal and Civil Proceedings related to Trade Secrets -- Chapter 28: VMI Holland B.V. and Cooper (Kunshan) Tire Co., Ltd. v. Safe-run Co., Ltd. (Dispute over Confirmation of Patent Non-infringement): Prerequisites for Confirming Patent Non-infringement -- Chapter 29: Alfa Laval Corporate A B v. China National Intellectual Property Administration and SWEP International A B (the Third Party in the First Instance) (Administrative Dispute over Invalid Patent for Invention): Determination of Modification of Patent Claims beyond Scope in Invalidity Declaration Proceedings -- Chapter 30: Shimano v. Sensah Smart Sports Equipment Co., Ltd. (Dispute over Infringement of Patent for Invention): Determination of Protection Scope of Functional Features -- Chapter 31: Shenzhen Jiedian Technology Co., Ltd. v. Shenzhen Laidian Technology Co., Ltd. and Anker Innovations Technology Co., Ltd. (Dispute over Infringement of Patent for Utility Models): Classification and Identification Standards of Technical Features in Patent Claims -- Chapter 32: Wartsila Finland Oy and Spliethoff’s Bevrachtingskantoor B.V. v. Rongcheng Xixiakou Shipbuilding Co., Ltd....
    Abstract: This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China”, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
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  • 46
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819952151
    Language: English
    Pages: 1 Online-Ressource(IX, 158 p. 5 illus., 3 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Criminal law. ; International criminal law. ; Human rights. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Political science. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Introduction -- Hazing In The U.S -- Hazing In India– Legal Position -- Hazing In Sri Lanka -- Hazing In Australia -- Conclusion. .
    Abstract: This is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka, and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges. Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities. The theme of the book is that universities are in the best position to protect students from hazing and must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause. The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers.
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  • 47
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789819939350
    Language: English
    Pages: 1 Online-Ressource(XV, 439 pages)
    Edition: 1st ed.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Data protection. ; Mass media ; Information technology
    Abstract: Chapter 1. The New Digital Economy & Cross Border Data Flows Definition Personal Data. Chapter 2. Consent (adult-children) -- Chapter 3. Data Localisation & Storage Limitation -- Chapter 4. Controller, Processor, Data Protection Officer -- Chapter 5. Right to be Forgotten(deletion) -- Chapter 6. Cross Border Transfer -- Chapter 7. Impact Assessments -- Chapter 8. Data Portability -- Chapter 9. Breaches & Penalties -- Chapter 10. Cyber Security - Law -- Chapter 11. Cross Border Data Agreements & Conclusions. .
    Abstract: The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries. .
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  • 48
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811975462
    Language: English
    Pages: 1 Online-Ressource(XXI, 291 p. 5 illus., 4 illus. in color.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Finance—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Corporate governance. ; Finance
    Abstract: Introduction -- Market Failures in Takeovers -- The Regulatory Framework of the U.K -- The Regulatory Framework of Germany -- The Regulatory Framework of China -- Comparison and Evaluation of the Regulatory Frameworks of the U.K., Germany and China -- Conclusion and Recommendations.
    Abstract: The book explores “what are the societal interests that may be affected by a takeover, are these protected under the current regulatory frameworks of the U.K., Germany, and China, (and if so) how are they protected and what recommendations can be made for future reforms in the three jurisdictions?” The book adopts three main methods: law and economics analysis, doctrinal legal research, and comparative analysis. The content of this book is intended not only for the academia; it may also benefit the policy makers by providing an evaluation on the strengths and weaknesses of different protection mechanisms and recommendations for future reforms. Besides, companies which are (potentially) interested in conducting takeovers in the three countries may also find this book useful with its overall analysis of the regulatory frameworks and representative takeover cases in the jurisdictions.
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  • 49
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore
    ISBN: 9789819933426
    Language: English
    Pages: 1 Online-Ressource (XXIV, 166 Seiten) , Illustrationen
    Parallel Title: Erscheint auch als Zhang, Chenyang Win in Chinese courts
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Some Basic Concepts and Systems -- Jurisdiction -- Case Filing and Determination of the Adjudicatory Personnel -- Service of Court Documents -- Trial -- Evidence -- Class Action in China? — Representative Litigation -- Civil Public Interest Litigation -- Property Preservation and Act Preservation -- Enforcement -- Settlement and Mediation.
    Abstract: This open access book aims to provide an initial but comprehensive roadmap for the Chinese civil litigation system. It starts with some basic concepts of the Chinese judicial system (e.g., court system, case numbering, hierarchical trial system, etc.) and runs through the entire process and most aspects of civil litigation cases (e.g., jurisdiction, service of process, rules of evidence, enforcement, representative actions, etc.). The first target audience for this book is lawyers outside of mainland China. For professors and law students, this book also serves as a window into the Chinese judicial system in a short period of time. It is my hope that this book serves as a backdrop for additional observations of Chinese judicial practice, such as a review of recent cases. This is an open access book. .
