- Table View
- List View
Refugees and Asylum Seekers: Interdisciplinary and Comparative Perspectives
This volume engages human rights, domestic immigration law, refugee policy in the United States, Canada, and Europe, and scholarship to examine forced migration, refugee resettlement, asylum seeker experiences, policies and programs for refugee well-being in North America and Europe.Given the recent "re-politicization" of forced migration and refugees in Europe and the U.S., this edited collection presents an in-depth, multi-dimensional analysis of the history of policies and laws related to the status of refugees and asylum seekers in the U.S., Canada, and Europe and the challenges and prospects of refugee and asylum seeker assistance and integration in the 21st century.The book provides rich insights on institutional perspectives critical to understanding the politics and practices of refugee resettlement and the asylum process in the U.S., Canada, and Europe, including international human rights and humanitarian law as well as domestic laws and policies related to forced migrants. Issues addressed include social welfare supports for resettled refugees; culturally responsive health and mental health approaches to working with refugees and asylum seekers; systemic failures in the asylum processing systems; and rights-based approaches to working with forced migrant children. The book also examines policy developments and strategies to advance the well-being and social inclusion of refugees in the U.S. and Europe.
Regional Accountability and Executive Power in Europe (Routledge Research in Constitutional Law)
This book discusses the major issues currently affecting the accountability of executive power in Europe. The work is divided into three parts. The first examines the territorial dimension including unitary, regional and federal. It discusses how territorial actors participate in strengthening or weakening the implementation of accountability of executive power in modern democratic States. The second part explores the links between national traditions and European accountability of executive power to establish a common European culture. The third and final part focuses on how to build a truly multidisciplinary approach to accountability of executive power and draws on legal, historical and political approaches. The volume will be an invaluable resource for researchers, academics and policy-makers in constitutional law and politics, public law, comparative law, legal history and government.
Regulating Audiovisual Services
In recent years, the changing nature of audiovisual services has had a significant impact on regulatory policy and practice. The adoption of digital technology means that broadcasting, cable, satellite, the Internet and mobile telephony are converging, enabling each of them to deliver the same kinds of content and allowing users to exercise much greater choice over the kind of material that they receive and when they receive it. The essays examine the implications for regulatory design, asking whether there is still a role for traditional-style state controls, or whether other techniques, such as competition in the market and self-regulation, are more appropriate. They also explore how, in the digital era, structural issues of media ownership and control become problems of access and interconnection between services and how content regulation focuses more on problems raised by the interactions between providers and users, the relationship between freedom of information and technologies to control it and the international reach of the new media.
Regulating Blockchain: Techno-Social and Legal Challenges
Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.
Regulating the Visible Hand?: The Institutional Implications of Chinese State Capitalism
The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China's domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?
Regulation 1/2003 and EU Antitrust Enforcement: A Systematic Guide
<span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">Analysis of each of the Regulation’s articles covers such aspects as: <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">legislative history; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">rationale and context; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">practice of the Commission and, where relevant, of the national competition authorities; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">case law of the Court of Justice of the European Union; <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">international aspects; and <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family: "Times New Roman";color:black;mso-ansi-language:EN-GB">outstanding and problematic issues. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">Along with many of the article commentaries, ‘boxes’ have been added on specific issues of particular salience. The critical reflections of the book’s second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission’s Directorate General for Competition and Legal Service,<span style="mso-fareast-font-family:"Times New Roman";mso-bidi-font-family: "Times New Roman";color:black;letter-spacing:.75pt;border:none windowtext 1.0pt; mso-border-alt:none windowtext 0in;padding:0in;mso-ansi-language:EN-GB"> heads of<span style="color:black;letter-spacing:.75pt;border:none windowtext 1.0pt; mso-border-alt:none windowtext 0in;padding:0in;mso-ansi-language:EN-GB"> <span style="mso-bidi-font-family:"Times New Roman";color:black; mso-ansi-language:EN-GB">national competition authorities and of national courts, counsel, economists, consumer organisations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States. <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"> <p style="margin-bottom:0in;margin-bottom:.0001pt;background: white" class="MsoBodyText"><span style="mso-bidi-font-family:"Times New Roman"; color:black;mso-ansi-language:EN-GB">With this unparalleled book, practitioners and in-house counsel, as<span style="mso-fareast-font-family: "Times New Roman";mso-bidi-font-family:"
Regulation of Commodities Trading
This book is the first to draw together the numerous different regulations which affect how commodities are traded in the EU. Having long been a largely deregulated industry, intense scrutiny in the aftermath of the global financial crisis has left commodities trading subject to a raft of harmonized regulations, many of which have yet to be finalized. Regulation of both the physical and the financial commodities markets is undergoing significant change and participants and their advisors are struggling to understand the changes in each jurisdiction as well as the cross-border implications. The book pulls together these various pieces of EU legislation and examines how they influence the way that commodities are traded in Europe. It also provides coverage of regulation at domestic level in key jurisdictions active in the marketplace, namely the UK, USA, Switzerland, and Singapore. Divided into eight sections, the book includes analysis of the commodities trading houses (including their motives and methods), the main trading venues, trading practices, and potential illicit practices and market abuses. Each section has a detailed transnational component in which the position in each specific jurisdiction is explained, drawing parallels and setting out the differences between these countries. This extremely topical publication is an essential reference work for all those advising on or researching the increasingly complex and globalized field of commodities trading.
