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Law and Criminology (R0)

Yifei Lin

China Arbitration Yearbook (2024)

&lt;p&gt;Chapter 1 Arbitration Agreement.- Chapter 2 Parties and Participants.- Chapter 3 Arbitration Procedures.- Chapter 4 Arbitrators and Arbitral Tribunal.- Chapter 5 Evidence.- Chapter 6 Arbitrability and Public Policy.- Chapter 7 Arbitral awards and decisions.- Appendix 1 Main Official Replies by the Supreme People&amp;rsquo;s Court Concerning Arbitration in China.- Appendix 2 Table of Judicial Cases.&lt;/p&gt;

Hart Monographs in Transnational and International Law

This book connects European private international law with decolonial theory. Decolonial theory calls for alternative modes of producing legal knowledge - ones that give greater weight to the worldviews of formerly colonised peoples across the globe, including in Europe. At the same time, private international law has been described as a particularly suitable field for welcoming more otherness (altérité) in European law. This book therefore develops a decolonial theory of European private international law. To do so, it begins with Western court cases involving what the author terms a 'conflict of worldviews': a clash between the legal frameworks governing the dispute and the worldviews of the formerly colonised parties involved, referred to here as 'postcolonised worldviews'. Through three case studies - respectively addressing religious arbitration, Indigenous sacred land, and faith-based politics - the book demonstrates that courts routinely overlook these conflicts. As a result, the claims of formerly colonised parties are inadequately addressed. To remedy this structural discrimination within European private international law, the book proposes a pluralised theory of choice of court, foreign law, and international jurisdiction, more inclusive of the postcolonised worldviews present in the case studies. This is an important work, thought-provoking and challenging, which should be read by private international law and comparative law scholars, and more generally by legal and non-legal scholars interested in legal theory and decoloniality.

Conflicts of Worldviews and Private International Law

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided

Multidisciplinary Perspectives

Adjudicating Climate Change

A Brazilian Perspective

Supreme Courts and Binding Precedents

Studies in Art, Heritage, Law and the Market

Contestation, Reinvention, and Regulation of Cultural Heritage Through Dissent

Space Law and Policy

The Business of Outer Space assesses selected legal issues associated with commercial space activities. The book begins by explaining the historical background that has given rise to the diverse and expanding contemporary commercial space industry, including important milestones that have facilitated the growth of the industry. The book explains the various segments or categories that make up the commercial space industry including their associated goods and services. This provides the reader with the context needed to comprehend the growth and diversification of commercial space activities from space manufacturing to satellite data services.&nbsp;The book continues with&nbsp;a&nbsp;series of topical case studies of relevance to various space activities. For example, the book dedicates&nbsp;a&nbsp;chapter to examining the close connection that exists between commercial and military space activities and analysing how dual-use technologies offered by commercial entities have an important role to play in military space operations. The book continues with&nbsp;a&nbsp;deep dive into the emerging connections between the artificial intelligence industry and space industry, and the risks and opportunities therein.&nbsp;A&nbsp;significant and timely case study within the book is the regulation of satellite (mega) constellations. This case study examines commercial and regulatory issues associated with the deployment of satellite constellations, paying close attention to how current international space legal frameworks might regulate such activities. Of particular relevance to many space businesses is the topic of intellectual property. The book described in detail the application of patent law in the context of space activities and discusses how international space law and certain domestic laws may provide greater certainty for space actors with regards to intellectual property and space activities. Finally, considering the complex engineering considerations faced by many space companies, the book provides the reader with&nbsp;a&nbsp;detailed analysis of how&nbsp;a&nbsp;system-of-systems risk management approach can assist with some of the challenges associated with designing and operating commercial space missions.&nbsp;The work contained in this book is intended to provide the reader with series of select case studies examining topics related to commercial space activities. The book will appeal to&nbsp;a&nbsp;broad range of reader from policy makers, space lawyers, regulatory bodies, space businesses, national space agencies as well as academics, researcher, and students.