    Note: Open Access , Text englisch; Text enthält chinesischen Schriftzeichen
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  • 50
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811945106
    Language: English
    Pages: 1 Online-Ressource(XXVII, 329 p. 2 illus.)
    Edition: 1st ed. 2023.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Liang, Zhiping A study of legal tradition of China from a culture perspective
    Keywords: Law—Philosophy. ; Law—History. ; China—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law ; Law ; China
    Abstract: Family and Country -- Punishment and Law -- The Method of Controlling Disorder -- "Fajing" and the Law of the Twelve Tables -- Personal -- Class -- The Distinction of Morality and Interests -- No-lawsuit -- The Ethical and Legal Culture -- Li and Law: the Legalization of Moral -- Li and Law: the Moralization of Law -- Natural Law -- The Turning Point: the Past and the Future.
    Abstract: Professor Zhiping Liang offers a new understanding of Chinese legal tradition in this profoundly influential book. Unlike the available literature using the usual method of legal history research, this book attempts to illustrate ancient Chinese legal tradition through cultural interpretation. The author holds that both the concept and practice of law are meaningful cultural symbols. The law reveals not only the life pattern in a specific time and space but also the world of the mind of a specific group of people. Therefore, just as cultures have different types, laws embedded in different societies and cultures also have different characters and spirits. Believing that human experience is often condensed into concepts, categories, and classifications, the author begins his discussion with the analysis of relevant terms and then seeks to understand history by interpreting the interaction and interconnectedness of the words, ideas, and practices. Based on the same understanding, the author uses modern concepts reflectively and critically, consciously exploiting the differences between ancient and contemporary Chinese and Western concepts to achieve a more realistic understanding of history while avoiding the ethnocentrism and modern-centrism common in historical studies.
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    ISBN: 9789819954674
    Language: English
    Pages: 1 Online-Ressource(XIII, 291 p. 9 illus., 7 illus. in color.)
    Edition: 1st ed. 2023.
    Series Statement: The Indian Yearbook of Comparative Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Constitutional law. ; Human rights. ; Environmental law, International.
    Abstract: Part 1: Public Law: Constitutional Law -- Chapter 1. Reclaiming Rechtsstaat from the Stuntmen of the State (Niraj Kumar) -- Chapter 2. Surname System and its constitutionality (Noriyuki Asano) -- Chapter 3. Buddhist Cosmological Narratives and hybrid statehood in Sri Lanka and Myanmar (Punsara Amarasinghe) -- Chapter 4. Besmirching Honourable Men: The Defamation of Politicians in Singapore (Kevin Tan) -- Chapter 5. The Constitutional Value of the Guarantee Clause (Raunaq Jaiswal) -- Chapter 6. Beyond friend and enemy: The stranager as a political category in colonial modernity (Moiz Tundawala) -- Chapter 7. Administrative Justice in Iran; Oscillating between Monism and Dualism (Moslem Aghaeitogh) -- Chapter 8. Administrative Adjudication in the Common Law: A comparison of setups and legal tensions with India (Dinesh Singh) -- Part 2: Private Law -- Chapter 9. The European Social Model facing the Economic and the Covid Pandemic Crises (George Katrougalos) -- Chapter 10. Intellectual Property and Investment Treaties: Comparing Newest Indian and Australian Treaty Practices (Prabhash Ranjan) -- Part 3: Comparative Law: General Themes -- Chapter 11. R2P: A Comparative Study Between Universalism and Asian Exceptionalism (Rashmi Raman) -- Chapter 12. Intersection of Law, Religion, Customs & the Problem of Child Marriage in Global South: A Comparative Study of India, Nigeria and Uganda (Neha Mishra) -- Chapter 13. Developmentalism, Forest Protection and the Idea of Greater Justice in India (Rajnish Saryal).
    Abstract: This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted. The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.
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  • 52
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811912849
    Language: English
    Pages: 1 Online-Ressource(LV, 385 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: China Arbitration Yearbook
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law).
    Abstract: Judicial Review of Arbitration Agreement -- Multi Contracts and Conflicting Dispute Resolution Provisions -- Arbitration Institution and Place -- Parties -- Arbitrator and Tribunal -- Arbitral Procedures -- Evidence -- Arbitrability and Arbitral Scope -- Arbitral Awards and Decisions -- Public Policy -- Main China Arbitration Institutions and Judicial Review Decisions -- Recognition and Enforcement of New York Convention Awards in China.