Regulation of the EU Financial Markets: MiFID II and MiFIR (Oxford EU Financial Regulation)
This book provides a comprehensive and expert examination of the Markets in Financial Instruments Directive II, which comes into force in January 2018 and will have a major impact on investment firms and financial markets. It offers detailed guidance on interpretation of MiFID II, its measure and aims which include: to increase transparency; better protect investors; reinforce confidence; address unregulated areas; and ensure that supervisors are granted adequate powers to fulfil their tasks. After a thorough overview of the various innovative features of the new legislative framework in comparison with the former MiFID, the book's chapters are grouped thematically to cover the following areas: general aspects; investment firms and investment services; trading; supervision and enforcement; and reform perspectives. Offering high-quality analysis of both the theoretical and practical aspects of MiFID II, this book is an essential guide to this major EU legislation. It brings together the expert opinions of leading practitioners and legal and economic scholars with access to practice, providing a variety of perspectives on the new regime and the likely effect of the increased regulation.
Regulation on European Crowdfunding Service Providers for Business: A Commentary (Elgar Commentaries in Financial Law series)
This innovative Commentary boasts contributions from internationally renowned experts with extensive and diverse backgrounds, providing a comprehensive, critical, article-by-article and thematic analysis of the EU Regulation No 1503/2020 on European Crowdfunding Service Providers for Business (ECSPR). Chapters analyse Member States’ adaptation of their legal frameworks to the ECSPR, underlying similarities, divergences, additional problematic issues and residual regulatory fragmentation.Key Features:A theoretical and cross-sectoral approach to crowdfunding services and relative regulationsConstant comparison of ECSPR’s provisions with other similar or interrelated EU frameworksAn article-by-article and thematic analysis of the ECSPR, underlying its strengths, innovative characters and problematic aspectsAnalysis of the implementation of the ECSPR in different countries and adaptation of their legal frameworks, including France, Germany, Italy, Portugal, Spain, the Netherlands, Nordic countries and the Baltics The Commentary is a fundamental companion to the interpretation and application of the ECSPR which will appeal to a diverse range of readers. Academics, scholars, practitioners and professionals interested in financial regulation, EU law, technology law, business law, law of contracts, competition law, international law and comparative law will find this a beneficial resource.
Regulatory Insights on Artificial Intelligence: Research for Policy
This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law’s interventions. The book also engages with concerns about the ‘surveillance society’, for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law’s relevance in giving institutional enforceability to ethics and principled design.
Regulierung von Onlineglücksspielen (Glücksspielforschung)
Ob Prohibition, Staatsmonopol oder Lizenzsystem, der Schlüssel zu einer effektiven Regulierung des Onlineglücksspielmarktes ist die Rechtsdurchsetzung. Es werden die sehr unterschiedlichen Regulierungsmodelle von acht europäischen Ländern hinsichtlich ihrer Ausgestaltung und ihrer sozioökonomischen Auswirkungen untersucht und dabei drei große Spannungsfelder identifiziert: Individuelle Freiheit vs. Schutz der Bevölkerung, Regulierungsziele vs. Rechtsdurchsetzung, Anbieter- und Steuereinnahmen vs. Spielerschutz. Die verschiedenen Regulierungserfahrungen werden miteinander verglichen und Erkenntnisse insbesondere für die deutsche Situation herausgearbeitet.
