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Zhang Mo: Contemporary Chinese Law and
Legal System

Contemporary Chinese Law and Legal System

Fundamentals, Civil Justice and Process

Introduction; Part I. Chinese Law and Legal System in General: 1. Chinese legal history and culture; 2. Theoretical foundation of modern Chinese law; 3. Socialist legal system: sources of law and legal hierarchy; 4. Chinese constitution and government structure; 5. Chinese judiciary and judicial power; 6. Legal education in China and the Chinese bar; Part II. Chinese Civil Law and Civil Code: 7. General provisions of the civil code; 8. Property law; 9. Contract law; 10. Law of personality rights; 11. Marriage, family relations, and succession; 12. Law of torts; Part III. Civil Dispute Settlement and Legal Process: 13. International civil litigation in Chinese courts; 14. International commercial arbitration in China.

Collected Courses of the Academy of European Law

The discourse, scholarship, and practice of transitional justice have become pivotal to addressing historical systematic injustices. However, until recently, the field has largely overlooked some of the most enduring and pervasive injustices of human history: racism and the colonialism and slave-trade that both reflected and fuelled it. Race and Transitional Justice examines how race and racism interact with transitional justice mechanisms and institutions to question why this is the case, and how it could be different. Bringing together diverse perspectives to examine the historical and socio-political contexts of transitional justice, this book argues that the field remains largely inattentive to the role of race. As a result, transitional justice institutions may be sustaining the very racialization that they are expected to remedy. The contributions offer a range of responses. Some call to abandon the whole field, citing its complicity in the indefinite maintenance of settler hegemony. Others consider transitional justice an essential space to work towards a more just, non-racist, social order. The result is a sensitive reflection into emancipatory transitional justice futures.

Race and Transitional Justice

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

Studies in International and Comparative Criminal Law

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations. The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war. The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

This book unveils gaps, inconsistencies, and barriers to accountability emerging from the intersections between IHL and ICL in the definition and treatment of indiscriminate and disproportionate attacks as jus in bello violations.
 
The book identifies and explains the unresolved legal problems surrounding the prevention and control of indiscriminate and disproportionate attacks as international war crimes, and critically unpacks the macroscopic implications of these problems for international adjudications. It goes on to address the challenges posed by these attacks as key causes of civilian victimization in war.
 
The author demonstrates that the Rome Statute of the ICC, legibus sic stantibus, does not allow to prosecute and punish the most recurring forms of indiscriminate and disproportionate attacks, crucially impairing the ability of this institution to pursue the objectives declared by its founding treaty. It concludes by offering two amendment proposals for the Rome Statute to bridge the gaps and overcome the antinomies identified.

Bridging the Accountability Gap

Indiscriminate and Disproportionate Attacks in International Law

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

In Illiberal Law and Development, Susan H. Whiting advances institutional economic theory with original survey and fieldwork data, addressing two puzzles in Chinese political economy: how economic development has occurred despite insecure property rights and weak rule of law; and how the Chinese state has maintained political control amid unrest. Whiting answers these questions by focusing on the role of illiberal law in reassigning property rights and redirecting grievances. The book reveals that, in the context of technological change, a legal system that facilitates reassignment of land rights to higher-value uses plays an important and under-theorized role in promoting economic development. This system simultaneously represses conflict and asserts legitimacy. Comparing China to post-Glorious Revolution England and contemporary India, Whiting presents an exciting new argument that brings the Chinese case more directly into debates in comparative politics about the role of the state in specifying property rights and maintaining authoritarian rule.

Property Rights and Conflict Over Land in China

Illiberal Law and Development

Exploring the Stories of Cultural Objects After Their Return

Beyond Restitution

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

This book offers a key point of reference for reflective and thoughtful examinations of the rule of law in tax and related disciplines. It features a stellar cast of established and early-career researchers from a variety of jurisdictions who have entered into conversations about the nature of the rule of law; its relevance to questions about tax, welfare, distribution and public spending; and the challenges involved in applying legal standards in these fields. There is a particular focus on the interaction between the rule of law and the rapidly emerging world of cross-border tax avoidance, reforms influenced by the OECD's Base Erosion and Profits Shifting project and the evolution of EU-level governance over direct as well as indirect taxes. The book is accessible to those new to taxation and public finance as well as to experts, and to lawyers and non-lawyers alike.

Tax, Public Finance, and the Rule of Law

Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw. This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity. Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent 'get out of jail' schemes. It concludes by considering how we can respond to this phenomenon.

Pseudolaw and Sovereign Citizens

Code of Federal Regulations, Title 43 Public Lands: Interior

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 43 presents regulations relating to public lands (Bureau of Reclamation), land resource management, minerals management, range management, forest management, recreation programs, technical service (Bureau of Land Management), and administration of special programs (Office of the Secretary of the Interior).

Interior 1000-End

Code of Federal Regulations, Title 43 Public Lands

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

Contemporary Chinese Law and Legal System

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