    Abstract: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
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  • 53
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811931895
    Language: English
    Pages: 1 Online-Ressource(VII, 342 p. 4 illus., 2 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Criminal law.
    Abstract: An Analysis of the Reasons for the Rise of Financial Crimes and the Decline of Violent Crimes -- Main Challenges Facing to the China's Criminal Legislation on Punishing Financial Crimes -- Criminal Regulations of China's Cybercrime and Its International Cooperation -- Main Trends in the Development of International Crime in the Implementation of Cybertechnologies -- Compliance Against Computer Crimes -- Risks of Cyberspace to Fundamental Rights in the Global Era -- Combating Criminal Computer at Council of Europe -- Digital Technology as a Source of Criminal Risks.
    Abstract: This book presents the latest and most relevant studies, surveys, and succinct reviews in the field of financial crimes and cybercrime, conducted and gathered by a group of top professionals, scholars, and researchers from China, India, Spain, Italy, Poland, Germany, and Russia. Focusing on the threats posed by and corresponding approaches to controlling financial crime and cybercrime, the book informs readers about emerging trends in the evolution of international crime involving cyber-technologies and the latest financial tools, as well as future challenges that could feasibly be overcome with a more sound criminal legislation framework and adequate criminal management. In turn, the book highlights innovative methods for combating financial crime and cybercrime, e.g., establishing an effective supervision system over P2P; encouraging financial innovation and coordination with international anti-terrorism organizations and multiple countries; improving mechanisms for extraditing and punishing criminals who defect to another country; designing a protection system in accordance with internationally accepted standards; and reforming economic criminal offenses and other methods that will produce positive results in practice. Given its scope, the book will prove useful to legal professionals and researchers alike. It gathers selected proceedings of the 10th International Forum on Crime and Criminal Law in the Global Era (IFCCLGE), held on Nov 20–Dec 1, 2019, in Beijing, China. .
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  • 54
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811684104
    Language: English
    Pages: 1 Online-Ressource(XLI, 437 p. 28 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Library of Selected Cases from the Chinese Court
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Criminal law. ; Administrative law.
    Abstract: Cases by Justices -- Cases at the Adjudication Committee -- Typical Cases.
    Abstract: This book includes guiding cases of the Supreme People’s Court, cases deliberated at the Adjudication Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Cases at the Adjudication Committee and Typical Cases, which will introduce readers to Chinese legal process, legal methodology and ideology in an intuitive, clear and accurate manner. This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of serving trial practices, serving economic and social development, serving legal education and legal scholarship, serving the rule of law in China, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
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  • 55
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811922398
    Language: English
    Pages: 1 Online-Ressource(XVI, 814 p. 76 illus., 2 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Civil law.
    Abstract: Establishment of Company -- Shareholders, Director, Supervisors, Senior Executives -- Investment, M&A, Creditor’s Rights -- Financing and Guarantee -- AlteratiLaws and Regulationson, Liquidation and Cancellation -- Neglectable Violations.
    Abstract: This book presents the essential knowledge and legal practice for establishing and operating companies in China. The book includes 6 chapters: Establishment of a Company; Shareholders, Directors, Supervisors, Senior Executives; Investment, M&A and Creditor's Rights; Financing and Guarantee; Alteration, Liquidation and Cancellation; Malfeasance Most Likely to be Overlooked. The end is a summary of the laws and regulations involved in the chapters above. From a professional perspective, this book explains and analyzes the key points, practical difficulties and potential risks that an enterprise may encounter in the process of establishment and operation, describes in detail the key points for handling various businesses and matters, the notes for selection of different administrative procedures, and conducts multi-dimensional comparison and case analysis to facilitate readers' understanding. This book is a practical guide for everyone to understand how to establish and operate a company in China, which is not only suitable for readers who want to start a business or have already started a business, but also suitable for overseas investors to fully understand how to establish and operate a company in China. It is also helpful for investors and entrepreneurs to lead the enterprise to be more standardized and more compliant so as to achieve better operation and development. In addition, this book could be used as a reference book for legal and financial professionals to help professionals become more professional.
    URL: Cover
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  • 56
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811920318
    Language: English
    Pages: 1 Online-Ressource(VI, 214 p. 6 illus., 4 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Administrative law. ; Political planning.
    Abstract: Part I. General Report -- Part Ⅱ. Systematic Advancement of Openness of Government Affairs Practical Explorations by the Government of Beijing Municipality in Precision -- Part Ⅲ. Systems Relating to the Openness of Government Affairs 30 Years of Local Legislation on Secrecy in China: History,Current Situation and Prospect -- Part Ⅳ. Openness of Government Affairs in Specific Fields -- Part V. Giving Full Play to the Role of the Openness of Government Affairs.
