Rule of Law in China and Comparative Perspectives – Serie
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33 produkter
33 produkter
Power of the Supreme People's Court
Reconceptualizing Judicial Power in Contemporary China
Inbunden, Engelska, 2019
1 944 kr
Skickas inom 10-15 vardagar
This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
569 kr
Skickas inom 10-15 vardagar
Rarely do acts of civil disobedience come in such grand fashion as Taiwan’s Sunflower Movement and Hong Kong’s Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia’s, and especially Taiwan and Hong Kong’s, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.
China, the EU and International Investment Law
Reforming Investor-State Dispute Settlement
Inbunden, Engelska, 2019
1 944 kr
Skickas inom 10-15 vardagar
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
National Security Review of Foreign Investment
A Comparative Legal Analysis of China, the United States and the European Union
Inbunden, Engelska, 2020
1 944 kr
Skickas inom 10-15 vardagar
In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law.This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.
China’s Insolvency Law and Interregional Cooperation
Comparative Perspectives from China and the EU
Häftad, Engelska, 2020
569 kr
Skickas inom 10-15 vardagar
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
1 944 kr
Skickas inom 10-15 vardagar
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
569 kr
Skickas inom 10-15 vardagar
This book adopts Durkheim’s legal perspective to treat law as a symbol of social solidarities to examine Chinese society. The work analyzes changes in the nature of social solidarity from observing changes in laws, thus drawing together western socio-legal theory and distinctive Chinese conditions. It draws on Durkheim’s theoretical framework and methodology to develop a more comprehensive understanding of the role of law using theories of others such as Habermas and by taking into account the discussion of power and the conflicts of interests in analyzing key social features during transition. The analysis of social anomie in terms of the changes of juridical rules as well as the changes in the nature of social solidarity provides an inspiring perspective to look into contemporary social problems. The book will be essential reading for researchers and academics working in the areas of socio-legal studies, legal theory and law and society in China.
Effective Environmental Regulation in China
Reflections on the Experience of European Union Legislation on Environmental Permits
Inbunden, Engelska, 2021
1 944 kr
Skickas inom 10-15 vardagar
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems.By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution.The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Effective Environmental Regulation in China
Reflections on the Experience of European Union Legislation on Environmental Permits
Häftad, Engelska, 2023
531 kr
Skickas inom 10-15 vardagar
Though recently improved, Chinese legislation on environmental permits is still weak and urgent measures are needed to help the country in moving towards an effective permitting system. This book examines this legislation gap and presents a contribution to solving China’s pollution problems.By analysing the deficiencies of current Chinese provisions on permitting in light of EU legislation, and its Italian application, the book determines which permitting legislative structure and approach China should embrace in practice in order to build more comprehensive legislation on emission permitting. It is argued that a set of ad hoc legislative measures should be implemented so as to strengthen China’s environmental protection and efficiently tackle pollution.The book will be a valuable resource for researchers, academics and policy-makers working in the areas of international environmental law and comparative law.
Making of Chinese Criminal Law
The Preventive Shift in the Context of the Eighth Amendment
Inbunden, Engelska, 2021
1 944 kr
Skickas inom 10-15 vardagar
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future.The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Making of Chinese Criminal Law
The Preventive Shift in the Context of the Eighth Amendment
Häftad, Engelska, 2022
569 kr
Skickas inom 10-15 vardagar
By examining the reasons behind the preventive criminalization of Chinese criminal law, this book argues that the shift of criminal law generates popular expectations of legislative participation, and meets punitive demands of the public, but the expansion of criminal law lacks effective constraints, which will keep restricting people’s freedom in the future.The book is inspired by the eighth amendment of Chinese criminal law in 2011, which amended several penalties related to road, drug and environmental safety. It is on the eighth amendment that subsequent amendments have been based. The amendment stemmed from a series of nationally known incidents that triggered widespread public dissatisfaction with the Chinese criminal justice system. Based on John Kingdon’s theory of the multiple streams, the book explains the origins of the legislative process and its outcomes by examining the role of public opinion, policy experts and political actors in the making of Chinese criminal law. It argues that in authoritarian China, the prominence of risk control through criminal justice methods is a state response to uncertainties generated through reforms under the CCP’s leadership. The process of criminal lawmaking has become more responsive and inclusive than ever before, even though it remains a consultation with the elites within the framework set by the Chinese Communist Party (CCP), including representatives of the Lianghui, government ministries, academics and others. The process enhances the CCP’s legitimacy by not only generating popular expectations of legislative participation, but also by meeting the punitive demands of the public. The book will be of interest to academics and researchers in the areas of Chinese criminal law and comparative law.