The Business of Outer Space assesses selected legal issues associated with commercial space activities. The book begins by explaining the historical background that has given rise to the diverse and expanding contemporary commercial space industry, including important milestones that have facilitated the growth of the industry. The book explains the various segments or categories that make up the commercial space industry including their associated goods and services. This provides the reader with the context needed to comprehend the growth and diversification of commercial space activities from space manufacturing to satellite data services.&nbsp;The book continues with a series of topical case studies of relevance to various space activities. For example, the book dedicates a chapter to examining the close connection that exists between commercial and military space activities and analysing how dual-use technologies offered by commercial entities have an important role to play in military space operations. The book continues with a deep dive into the emerging connections between the artificial intelligence industry and space industry, and the risks and opportunities therein. A significant and timely case study within the book is the regulation of satellite (mega) constellations. This case study examines commercial and regulatory issues associated with the deployment of satellite constellations, paying close attention to how current international space legal frameworks might regulate such activities. Of particular relevance to many space businesses is the topic of intellectual property. The book described in detail the application of patent law in the context of space activities and discusses how international space law and certain domestic laws may provide greater certainty for space actors with regards to intellectual property and space activities. Finally, considering the complex engineering considerations faced by many space companies, the book provides the reader with a detailed analysis of how a system-of-systems risk management approach can assist with some of the challenges associated with designing and operating commercial space missions.&nbsp;The work contained in this book is intended to provide the reader with series of select case studies examining topics related to commercial space activities. The book will appeal to&nbsp;a&nbsp;broad range of reader from policy makers, space lawyers, regulatory bodies, space businesses, national space agencies as well as academics, researcher, and students.

Commercial and Legal Issues

The Business of Outer Space

This book provides a comprehensive and systematic analysis of the emerging fourth generation of Chinese investment treaties. It argues that these treaties are entering an exploratory phase, shaped by the concurrent evolution of both China’s foreign investment regulatory regime and the broader landscape of international investment law. The period has witnessed significant breakthroughs over the past five years, including the promulgation of China’s new Foreign Investment Law, the conclusion of the China-EU Comprehensive Agreement on Investment and the Regional Comprehensive Economic Partnership, and China’s active engagement in investment arbitration. Given China’s important role in the global investment regime, its fourth-generation investment treaties warrant particular attention. This book will be valuable not only for Chinese scholars and practitioners specializing in international investment treaties and arbitration, but also for their international counterparts seeking to understand China’s domestic investment reforms and their interactions with international investment treaties.

Progress, Prospects and Implications

The Emerging Fourth Generation of Chinese Investment Treaties

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.

The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.

The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

This book studies how international law is evolving to meet the challenges of the digital age. This book tries to answer this question by presenting a detailed analysis of how international law is responding or failing to respond to the digital economy.The author investigates how leading countries with advanced digital economic systems, including the regulation of cryptocurrencies or digital trade and E-commerce in the European Union, China, and USA, have approached these issues. Taking the WTO and the UN as examples, the book examines the efforts made by these international institutions to retrofit traditional legal structures for a world increasingly defined by the internet. Can global trade rules designed for physical goods be applied to digital products and services? How can global institutions facilitate cooperation between countries with drastically different levels of technological development? These questions shape the discussion.The approach used in this book does not only focus on the laws but also the growing technological world. The digital world is more dynamic than it is possible to regulate it through laws that may take a lot of time to be adopted and enforced. Some laws were drafted many years ago and may now be incomplete and full of loopholes and ambiguities. By mixing legal research with real-world examples, this book aims to provide practical insights into how international law can progress to address these issues at the front. This book provides the reader with a valuable understanding of the digital economy and its relationship with international law by integrating comparative legal analysis with insights regarding contemporary global economic conditions. The author has looked at laws and regulations, examined case studies, and critically assessed how international law might (or might not) be the solution to the challenges of globalization in the digital age.

Exploring the New Horizons of International Law Concerning Globalization of Economy

Modern China and International Economic Law

This book offers a structured exploration of China’s commercial arbitration system, beginning with its procedural foundations and jurisdictional framework, followed by an emphasis on due process, arbitrator skills, and the critical importance of upholding valid arbitration agreements. It delves into legal complexities surrounding the application of domestic law, international conventions like the CISG, and the integration of mediation in dispute resolution, while concluding with ethical standards for arbitrators to ensure fairness and credibility. Bridging procedural rigor, practical insights, and ethical imperatives, the work serves as a comprehensive guide for navigating China’s arbitration landscape, balancing academic analysis with actionable guidance for practitioners.