    Abstract: This book is the result of an objective analysis based on quantitative research of the situation of openness of government affairs in China in 2019. It consists of five parts: General Re-port, Systematic Advancement of Openness of Government Affairs, Systems Relating to Openness of Government Affairs, Openness of Government Affairs in Specific Fields and Giving Full Play to the Role of Openness of Government Affairs. This book contains a large amount of the latest and most authoritative data collected by the author's team with high credibility. The rule of law index research framework used in this book was initiated by the author's team and has been continuously updated and improved. Through the evaluation of government transparency, it demonstrates the improvement of China's open government system and the steady progress of open decision-making, as well as the significant progress of open government services. It also provides scientific and objective feasibility advice and suggestions for enhancing the awareness of openness, accurately identifying public information needs, integrating openness into the whole process of government activities, and improving the level of information security.
    URL: Cover
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  • 57
    ISBN: 9789811968648
    Language: English
    Pages: 1 Online-Ressource(X, 211 p. 5 illus., 3 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Law—Philosophy. ; Law—History.
    Abstract: 1. The development of Chinese law under the international debate on adequate intellectual property protection -- 2. The New Right Limitation and Exception Rules in Chinese Copyright Law -- 3. Copyright and Human Rights: Why the Marrakesh Treaty Approach is Politically Correct but Legally Disputable -- 4. The music borrowing: Right Infringement or Freedom of Art? -- 5. Copyright Protection in the Live Broadcasting -- 6. Copyright Enforcement via Civil Damages Remedy -- 7. Empirical Research: Patent Litigation in the Beijing Courts -- 8. Critical Comments on the Third Amendment of Chinese Trademark Law -- 9. Comments on The Fourth Amendment to the Chinese Trademark Law -- 10. Three Opportunities for Research on the Interdisciplinary Field of “Intellectual Property and Judiciary”.
    Abstract: The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy.
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  • 58
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811923821
    Language: English
    Pages: 1 Online-Ressource(XIX, 501 p. 113 illus.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Artificial intelligence.
    Abstract: Preface -- Overview of the “Smart Court” Initiative -- Development Requirements -- Top-level Designs -- Application Systems -- Big Data Management and Services -- Information Infrastructure -- Cyber Security -- Quality and Efficiency-oriented Operation and Maintenance -- Policy Support -- Performance Results -- Prospects for “Smart Court”.
    Abstract: This book discusses the overall development and use of smart courts from the perspective of system-of-systems engineering (SoSE) and its methodology, analyzes the relationships between the components, structures, environments, and functions of various systems, and illustrates the basic approaches to system design, specification, integration, operation and management. As the general introductory book of the China Smart Court Development Series, this book provides an overview of the development of Chinese people's courts in the application of information technology over the past two decades and outlines the key areas of exploration in the Smart Court SoSe project centered on the development practices during the 13th Five-Year Plan period. It also forecasts the future development and evolution of the smart court information system. The key topics introduced in the book, including the overall design of complex information systems, integrated interconnection networks-based system integration, judicial big data quality control and analytics services, various types of AI-enabled judicial services, quality and efficiency-oriented operation and maintenance services for large-scale information systems, etc., all came from the basic research of information science and theories, as well as the systems engineering practices of the Smart Court SoSe project. They not only reflect the latest findings on systems engineering and architecture methods in China and overseas, but also reveal many innovative approaches to SoSE methods and paradigms, which can be used for the design and continued development of smart courts at a new and higher starting point. It is believed that they can also serve as good examples and reference points for the development in IT application and complex information systems engineering in other sectors. .
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  • 59
    ISBN: 9789811927942
    Language: English
    Pages: 1 Online-Ressource(XXII, 347 p.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Civil law. ; Law—Philosophy. ; Law—History.
    Abstract: General Part -- Real Rights -- Contracts -- Personal and Personality Rights -- Marriage and Family -- Succession -- Tort Liability.
    Abstract: This book consists of 7 parts and 1,260 articles, each part in turn being the General Provisions, Real Rights, Contracts, Personal and Personality Rights, Marriage and Family, Succession, Tort Liability, and the By-laws, which came into force on January 1, 2021. The codification of the Civil Code is a comprehensive and systematic compilation and revision of the existing civil legal norms of China, which were formulated in different periods of time. The Civil Code of the People's Republic of China is recognized as a declaration and guarantee of civil rights in China. This book is characterized by the addition of article-by-article purpose on the basis of legal articles, systematically indicating the main content of each article, so that readers can easily and clearly understand the content of the articles.
