The Level Of Protection Provided By Chinese Labour Law Compared To German Labour Law

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The level of protection provided by Chinese labour law compared to German labour law

Author : Sergio M Moccia
Publisher : Igel Verlag
ISBN 13 : 3868150455
Total Pages : 101 pages
Book Rating : 4.8/5 (681 download)

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Book Synopsis The level of protection provided by Chinese labour law compared to German labour law by : Sergio M Moccia

Download or read book The level of protection provided by Chinese labour law compared to German labour law written by Sergio M Moccia and published by Igel Verlag. This book was released on 2008-08 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: AsienThis work describes the Chinese Labour Law and traces back the sources of the Chinese Labour Law regulations. In the first section, the German Labour Law and some of the most important clauses are explained. In further sections, the Chinese Labour Law itself and its coherent development, the main landmarks and the similarities to the German Labour Law, with its Romanist Tradition, are reflected. In particular the situation of the unions and their influence on management polices are named. Further more, this work displays the current situation in the Chinese corporate world and its relation towards the Chinese Labour Law. With the elaboration of three chosen cases, this thesis highlights the enforcement level and the core aspects of Chinese Labour Law that are frequently violated within Chinese joint-ventures and their partners from abroad, either from Asian or Western developed nations. In addition, this work focuses on the situation in Taiwan and Hong Kong in respect to their Labour Law systems and gives a brief overview over their core aspects and its future perspective and likelihood to keep its sovereignty under the increasing influence of China mainland. One of the main aspects is discussed in the sections dealing with the New Chinese Labour Law of 2007 and its upcoming implementation on the 1st of January 2008. Issues concerning the development and core improvements are evaluated and precisely explained. Further more, the ramifications and main changes that are likely to emerge in the near future will be discussed. This work will also shed some light on the reactions of the work force in China and multinationals in general. The fears and hopes that go hand in hand with the implementation of the new draft. Last but not least, this work will give proposals and suggestion to German and Western companies how to deal with labour law related issues that are planning to enter this viable and fast growing market. Moreover, it will give an overview over the main aspects in terms of Chinese Labour Law regulations that should be considered in order to establish a successful business in the People’s Republic of China.

Domestic Workers Across the World

Author : Malte Luebker
Publisher :
ISBN 13 : 9789221252733
Total Pages : 0 pages
Book Rating : 4.2/5 (527 download)

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Book Synopsis Domestic Workers Across the World by : Malte Luebker

Download or read book Domestic Workers Across the World written by Malte Luebker and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication sheds light on the magnitude of domestic work, a sector often "invisible" behind the doors of private households and unprotected by national legislation.The adoption of new international labour standards on domestic work (Convention No. 189 and its accompanying Recommendation No. 201) by the ILO at its 100th International Labour Conference in June 2011 represents a key milestone on the path to the realisation of decent work for domestic workers. This volume presents national statistics and new global and regional estimates on the number of domestic workers. It shows that domestic workers represent a significant share of the labour force worldwide and that domestic work is an important source of wage employment for women, especially in Latin America and Asia. It also examines the extent of inclusion or exclusion of domestic workers from key working conditions laws. In particular, it analyses how many domestic workers are covered by working time provisions, minimum wage legislation and maternity protection. The results demonstrate that under current national laws, substantial gaps in protection still remain. The volume concludes with a summary of the main findings and a reflection on the relevance of the newly adopted international standards to extend legal protection to domestic workers.

Re-Inventing Labour Law Enforcement

Author : Louise Munkholm
Publisher : Bloomsbury Publishing
ISBN 13 : 1509926399
Total Pages : 207 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Re-Inventing Labour Law Enforcement by : Louise Munkholm

Download or read book Re-Inventing Labour Law Enforcement written by Louise Munkholm and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

The Sources of Labour Law

Author : Tamás Gyulavári
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502045
Total Pages : 634 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Sources of Labour Law by : Tamás Gyulavári

Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Dying for an iPhone

Author : Jenny Chan
Publisher : Haymarket Books
ISBN 13 : 1642592048
Total Pages : 214 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Dying for an iPhone by : Jenny Chan

Download or read book Dying for an iPhone written by Jenny Chan and published by Haymarket Books. This book was released on 2020-06-02 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suicides, excessive overtime, and hostility and violence on the factory floor in China. Drawing on vivid testimonies from rural migrant workers, student interns, managers and trade union staff, Dying for an iPhone is a devastating expose of two of the world’s most powerful companies: Foxconn and Apple. As the leading manufacturer of iPhones, iPads, and Kindles, and employing one million workers in China alone, Taiwanese-invested Foxconn’s drive to dominate global electronics manufacturing has aligned perfectly with China’s goal of becoming the world leader in technology. This book reveals the human cost of that ambition and what our demands for the newest and best technology means for workers. Foxconn workers have repeatedly demonstrated their power to strike at key nodes of transnational production, challenge management and the Chinese state, and confront global tech behemoths. Dying for an iPhone allows us to assess the impact of global capitalism’s deepening crisis on workers.’