Reimagining the International Legal Order (Law, Ethics and Governance)
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
Religion and Ethics in the Neonatal Intensive Care Unit
Each year, neonatal Intensive care units (NICUs) in the U.S. and around the world help thousands of sick or premature newborns survive. NICUs are committed to the ideals of family-centered care, which encourages shared decision-making between parents and NICU caregivers. In cases of infants with conditions marked by high mortality, morbidity, or great suffering, family-centered care affirms the right of parents to assist in making decisions regarding aggressive treatment for their infant. Often, these parents' difficult and intimate decisions are shaped profoundly by their religious beliefs. In light of this, what precisely are the teachings of the major world religious traditions about the status and care of the premature or sick newborn? Few studies have grappled with what major religious traditions teach about the care of the newborn or how these teachings may bear on parents' decisions. This volume seeks to fill this gap, providing information on religious teachings about the newborn to the multidisciplinary teams of NICU professionals (neonatologists, advance practice nurses, social workers), as well as to parents of NICU patients, and students of bioethics. In chapters dealing with Judaism, Catholicism, Denominational Protestantism, Evangelical Protestantism, African American Protestantism, Sunni and Shi'a Islam, Hinduism, Buddhism, Navajo religion, and Seventh Day Adventism, leading scholars develop the teachings of these traditions on the status, treatment, and ritual accompaniments of care of the premature or sick newborn. This is an essential book that will serve as a first resort for clinicians who need to understand the religious dynamics influencing anyone making a difficult decision about her sick newborn.
Religion, Ethik und Politik: Auf der Suche nach der guten Ordnung (Politik und Religion)
Der Band widmet sich den Spezifika des Verhältnisses zwischen Religion, Ethik und Politik in der modernen Gesellschaft. Die versammelten Beiträge klären insbesondere, welche inhaltlichen Verbindungen und institutionellen Trennlinien der (säkulare) demokratische Rechtsstaat erlaubt bzw. auch verlangt. Ob die Politik dabei ihre eigene „Moral“ ausbilden muss, weil die ethische und religiöse Kardinalfrage nach dem „guten“ Leben ihren Bereich überfordert, wird anhand von zahlreichen aktuellen religionspolitischen Problemkreisen erörtert.Der InhaltReligion und „gute“ Politik • Religion in der „säkularen“ Demokratie • Empirische Anwendungsfälle und praktische Streitfragen Die HerausgebendenDr. Stefanie Hammer ist Politikwissenschaftlerin in Erfurt.Dr. Oliver Hidalgo ist Akademischer Oberrat a.Z. am Institut für Politikwissenschaft der WWU Münster und apl. Professor für Politikwissenschaft an der Universität Regensburg.
Religious Beliefs and Conscientious Exemptions in a Liberal State
The central focus of this edited collection is on the ever-growing practice, in liberal states, to claim exemption from legal duties on the basis of a conscientious objection. Traditional claims have included objections to compulsory military draft and to the provision of abortions. Contemporary claims include objections to anti-discrimination law by providers of public services, such as bakers and B&B hoteliers, who do not want to serve same-sex couples. The book investigates the practice, both traditional and contemporary, from three distinct perspectives: theoretical, doctrinal (with special emphasis on UK, Canadian and US law) and comparative. Cumulatively, the contributors provide a comprehensive set of reflections on how the practice is to be viewed and carried out in the context of a liberal state.
Religious Offences in Common Law Asia: Colonial Legacies, Constitutional Rights and Contemporary Practice (Constitutionalism in Asia)
This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity. Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of 'harm' that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Remaking Central Europe: The League of Nations and the Former Habsburg Lands (The History and Theory of International Law)
Over the last two decades, the "new international order" of 1919 has grown into an expansive new area of research across multiple disciplines. With the League of Nations at its heart, the interwar settlement's innovations in international organizations, international law, and many other areas shaped the world we know today. This book presents the first study of the relationship between this new international order and the new regional order in Central and Eastern Europe after the collapse of the Habsburg empire. An analysis of the co-implication of these two orders is grounded in four key scholarly interventions: understanding the legacies of empire in international organizations; examining regionalism in the work of interwar international institutions; creating an integrated history of the interwar order in Europe; and testing recent claims of the conceptual connection between nationalism and internationalism. With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today's global governance in the wake of imperial collapse.
