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Author : Mark E. Schaub
Publisher : CCH Hong Kong Limited
ISBN 13 : 9789889917753
Total Pages : 516 pages
Book Rating : 4.9/5 (177 download)
Download or read book China, the Art of Law written by Mark E. Schaub and published by CCH Hong Kong Limited. This book was released on 2006 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Schaub
Publisher : Kluwer Law International
ISBN 13 : 9789041126757
Total Pages : 0 pages
Book Rating : 4.1/5 (267 download)
Download or read book China written by Schaub and published by Kluwer Law International. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: To most people, the topics of "China" and "law" do not hold out the promise of an entertaining book. for many prospective investors in China, the only thing more daunting than investing in the Middle Kingdom would be enduring a book written by a lawyer. However, it is time for these prejudices to be reassessed. China: the Art of Law, written by Mark E. Schaub, the first Western lawyer to work in China's largest law firm, is a lively, entertaining and informative book that provides practical guidance for foreign investors doing business in China. Covering all issues from setting up a foreign-invested enterprise ("FIE"), project implementation to managing risks and restructuring FIEs, the book liberally draws on real life experiences. Changes have been made to the cases to protect the guilty, greedy, foolhardy, corrupt, stupid and hopeless. As for the innocent - well, they do not normally make it to signing. This book will give both newcomers and old hands alike a practical perspective on why some foreign investors fail, others succeed and the rest somehow totter along somewhere in between.
Author : Hui Zhong
Publisher : Routledge
ISBN 13 : 1351605690
Total Pages : 206 pages
Book Rating : 4.3/5 (516 download)
Download or read book China, Cultural Heritage, and International Law written by Hui Zhong and published by Routledge. This book was released on 2017-11-27 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
Author : Randall Peerenboom
Publisher : Cambridge University Press
ISBN 13 : 9780521016742
Total Pages : 700 pages
Book Rating : 4.0/5 (167 download)
Download or read book China's Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that China is in transition from rule by law to a version of rule of law.
Author : Mary Ellen O'Connell
Publisher : Cambridge University Press
ISBN 13 : 1108426662
Total Pages : 331 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Art of Law in the International Community written by Mary Ellen O'Connell and published by Cambridge University Press. This book was released on 2019-05-16 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004236139
Total Pages : 289 pages
Book Rating : 4.0/5 (42 download)
Download or read book Chinese Contemporary Perspectives on International Law written by Xue Hanqin and published by Martinus Nijhoff Publishers. This book was released on 2012-12-03 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
Author : Albert H.Y. Chen
Publisher : City University of HK Press
ISBN 13 : 9629374501
Total Pages : 440 pages
Book Rating : 4.6/5 (293 download)
Download or read book The Changing Legal Orders in Hong Kong and Mainland China: Essays on “One Country, Two Systems” written by Albert H.Y. Chen and published by City University of HK Press. This book was released on 2021-03 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
Author : Jedidiah Joseph Kroncke
Publisher : Oxford University Press
ISBN 13 : 0190233524
Total Pages : 373 pages
Book Rating : 4.1/5 (92 download)
Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
Author : Sarah Biddulph
Publisher : UBC Press
ISBN 13 : 0774828838
Total Pages : 332 pages
Book Rating : 4.7/5 (748 download)
Download or read book The Stability Imperative written by Sarah Biddulph and published by UBC Press. This book was released on 2015-06-05 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing inequality within Chinese society has led to public indignation, petitions to Party and state agencies, strikes, and large-scale protests. This book examines the intersection between the Chinese government’s preoccupation with the “protection of social stability” (weiwen), and its legal commitments to protect human rights. Drawing on case studies, Sarah Biddulph examines China’s response to labour unrest, medical disputes, and public anger over forced housing demolition. The result is a detailed analysis of the multiple and shifting ways stability imperatives impinge on the legal definition and implementation of human rights in China.