East Asian Labor and Employment Law

Author : Ronald C. Brown
Publisher : Cambridge University Press
ISBN 13 : 1107379482
Total Pages : 571 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis East Asian Labor and Employment Law by : Ronald C. Brown

Download or read book East Asian Labor and Employment Law written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2012-03-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).

Doing Business 2020

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464814414
Total Pages : 254 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2020 by : World Bank

Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.

Law and Social Policy in the Global South

Author : Ulrike Davy
Publisher : Taylor & Francis
ISBN 13 : 1000801020
Total Pages : 223 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Law and Social Policy in the Global South by : Ulrike Davy

Download or read book Law and Social Policy in the Global South written by Ulrike Davy and published by Taylor & Francis. This book was released on 2022-12-13 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a starting point, but the main interest lies behind the letter of the law: What were the objectives and goals of social policy over the course of the last 100 years? What were the ideas, ideologies, and values pursued by relevant actors? The book comprises four country studies and a comparative study. The country studies concentrate on the political and social context of social policy making in Brazil, China, India, and South Africa as well as on the ideas, ideologies, and values underpinning the constitution, statutory laws, and case law that frame and shape social policy at the national level. The country studies are complemented by a comparative study exploring and describing the commonalities and differences in the ideational approaches to social policies across the four countries, nationally and – in the formative decades – internationally. The comparative study also identifies the characteristics that make Brazilian, Chinese, Indian, and South African social policies distinct from European social policies. With its emphasis on law and drawing on legal scholarship, the book adds a new dimension to the existing accounts on welfare state building, which, so far, are dominated by European narratives and by scholars with a background in sociology, political science, and development studies. This book is relevant to specialists and peers and will be invaluable to those individuals interested in the fields of comparative and international social security law, human rights law, comparative constitutional law, constitutional history, law and development studies, comparative social policies, global social policies, social work, and welfare state theory. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Research Handbook on Intellectual Property and Employment Law

Author : Bruun, Niklas
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547258
Total Pages : 424 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on Intellectual Property and Employment Law by : Bruun, Niklas

Download or read book Research Handbook on Intellectual Property and Employment Law written by Bruun, Niklas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.

The Protection of Trade Secrets in China

Author : Shan Hailing
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145230
Total Pages : 572 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Protection of Trade Secrets in China by : Shan Hailing

Download or read book The Protection of Trade Secrets in China written by Shan Hailing and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

China's Professional Employer Association Law

Author : Wu Wenfang
Publisher : Taylor & Francis
ISBN 13 : 1040047971
Total Pages : 197 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis China's Professional Employer Association Law by : Wu Wenfang

Download or read book China's Professional Employer Association Law written by Wu Wenfang and published by Taylor & Francis. This book was released on 2024-06-14 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the coordination mechanism of labor relations from the perspective of China’s law on employer association. The first part of the book examines the definition, functions, and institutional basis of employer associations in different types of labor relations, focusing on the complementarity between the law and the coordination mechanism of labor relations in the context of different social environments, institutional frameworks, and their different responses to deregulated labor policies. It then reviews the legislation, responsibilities, and institutional guarantees of employer associations in modern China. The second part outlines the current limitations of legal resources in terms of subject matter, participation mechanisms, and participation channels that constrain the coordination of industrial relations by China’s employer associations. The author emphasizes that the systematic legal safeguards of employer associations should be function-oriented and gradually established in a targeted and differentiated manner. The title will appeal to labor and employment law scholars and legislators, and especially to those interested in the law of employer association.

Effective Protection for Domestic Workers

Author : Martin Oelz
Publisher : International Labor Office
ISBN 13 : 9789221252757
Total Pages : 0 pages
Book Rating : 4.2/5 (527 download)

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Book Synopsis Effective Protection for Domestic Workers by : Martin Oelz

Download or read book Effective Protection for Domestic Workers written by Martin Oelz and published by International Labor Office. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guide is a practical tool for those involved in national legislative processes and in the design of labour laws, including government officials and representatives of workers' and employers' organisations. At the 100th International Labour Conference in June 2011, the ILO adopted Convention No. 189 and Recommendation No. 201 on decent work for domestic workers. Because domestic workers are often excluded from the protection of labour laws or are treated less favourably than other wage workers, implementing the basic principles embodied in Convention No. 189 calls for an assessment and strengthening of national labour laws. With the Convention No. 189 as its underlying framework, this volume provides specific guidelines and complements these with examples drawn from a wide range of existing national labour laws concerning domestic workers. The guide's first part discusses alternative approaches to regulating domestic work, the nature and characteristics of domestic work, the forms of employment relationships that may exist, and their implications for regulation. Subsequent chapters focus on substantive areas of regulation, namely formalizing the employment relationship, working time, remuneration, fundamental principles and rights at work, protection from abuse and harassment, and protection of migrant domestic workers and child domestic workers.