By A Chinese Practitioner

Commentaries on Commercial Arbitration in Modern China

Global Perspectives on Responsibility and Governance

Law, Ethics and Human Vulnerability

International and Comparative Law in the Asia Pacific

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The book focuses on the new Chinese Civil Code. It will be a great promotion of the Chinese Civil Code and enhance its understanding at the international level. It will also promote the understanding of Chinese law in the context of the One Belt One Road Initiative.&nbsp;
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Since the Chinese Civil Code came into force in 2021, it is still at an early stage of comparing Australian contract law and contract law principles in the Chinese Civil Code. To date, there are few systematic studies on the comparison of contract law in Australia and in China. The existing literature on the comparison is much more based on the old Chinese contract law of 1999. In addition, the existing literature on Australian contract law generally lacks a comparative dimension, particularly with China. The standard Australian contract law books and articles contain little reference to what similar problems might be conceived of or dealt with in a civil law jurisdiction like China. In the case of the Chinese Civil Code, although there are useful works on its legislative provisions, theories and doctrines, the contents of those works may not be readily comprehensible by an Australian lawyer or scholar unless set in a comparable context. This book seeks to fill this gap in the existing literature.
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This book will also provide a comparison and analysis of Chinese and Australian contract law to show international legal scholars and practitioners not only the judicial interpretation and application of contract law rules in China but also the scholastic understandings of and approaches to the comparison of it with a common law jurisdiction, such as Australia. Another aim of the book is to lay a foundation to commence a long-term project to comprehensively compare selected areas and topics in Australian contract law and Chinese contract law, such as damages.
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A Comparison of Australian and Chinese Contract Law

This multi-perspective examination provides deep insight into the many ways people can better understand conflict, with practical application to various roles and settings. Kenneth H. Fox provides a broadly interdisciplinary examination of conflict insights and dives into implications of how this can inform more reflective, insightful, and comprehensive conflict practice across a range of professional and personal settings. While the book is grounded in theory, it is written to be practical and accessible to students and practitioners. The book is organized into 3 parts. Part 1 introduces several metaphors that help the reader envision conflict in complementary ways and examines the importance of adopting multiple perspectives for broadening insights into conflict. It also introduces technical language that helps clarify the implications of conflict intervention and invites the readers to appreciate and engage in reflective and reflexive conflict practice. Part 2 examines sample conflict theories from six, broad disciplinary perspectives: the body; the non-conscious mind; the strategic mind; language and symbols; the co-creation of meaning; and social systems, structures, and the conflict ecosystem. Together, these 6 perspectives help provide a holistic sense of the conflicts we experience. Part 3 shifts focus to practical application of the insights examined. It discusses how the various perspectives impact the work of a conflict practitioner in general as well as particular practice roles and settings.

Insights for Professional and Personal Practice

Perspectives on Conflict

Global Perspectives on Law and the Environment

The book is a groundbreaking collaborative effort authored by a diverse team of academic scholars and experts. Contributors hail from various corners of Africa and one esteemed scholar from Asia. This dynamic collaboration brings together a wealth of perspectives, enriching the discourse on the ethical dimensions of climate-conscious trade and sustainable development in Africa. Comprising thirteen thought-provoking chapters, this comprehensive work explores the intricate relationship between climate ethics, trade policies, and development strategies on the African continent. The authors delve into the complexities of ethical considerations within Africa's trade landscape, providing a nuanced analysis of how these considerations can shape the trajectory of sustainable development. The book not only navigates the uncertainties highlighted in the UN-commissioned Millennium Ecosystem Assessment but also takes on the crucial task of examining the interactions between indigenous knowledge systems and climate change adaptation. The resulting insights are dynamic, location-specific, and responsive to diverse drivers, offering a holistic understanding of the ethical challenges and opportunities that characterize the African trade and development landscape. An outstanding feature of this collaborative effort is the inclusive approach to the subject matter. The co-authors draw from their diverse expertise, weaving together insights from environmental ethics, political science, and development studies. This interdisciplinary approach ensures a well-rounded exploration of the moral imperatives guiding sustainable trade practices, making the book accessible to scholars and practitioners in the field.&nbsp; The exploration of African metaphysics and ethics within the context of climate change adds a unique and culturally rich dimension to the book. By synthesizing indigenous knowledge with contemporary ethical theories, the authors provide a bridge between tradition and modernity, offering a foundation for structuring ethical standards that resonate with the African experience. The book is a beacon of optimism and a roadmap for a more ethically grounded approach to&nbsp; African trade and development. With its insightful analyses, innovative proposals, and diverse authorship, this book is poised to become an essential resource for academics, policymakers, and anyone interested in the ethical dimensions of climate-conscious trade in Africa.&nbsp;&nbsp;

Structuring a Standard for Trade and Development in Africa

Climate Ethics in Africa

China Arbitration Yearbook (2024)

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