Author : Patricia Ann Berger
Publisher : University of Hawaii Press
ISBN 13 : 9780824816629
Total Pages : 486 pages
Book Rating : 4.8/5 (166 download)
Download or read book Latter Days of the Law written by Patricia Ann Berger and published by University of Hawaii Press. This book was released on 1994-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Teemu Ruskola
Publisher : Harvard University Press
ISBN 13 : 0674075781
Total Pages : 358 pages
Book Rating : 4.6/5 (74 download)
Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
Author : John Warren Head
Publisher :
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (91 download)
Download or read book Law Codes in Dynastic China written by John Warren Head and published by . This book was released on 2005 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In telling the story of Law Codes in Dynastic China, John Head and Yanping Wang offer a bird's eye view of Chinese legal history from the earliest dynasties to the last. They survey the majestic sweep of China's legal tradition by allowing the details to emerge from the works of many scholars and then connecting those details in a storyline that revolves around a unifying theme: legal codification. In this way, Law Codes in Dynastic China brings to life such characters as the Duke of Zhou, Confucius, Khubilai Khan, and dozens of other emperors, rebels, scholars, and eunuchs. The book also illuminates the great movements and philosophies of China -- Imperial Confucianism, Legalism, correlative cosmology, Daoism, and others -- all in order to reveal both the spirit and the practicalities of law in dynastic China. This new one-volume text will prove valuable not only for researchers in the areas of Chinese law, legal history, and Chinese history, but also for students in a variety of undergraduate and graduate programs and for legal practitioners whose work calls for them to have a historically-based understanding of China's legal culture. For all readers, the book provides comprehensive citation to authorities and sources for further study -- with special emphasis on recent findings and translations. Moreover, for the general lay reader, the book offers a fascinating look at the intersection of three paths of literature and learning: law, history, and China. In doing so, it facilitates a broader appreciation of contemporary China as well. "I have never enjoyed reading a book of History so much since Terry Jones' The Crusades. However, it is also a serious book. Despite the breaktaking speed with which the authors drag the reader through the highs and lows of Dynastic China, the authors are careful in their presentation and are faithful to the sources... a useful sourcebook for researchers as well as an entertaining read." -- Law & Politics Book Review
Author : Zhen Zheng
Publisher : Springer Nature
ISBN 13 : 9811901287
Total Pages : 188 pages
Book Rating : 4.8/5 (119 download)
Download or read book The Legal System of Art Auction in China written by Zhen Zheng and published by Springer Nature. This book was released on 2022-02-21 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book to comprehensively and deeply explain and construct the legal system of Chinese art auctions. Based on agency theory in traditional contract law, this book combs the legal relationship between client, auctioneer, and buyer. Aiming at the most difficult problem of art identification, this book shows the obligations that auctioneers must perform and the common methods for auctioneers to avoid these obligations. The purpose of this book is to ease the current situation in which the interests of buyers and auctioneers are too opposed and speed up the legalization process of art auctions through the construction of the legal system of art auctions in China. Additionally, using the method of policy demonstration, this book discusses how public power should intervene in the process of art auctions.
Author : Congyan Cai
Publisher : Oxford University Press
ISBN 13 : 0190073616
Total Pages : 344 pages
Book Rating : 4.1/5 (9 download)
Download or read book The Rise of China and International Law written by Congyan Cai and published by Oxford University Press. This book was released on 2019-09-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Author : Zhaoyang Zhang
Publisher : BRILL
ISBN 13 : 9004513906
Total Pages : 303 pages
Book Rating : 4.0/5 (45 download)
Download or read book A History of Civil Law in Early China: Cases, Statutes, Concepts and Beyond written by Zhaoyang Zhang and published by BRILL. This book was released on 2022-07-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
Author : William P. Alford
Publisher : Stanford University Press
ISBN 13 : 0804779295
Total Pages : 238 pages
Book Rating : 4.8/5 (47 download)
Download or read book To Steal a Book Is an Elegant Offense written by William P. Alford and published by Stanford University Press. This book was released on 1995-03-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the law of intellectual property in China from imperial times to the present. It draws on history, politics, economics, sociology, and the arts, and on interviews with officials, business people, lawyers, and perpetrators and victims of 'piracy'. The author asks why the Chinese, with their early bounty of scientific and artistic creations, are only now devising legal protection for such endeavors and why such protection is more rhetoric than reality on the Chinese mainland. In the process, he sheds light on the complex relation between law and political culture in China. The book goes on to examine recent efforts in the People's Republic of China to develop intellectual property law, and uses this example to highlight the broader problems with China's program of law reform.
Author : Zheng Sophia Tang
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808597
Total Pages : 480 pages
Book Rating : 4.8/5 (498 download)
Download or read book Conflict of Laws in the People’s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