Remedies for Breach of Contract (Studies in the Contract Law of Asia)
Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
Remembering for the Future: 3 Volume Set: The Holocaust in an Age of Genocide
Focused on 'The Holocaust in an Age of Genocide', Remembering for the Future brings together the work of nearly 200 scholars from more than 30 countries and features cutting-edge scholarship across a range of disciplines, amounting to the most extensive and powerful reassessment of the Holocaust ever undertaken. In addition to its international scope, the project emphasizes that varied disciplinary perspectives are needed to analyze and to check the genocidal forces that have made the Twentieth century so deadly. Historians and ethicists, psychologists and literary scholars, political scientists and theologians, sociologists and philosophers - all of these, and more, bring their expertise to bear on the Holocaust and genocide. Their contributions show the new discoveries that are being made and the distinctive approaches that are being developed in the study of genocide, focusing both on archival and oral evidence, and on the religious and cultural representation of the Holocaust.
The Renaissance of Roman Colonization: Carlo Sigonio and the Making of Legal Colonial Discourse (The History and Theory of International Law)
The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. When antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3-84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyzes the context, making, and impact of Sigonio's reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from imperial reform and colonial independence in the nascent United States of America to Enlightenment accounts of property distribution. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance to today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.
ReNEUAL Model Rules on EU Administrative Procedure
The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.
Renmin Chinese Law Review: Selected Papers of The Jurist (法学家), Volume 8 (Renmin Chinese Law Review: Selected Papers of The Jurist)
Renmin Chinese Law Review, Volume 8 is the eighth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.This book offers a comprehensive and judicious discussion on the study of Chinese law, with chapters covering a wide range of topics including federalism in the Chinese legal system, labor contract law, and the Chinese civil code. With detailed and original selections from distinguished contributors, the book also provides insight into areas such as industrial policy, copyright infringement, and property law.This diverse and contemporary work will appeal to scholars of Chinese law, society, and politics as well as members of diplomatic communities and legal and governmental professionals interested in China.
Renmin Chinese Law Review: Selected Papers of The Jurist (法学家), Volume 9 (Renmin Chinese Law Review: Selected Papers of The Jurist)
Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.
Renmin Chinese Law Review: Selected Papers of The Jurist (法学家), Volume 10 (Renmin Chinese Law Review: Selected Papers of The Jurist)
Renmin Chinese Law Review, Volume 10 is the tenth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Volume 10 provides original perspectives on pressing legal issues, including the identification of terrorism, smart contracts, and murder committed by female victims of domestic violence. Expert contributors explore crucial areas of Chinese law, such as public order and morality; legal rhetoric and social community; procuratorial organs in national governance systems; equal protection in the law; and organizational control in criminal law.Featuring diverse and contemporary work, this book will be a valuable resource for scholars and students of Chinese law and politics, as well as policy-making and diplomatic professionals interested in the area.
Reports of Overseas Private Investment Corporation Determinations
This comprehensive two-volume work is a collection of determinations from OPIC, the US governmental political risk insurance provider, in the form of its Memoranda of Determinations from 1966 through to 2010. An important part of international investment law and policy is the political risk insurance coverage provided to international investors by their home states and multilateral organizations such as the World Bank. These programs are of crucial importance to the growth of international investment flows and the development of international investment law. The insurance claim decisions and as a result this area of international law has received disproportionately little attention. This reference work is the first to make the underlying primary material available to the investment law, political risk and academic communities. The authors have made the claims determinations more accessible with the inclusion of headnote summaries for all determinations. The determinations reflect the decisions of OPIC under US and international law and therefore have a significant impact on its future claims determinations. They reveal what types of claims have been honoured for expropriation, political violence or convertibility/transferability restrictions. Users of political risk insurance worldwide will find this collection invaluable in understanding what events are and are not in fact covered, and deciding whether to obtain insurance coverage. These OPIC determinations will also contribute to the development of arbitral jurisprudence regarding government actions that are alleged to be in violation of investment protections found in investment treaties and investment law. They are additionally of interest in the context of the presentation and determination of future OPIC claims and decision making by other political risk insurance providers.