Labor Law and Practice in the Trust Territory of New Guinea Under Australian Administration

Author : Joan Clarke
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Labor Law and Practice in the Trust Territory of New Guinea Under Australian Administration by : Joan Clarke

Download or read book Labor Law and Practice in the Trust Territory of New Guinea Under Australian Administration written by Joan Clarke and published by . This book was released on 1964 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Maternity and Paternity at Work

Author : Laura Addati
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Maternity and Paternity at Work by : Laura Addati

Download or read book Maternity and Paternity at Work written by Laura Addati and published by . This book was released on 2014 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides a picture of where we stand and what we have learned so far about maternity and paternity rights across the world. It offers a rich international comparative analysis of law and practice relating to maternity protection at work in 185 countries and territories, comprising leave, cash benefits, employment protection and non-discrimination, health protection, breastfeeding arrangements at work and childcare. Expanding on previous editions, it is based on an extensive set of new legal and statistical indicators, including coverage in law and in practice of paid maternity leave as well as statutory provision of paternity and parental leave and their evolution over the last 20 years. The report also takes account of the recent economic crisis and austerity measures. It shows how well national laws and practice conform to the ILO Maternity Protection Convention, 2000 (No. 183), its accompanying Recommendation (No. 191) and the Workers with Family Responsibilities Convention, 1981 (No. 156), and offers guidance on policy design and implementation. This report shows that a majority of countries have established legislation to protect and support maternity and paternity at work, even if those provisions do not always meet the ILO standards. One of the persistent challenges is the effective implementation of legislation, to ensure that all workers are able to benefit from these essential labour rights.

The Actors of Collective Bargaining

Author : Eduardo J. Ameglio
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122532
Total Pages : 366 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Actors of Collective Bargaining by : Eduardo J. Ameglio

Download or read book The Actors of Collective Bargaining written by Eduardo J. Ameglio and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.

The Good Chinese Lawyer

Author :
Publisher : Cambridge University Press
ISBN 13 : 1009208489
Total Pages : 313 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The Good Chinese Lawyer by :

Download or read book The Good Chinese Lawyer written by and published by Cambridge University Press. This book was released on 2023-01-19 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Good Chinese Lawyer explores the ethical and professional challenges that will confront a law student, and will help them to prepare for life as a lawyer. The book offers principled and pragmatic advice about how to overcome such challenges. It urges readers to examine motives for seeking a career in law, to foster a deep understanding of what it means to be 'good' lawyer, and how to draw on virtue and judgment when difficult choices arise, rather than simply relying on rushed compliance with rules or codes. The Good Chinese Lawyer analyses four important areas of legal ethics – truth and deception, professional secrets, conflicts of interest, and professional competence – and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many diagrams and scenarios to illustrate ethical concepts and good decision-making.

The SAGE Handbook of Contemporary China

Author : Weiping Wu
Publisher : SAGE
ISBN 13 : 1526455595
Total Pages : 1566 pages
Book Rating : 4.5/5 (264 download)

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Book Synopsis The SAGE Handbook of Contemporary China by : Weiping Wu

Download or read book The SAGE Handbook of Contemporary China written by Weiping Wu and published by SAGE. This book was released on 2018-07-09 with total page 1566 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of contemporary China constitutes a fascinating yet challenging area of scholarly inquiry. Recent decades have brought dramatic changes to China′s economy, society and governance. Analyzing such changes in the context of multiple disciplinary perspectives offers opportunites as well as challenges for scholars in the field known as contemporary China Studies. The SAGE Handbook of Contemporary China is a two-volume exploration of the transformations of contemporary China, firmly grounded in the both disciplinary and China-specific contexts. Drawing on a range of scholarly approaches found in the social sciences and history, an international team of contributors engage with the question of what a rapidly changing China means for the broader field of contemporary China studies, and identify areas of promising future research. Part 1: Context: History, Economy, and the Environment Part 2: Economic Transformations Part 3: Politics and Government Part 4: China on the Global Stage Part 5: China′s Foreign Policy Part 6: National and Nested Identities Part 7: Urbanization and Spatial Development Part 8: Poverty and Inequality Part 9: Social Change Part 10: Future Directions for Contemporary China Studies