Power of the Supreme People's Court
Reconceptualizing Judicial Power in Contemporary China
Häftad, Engelska, 2021
569 kr
Skickas inom 10-15 vardagar
This book explores the recent development of the Supreme People’s Court of China, the world’s largest highest court. Recognizing that its approach to exercising power in an authoritarian context has presented a challenge to the understanding of judicial power in both democratic and non-democratic legal settings, it captures the essence of the Court through its institutional design as well as functional practice. It argues that regardless of the deep-seated political and institutional constraints, the Court has demonstrated a highly pragmatic interest in fulfilling its primary functions and prudently expanding judicial power in the context of reform-era China. This notwithstanding, it also discusses how the Court’s incompetence and reluctance to challenge the bureaucratism and politicization suggests that the call for an impartial and authoritative judicial power will continue to be jeopardized while the Court operates in the shadow of Party authority and lacks meaningful checks and balances. Drawing on the experience of the Court, this book reflects on some deep-rooted misunderstandings of legal development in China, providing a source of inspiration for reconceptualizing the internal logic of a distinct category of judicial power.
Environmental Protection, China and International Trade
Greening the WTO Ban on Chinese Export Duties
Inbunden, Engelska, 2021
1 944 kr
Skickas inom 10-15 vardagar
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism.As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis.The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
Environmental Protection, China and International Trade
Greening the WTO Ban on Chinese Export Duties
Häftad, Engelska, 2023
531 kr
Skickas inom 10-15 vardagar
This book argues for a balanced approach to ‘greening’ the World Trade Organization (WTO) ban on China’s export duties without opening the floodgates to protectionism.As a result of the China—Raw Materials and China—Rare Earths decisions, China is largely prohibited from using export duties to address environmental problems, including those associated with climate change. This is despite a number of climate studies having suggested that Chinese export duties could be useful for reducing carbon leakage, an issue of international concern. This book puts the case for a more balanced approach. It shows that a harsh ban on China’s export duties constrains its policy space to protect the environment, particularly in the context of climate change. The work presents feasibility tests for various legal solutions that have been discussed for adjusting the ban, and it accordingly proposes a more feasible approach that would allow China to help protect the environment without advancing protectionism. The proposed legal option provides a less protectionist alternative to export duties, namely ‘export duties plus’: export duties in combination with supplementary restrictions on Chinese consumption. This analysis also yields insights regarding ways to correct WTO precedents, which suggests a moderate alternative response to an important issue behind the Appellate Body crisis.The book will be a valuable resource for academics, researchers and policymakers in the areas of International Trade Law, Environmental Law and China.
International Investment and Dispute Settlement
Understanding the China–European Union Comprehensive Agreement on Investment
Inbunden, Engelska, 2022
1 944 kr
Skickas inom 10-15 vardagar
This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues.When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement.Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.
International Investment and Dispute Settlement
Understanding the China–European Union Comprehensive Agreement on Investment
Häftad, Engelska, 2024
569 kr
Skickas inom 10-15 vardagar
This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues.When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement.Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.
569 kr
Skickas inom 10-15 vardagar
Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC).This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony.It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.
National Security Review of Foreign Investment
A Comparative Legal Analysis of China, the United States and the European Union
Häftad, Engelska, 2021
569 kr
Skickas inom 10-15 vardagar
In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law.This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.
National Security in International and Domestic Investment Law
Dynamics in China and Europe
Inbunden, Engelska, 2023
1 944 kr
Skickas inom 10-15 vardagar
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns.The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy.The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
National Security in International and Domestic Investment Law
Dynamics in China and Europe
Häftad, Engelska, 2025
581 kr
Skickas inom 10-15 vardagar
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth analysis of FDI screening in China, France, Germany, Italy, the Netherlands, Poland and the UK, which have either witnessed momentous changes in domestic law recently or have adopted new laws to cope with the growing security concerns.The book illustrates how States and the EU are using legal instruments to tackle exigent and emerging challenges and the complexity of national security emanated from foreign investment, in the context of evolving disruptive digital technologies and the structural change of the global economy.The volume will be of great value to a wide range of audiences including academics in investment and trade law, legal practitioners, in-house counsels, policymakers, business professionals and law and business students at the graduate level.