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  • 60
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811936517
    Language: English
    Pages: 1 Online-Ressource(XV, 330 p. 1 illus.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Chen, Ruihua, 1967 - Models of criminal procedure system
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law.
    Abstract: On Negotiated Procedural Justice -- The Adversarial Justice and the Cooperative Justice -- Primary Research on the Criminal Action in Rem -- The Rise of Sentencing Negotiation System in China -- The Compliance Incentive Model of Criminal Procedure -- On the Private Cooperation Model in Criminal Proceedings -- Chinese Model of the Exclusionary Rule -- A Preliminary Research on Failure of Criminal Procedure -- Three Models of the Incidental Civil Action -- On the Theory of Coordinating Defense -- Retrospect and Prospect of Criminal Defense System in the Past Forty Years -- Three Forms of Criminal Trial.
    Abstract: This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start. .
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  • 61
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811924804
    Language: English
    Pages: 1 Online-Ressource(XIV, 235 p. 1 illus.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Environmental law, International.
    Abstract: Environmental Risks That May Be Caused by GM Crops -- The International Regulatory Approach Addressing Environmental Risks That May Be Caused by GM Crops -- The Chinese Regulatory Framework and Institutional Structure Addressing Environmental Risks That May Be Caused by GM Crops -- Legal Principles Addressing Environmental Risks That May Be Caused by GM Crops in China -- Legal Measures Addressing Environmental Risks That May Be Caused by GM Crops in China -- Conclusion.
    Abstract: This book analyzes international and Chinese regulatory approaches addressing environmental risks that may be caused by GM crops and examines how China implements its international obligations in its policies and laws. Using the legal doctrinal method, the book discusses the precautionary principle and the public involvement principle, as well as several legal measures at the international law level and in Chinese law. It observes that legal principles and measures as provided for in China’s GMO legal framework have generally implemented the international obligations regarding the prevention of environmental risks that may be caused by the cultivation of GM crops and related activities. However, the book argues that Chinese law lacks an explicit codification of the precautionary principle, and the same is true with regard to public participation; the regulatory framework lacks specific obligations. It concludes that future research should focus on the application and enforcement of the relevant Chinese legislation, and that it is also important to investigate how the environmental risks that may be caused by new techniques, such as genome-editing techniques, could be prevented, given the experience gained by regulating the cultivation of GM crops and related activities.
    URL: Cover
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  • 62
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811944680
    Language: English
    Pages: 1 Online-Ressource(XIX, 272 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law of the sea. ; Aeronautics—Law and legislation.
    Abstract: Origin: The Issue of Chinese Representation in Making Peace with Japan -- Attack and Defense: Cross-Strait “Diplomatic Battle” and “Truce” around the Issue of Taiwan’s Participation in the International Space -- Base: Alignment of Cross-Strait Political Relations -- Change: Means of Existence of the Taiwan Region in the International Space -- Political Gamesmanship: Taiwan’s Strategies for Participating in International Organizations and the Mainland’s Response -- Coordination: Problems with the Co-Existence of Both Sides in the Same International Organizations, and Potential Solutions -- Future: Construction of a Mechanism for Taiwan’s Orderly Participation in the International Space.
    Abstract: This book points out the legal roots of the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space, and the Treaty of San Francisco and the “Undetermined Status of Taiwan”. Based on an academic standpoint, the book studies the legal theories related to the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space from the Mainland Chinese perspective. It focuses on the different descriptions and regulations of the alignment of Cross-Strait political relations between the Mainland of China and Taiwan and discusses the status, forms, problems, and prospects of the coexistence of the two sides in the international space. Compared with the policy oaths used in current studies, the book systematically discusses the alignment of Cross-Strait political relations and the issues of Taiwan's participation in international space with a theoretical interpretation. It uses detailed historical materials, especially valuable policy documents and excerpts of speeches cited of the Mainland of China. This book puts forward a series of important propositions, such as the construction of a mechanism for Taiwan’s orderly participation in the international space and means of existence of the Taiwan region in the international space.
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  • 63
    ISBN: 9789811913686
    Language: English
    Pages: 1 Online-Ressource(XXV, 714 p. 24 illus., 16 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Commercial law. ; Trade regulation. ; Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International economic relations. ; Economics.
    Abstract: Introduction -- Part 1. Chapter 2. The Latest Regulatory Regime of SOEs under International Trade and Investment Treaties -- Chapter 3. Working title: Global liberalization of PPPs -- Chapter 4. Current Chinese corporate governance reform on state-owned enterprises and its impacts on their overseas investment -- Chapter 5. Legal issues of “Going Global”: the Chinese Public-Partnership model in transnational perspective -- Chapter 6. Elephant in the room: On the Notions of SCEs in International Investment Law and International Economic Law -- Chapter 7. The Need to Update Securities Regulation in an Era of Hegemonic Rivalry -- Chapter 8. The treatment of Chinese SOEs under EU competition law: seeking truth from existing decisions -- Part 2. ECONOMIC AND INSTITUTIONAL EXPANSION OF STATE CAPITALISM -- Chapter 9. “Beyond Wealth: Sovereign Funds, Levered Capital, and the Agenda for Sustainable Development” -- Chapter 10. Planning “beside” and “beyond” the state: corporations’ and sovereign wealth funds’ planning strategies.-11. Working title: ‘privatizations of State-owned companies at EU level -- Chapter 12. The Public Value Creation of State-owned Enterprises -- Chapter 13. Working title Cross border financing of Political parties and role of SCEs -- Chapter 14. China’s Technology Import Substitution Policy: The Role of China’s State Controlled Entities with U.S. Investments -- Chapter 15. Wealth Funds and Public Value Theory -- part 3. The accountability of state capitalism: exploring the forms of liabilities -- Chapter 16.Direct and Indirect State liability for actions of a state-owned enterprise -- Chapter 17. Working Title ‘Social Responsibility’ in the Governance of Chinese State-Owned Enterprises -- Chapter 18. National Security Review for Foreign Investments in China: A Transnational Approach -- Chapter 19. Investment screening: Controlling investments from State Controlled Enterprises -- Chapter 20. Political Support, Competitive Advantage, and International Investment Screening of SOEs/SCEs -- Chapter 21. The end of European naivety: Difficult times ahead for SCEs/SOEs investing in the European Union -- part 4. Regional and country perspectives -- Chapter 22. Vietnam's reform of state-owned entities: domestic and external drivers -- Chapter 23. How to handle state-owned enterprises in EU-China investment talks -- Chapter 24. State-Owned and Influenced Enterprises and the Evolution of Canada’s Foreign Direct Investment Regime -- Chapter 25. Fintech regulation and its impact on state-owned companies in Europe -- Chapter 26. Chinese State-Owned Enterprises in Africa: Always a Black-and-White Role? -- Chapter 27. The evolution of procurement regulation in Chinese SOEs -- Chapter 28. Port and Rail Investments: Reform of Chinese Regulations, Paradigm Shift of Chinese State-Controlled Entities and Global Freedom of Investments -- Chapter 29. The Role of State-Owned Enterprises in the Development of China’s Polar Silk Road: The Evidences from Russia and Nordic Countries.
    Abstract: This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book.The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.
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  • 64
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811935862
    Language: English
    Pages: 1 Online-Ressource(LX, 367 p. 96 illus., 91 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Artificial Intelligence and the Rule of Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Information technology—Law and legislation. ; Mass media—Law and legislation. ; Artificial intelligence.
    Abstract: AI Policies and Laws -- Theoretical Research on AI and Rule of Law -- AI Applications in the Rule of Law -- Al-related Case Analysis (China) -- Special Reports on Development of Artificial Intelligence and Rule of Law -- The Use of AI in Law in Response to Major Epidemics -- Expert Interviews on the Development of Artificial Intelligence and Rule of Law -- Questionnaire on Legal Aspects of Artificial Intelligence. .
    Abstract: This book focuses on the development of artificial intelligence and rule of law in the current world. It covers topics such as AI strategy, policy, law, theoretical research, and practical application. Through an in-depth analysis and thorough evaluation, this book provides a more objective, fair, accurate and comprehensive report. The purpose is to lead the AI and rule of law research and create an AI and rule of law environment which is conducive to the construction of AI and rule of law system. In particular, it aims to play an active role in promoting the establishment of legal systems, policy systems, and codes of ethics that are compatible with the innovative development of AI, thus facilitating the implementation of a new generation of AI development strategies, and ensuring the safe, reliable, controllable, healthy, and sustainable development of AI.
    URL: Cover
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  • 65
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811932304
    Language: English
    Pages: 1 Online-Ressource(X, 71 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: SpringerBriefs in Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law—Philosophy. ; Law—History. ; Public law .
    Abstract: Introduction -- Behavioral Public Choice and the Law: The Synthesis of Two Revolutions -- Behavioral Democracy and the Law -- Behavioral Constitutional Economics -- Behavioral Bureaucrats and Administrative Law -- Behavioral Courts and Judicial Doctrines.
    Abstract: This book provides an accessible introduction to the emerging field of behavioral public choice economics and the law. This field studies how public officials, lawmakers, and judges fall prey to their own biases and heuristics, and how constitutions and judicial doctrines can be structured to mitigate these cognitive shortcomings. Written lucidly in plain language, this book is invaluable to all students, scholars, and general readers interested in behavioral economics, law and economics, and political economy.