Legal Responses to Cyberterrorism
A Comparative Study between China and the UK
Inbunden, Engelska, 2025
1 944 kr
Skickas inom 10-15 vardagar
This book provides an in-depth comparative study of legal responses to cyberterrorism in China and the UK to establish whether the relationship between legal systems and legal responses is necessary or contingent in the case of counter-cyberterrorism. The work maps out and compares the basic distinctive characteristics of the legal systems in the two countries, which are characterised in terms of a contrast between ‘rule by law’ and `rule of law’, and basic criminal principles. It critically and comprehensively examines the basic principles of the legal responses to the perceived threats of cyberterrorism and identifies, through comparative analysis, any convergence as well as divergence. The study seeks to develop an understanding of what is necessary and contingent in the case of the relationship between legal systems and legal responses and considers what else might account for patterns of similarity as well as difference. The book presents a distinct and original contribution to socio-legal studies generally, as well as to criminal justice and criminology in terms of the relationship between legal systems and legal responses to transnational problems, such as cyberterrorism. It will be a valuable resource for academics, researchers, and policy-makers working in these areas.
Dispute Settlement and the Belt and Road Initiative
Towards a Rules-based Approach
Inbunden, Engelska, 2025
1 944 kr
Skickas inom 10-15 vardagar
This book presents a response to the numerous calls for instituting a rules-based approach in Belt and Road Initiative (BRI) dispute resolution. The theoretical framework developed here builds a case that the BRI is a demonstration of China’s growing use of “soft power” and that BRI dispute settlement consequently operates on the basis of a “power-oriented” approach. The work analyses what a rules-based approach in dispute resolution means, explores what the BRI actually is, and what BRI disputes are. It then considers why rules are understood to be necessary in BRI dispute resolution and, finally, sets out policy proposals. It will be of interest to academics, researchers, and policymakers working in the areas of Chinese Law, Alternative Dispute Resolution, International Investment Law, World Trade Law, and Comparative Law.
China’s Insolvency Law and Interregional Cooperation
Comparative Perspectives from China and the EU
Inbunden, Engelska, 2017
2 006 kr
Skickas inom 10-15 vardagar
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
1 944 kr
Skickas inom 10-15 vardagar
Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law–shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People’s Republic of China (PRC).This book adopts a fresh approach in examining the evolution of Hong Kong’s political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, “Diceyan Constitutionalism” was fundamental, within the pivotal context of “Chinese Familism”, in shaping the development of governance institutions and operational procedures within the new British Colony.It discusses how Hong Kong’s system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong–Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China’s exceptional One Party State.
Conservation and Recreation in Protected Areas
A Comparative Legal Analysis of Environmental Conflict Resolution in the United States and China
Häftad, Engelska, 2018
619 kr
Skickas inom 10-15 vardagar
This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
619 kr
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The volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.
694 kr
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This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
694 kr
Skickas inom 10-15 vardagar
Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.
2 495 kr
Skickas inom 3-6 vardagar
This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.
1 944 kr
Skickas inom 10-15 vardagar
Administrative litigation systems are a rapidly developing legal field in many countries. This book provides a comparative study of the administrative litigation systems in China, Hong Kong, Taiwan and Macao, as well as a number of selected European countries that covers both states with an advanced rule of law and new democracies. Despite the different historical backgrounds and the broader context which has cultivated each individual system, this collective work illustrates the common characteristics of the rapid development of administrative litigation systems since the 1990s as a consequence of the advancement of the rule of law at a global level. All of the contributors have addressed a wide array of key issues in their particular jurisdiction, including court jurisdiction, the scope of judicial review, grounds of litigation claims and mediation in judicial process. Whilst pointing out the shortcomings and challenges which are faced by each jurisdiction, the book offers both ideas and inspiration on how the systems can learn from, and influence each other. This book is essential reading for those studying Chinese law, administrative litigation and comparative law, as well as judges and lawyers specialising in administrative litigation, and administrative courts.