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  • 66
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811900754
    Language: English
    Pages: 1 Online-Ressource(XVII, 323 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International law. ; Private international law. ; Conflict of laws. ; Comparative law.
    Abstract: A Bird’s-Eye View -- The Nature of Guerilla Tactics in International Arbitration -- The Various Forms of Guerilla Tactics and Their Impact on the Arbitral Process -- Possible Factors that Might Enable Participants to Deploy Guerilla Tactics -- Mechanisms to Control Guerilla Tactics -- Recommendations -- Conclusion.
    Abstract: The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore.
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  • 67
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811935633
    Language: English
    Pages: 1 Online-Ressource(IX, 484 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Business enterprises—Taxation. ; Business tax—Law and legislation.
    Abstract: Introduction -- Countries Economic Data -- Countries Tax Domestic Systems -- Tax Treaties Tables -- UN Model Treaty -- ECF Model Treaty -- Collection of tax treaties -- Selection of Tax Circulars.
    Abstract: This book covers the Tax Treaties which The People’s Republic of China has signed with various nations of the European Region. This book is a collection of the treaties, supplementary materials, and selected implementing circulars. It is edited and ordered according to geographical/economic criteria and accompanied with integrated with tables, domestic tax systems reports, and accompanying circulars and treaty model texts. This book has never been compiled for Chinese tax treaties before, providing a new resource for firms and researchers to access the materials with ease. This book has the potential to be a part of a volume on China double tax treaties, and the book will encompass the entirety of China’s Global Tax treaties. The intended readership of this book will be primarily professionals who are working in both the international accounting and legal industries. These readers frequently reference the treaties through the course of their normal business for the purpose of forming optimum tax structures and corporate structuring. However, it is also foreseeable that this book will be of interest to academic researchers in multiple fields from geo-politics, accounting, legal to economics. .
    URL: Cover
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  • 68
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811927799
    Language: English
    Pages: 1 Online-Ressource(X, 217 p. 1 illus.)
    Edition: 1st ed. 2022.
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Meng, Zixin State immunity and international investment law
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Staatenimmunität ; Internationale Schiedsgerichtsbarkeit
    Abstract: Acknowledgements -- List of Abbreviations -- Part I A General Statement of Principles -- Introduction -- An Appraisal of State Immunity -- State Immunity and Its Enforcement -- Part II Investment Practice of State Immunity -- Jurisdiction Versus Execution -- Conditions for Enforcement -- Conservatory Measures -- State Property Immune from Execution -- Existing Remedies of State Immunity -- Addressing the Dilemma of State Immunity: An Alternative Approach -- Conclusion.
    Abstract: The book provides a sophisticated analysis of state immunity from an enforcement perspective. It covers all relevant legal techniques of enforcing an arbitral award against a sovereign state. Besides tackling the plea of state immunity through the courts, this book also covers notable non-judicial remedial measures which may aid the aggrieved investors in satisfying their claims against state parties to a dispute. These measures may be used either to enhance the effectiveness of judicial remedies or as stand-alone remedies when legal measures seem (or prove to be) ineffective. After having identified problems arising from a lack of universal agreement on state immunity and the diversity and, more dishearteningly, the inadequacy of forms of enforcement available to an aggrieved claimant, this book proposes a new approach to solve state immunity issues. The international community must work towards the setting up of a central enforcement agency, a functional model of enforcement.
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  • 69
    ISBN: 9789811945823
    Language: English
    Pages: 1 Online-Ressource(XXIII, 307 p. 7 illus., 3 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: International Law and the Global South, Perspectives from the Rest of the World
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Information technology—Law and legislation. ; Mass media—Law and legislation. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law and economics.
    Abstract: Sri Lanka: An Introduction to a Rising Nation -- Obligations, flexibilities and domestic implementation of international intellectual property law -- Patents: Acquisition, Nature and Scope of Rights -- Plant Varieties, Plant Breeders’ and Farmers’ Rights -- Trade Marks: Acquisition, Nature and Scope of Rights -- Geographical Indications -- Copyright: Subject Matter, Nature and Scope of Rights.
    Abstract: This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.
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  • 70
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811918827
    Language: English
    Pages: 1 Online-Ressource(XVII, 389 p. 5 illus., 4 illus. in color.)
    Edition: 1st ed. 2022.
    Series Statement: Modern China and International Economic Law
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation.
    Abstract: Introduction -- Setting Forth the Analytical Framework Based on the International Rule of Law and International Investment Rule of Law -- Applying the Analytical Framework to African Investment Measures and Investor Obligations in Awards of ISDS Arbitral Tribunals -- Applying the Analytical Framework to An overall appraisement of African international investment rule of law -- Applying the Analytical Framework to the Development of International Investment Rule of Law between China and Africa -- Applying the Analytical Framework to the Development of China-African Investment Rule of Law.
    Abstract: This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.
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  • 71
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Springer
    ISBN: 9789811941719
    Language: English
    Pages: 1 Online-Ressource(XVIII, 259 p. 1 illus.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Law. ; Economics. ; Power resources. ; Environmental policy. ; Renewable energy sources.
    Abstract: The Power System: Present and Future -- Coexistence of the Traditional-Centralised Power System Regulation and Emerging Technologies Regulation – Overview -- Law and Society: How the Active Role of Consumers Fits into the Broader Contex -- Access to the Network: The Regulation of the Distribution -- Active Consumers: Access to Relevant Markets and Consumer Rights.
    Abstract: This book argues that law has a vital role in shaping the electricity system to enable a more active role for consumers in liberalizsed electricity industries. To do that, this book offers a unique legal perspective of the Netherlands, New Zealand and Colombia to help understand some of the current legal approaches to prosumers and therefore the legal challenges and opportunities facing. Law and regulation have the role of creating a level playing field for emerging participants, such as prosumers, to participate and compete in the market together with traditional actors, bringing not only more competition but also representing a more sustainable, environmental and democratic way to supply energy. Furthermore, law and regulation have the role of responding to innovation and creating space for technological advances to procure the changes in the industry without delay. This book examines some of the legal barriers for the raise of energy prosumers. The traditional role of the distributor when responding to increasing distributed generation in the network; prosumers unable to decide to whom they can sell their electricity to; the price of the energy or even whether to participate more actively in demand response programs. A further issue is the lack of clarity about whether small prosumers are entitled to consumer protection rights and legal challenges regarding configuration, access to the network, access to markets and strict unbundling rules for community energy projects. This book provides a clear, analytical, and informed approach to understanding the regulatory framework around energy prosumers. It will appeal to policy makers, lawyers, individuals, business entrepreneurs or communities wanting to engage in energy projects, as well as academics, researchers and students.
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  • 72
    Online Resource
    Online Resource
    Singapore : Springer Nature Singapore | Singapore : Imprint: Palgrave Macmillan
    ISBN: 9789811697937
    Language: English
    Pages: 1 Online-Ressource(XVI, 222 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2022.
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
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    Keywords: Mediation. ; Dispute resolution (Law). ; Arbitration (Administrative law). ; International relations. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Peace.
    Abstract: 1. Introduction -- 2. The Uncontested Factual Background -- 3. The COLREGS, Mariners, and States -- 4. The COLREGS and the Arbitral Tribunal’s Jurisdiction -- 5. The Violations of the COLREGS as Violations of the United Nations Convention on the Law of the Sea -- 6. Towards a Critique of the Rationalizations of Collisions as Instruments of Chinese Foreign Policy -- 7. Summary and Conclusions.
    Abstract: This book focuses on the decision of the Tribunal in the South China Sea Arbitration that China had operated its law enforcement vessels in ways that created risks of collision with Philippine official vessels at Scarborough Shoal in April and May 2012. The book explains the International Regulations for Preventing Collisions at Sea (COLREGS) and the incidents in layperson’s terms. It analyzes China’s violations of the COLREGS on the basis of confidential Philippine documents declassified for the Arbitration, technical works by professional mariners, and the reports submitted by the navigational safety experts to the Tribunal. It pays attention to Chinese post-arbitration critiques of the Tribunal ’s decision, which it characterizes as rationalizations of collisions as instruments of Chinese foreign policy. It contrasts China’s conduct with the practice of the US and Western European States, which mandate compliance with collision regulations even during law enforcement operations. The book draws on sources in five languages (English, French, German, Italian, and Spanish), and helps the reader understand the pattern of China’s harassment of vessels from littoral and non-littoral States in the South China Sea as well as the absence of legal foundations for China’s rationalizations of its behavior. Alfredo C. Robles, Jr. is a University Fellow at De La Salle University, Philippines. He holds doctorate degrees from the Université Paris 1 (Panthéon-Sorbonne), France, and Syracuse University, USA. He is the author of French Theories of Regulation and Conceptions of the International Division of Labour (1994), The Political Economy of Interregional Relations: ASEAN and the EU (2004), The Asia-Europe Meeting: The Theory and Practice of Interregionalism (2008), The South China Sea Arbitration: Understanding the Awards and Debating with China (2018), and Endangered Species and Fragile Ecosystems in the South China Sea: The Philippines v. China Arbitration (2020).
    URL: Cover
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