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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.

International trade and public health have long been in tension, with intellectual property law partially to blame. Patent protections have created strong pharmaceutical monopolies, making medicines unaffordable in many countries, blocking access to healthcare, and disrupting global supply chains. Attempts to remedy these public health failures have largely been fractured, with stop-gap efforts failing to meaningfully resolve the structural issues at the intersection between access, innovation, and regulation. Rather than treating these areas as separate domains, this book advocates for a holistic regulatory approach that centers public health while recognizing the deep interconnections with IP and trade. The authors argue that advancing innovation and global development requires recalibrating legal and policy frameworks to prioritize global public health as a necessary foundational requirement for robust trade and development. Tracing the evolution of these tensions across six chapters, the book critiques current regulatory reform efforts and proposes principles for a new public health framework: a treaty that places health not in opposition to trade and IP, but firmly at the center.

Centering a Public Health Framework

Fractures in IP, Trade, and Health

Routledge Studies in the Modern World Economy

Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance.

Considering the unique character of taxation, such as the necessary discretionary power of tax administration, the complexity of tax issues, and nascent development of tax systems in many developing countries, this book provides a comprehensive analysis of tax disputes from the viewpoint of protecting the legitimate fiscal conduct of host State in investment arbitration that are of both theoretical and practical importance. The book tries to rectify and fulfill the lacunae of scholarship on tax disputes that has been hitherto overwhelmingly investor-centered. The most distinguished characteristic of the book lies in the manner in which it deals with the arbitration of taxation in a comprehensive and coherent manner, including the discussion of tax stabilization clause in investment contracts that is paramount to the tax sovereignty of State. It also combines the analyses of the taxation problems from the perspective of comparative tax law of the most relevant legal systems as well as rich tax jurisprudence of WTO and European Court of Human Rights (ECtHR).

Conflict between domestic policies and international obligation of the State on taxation

Tax Law and Investment Arbitration

Exploring the Foundations of Contract Law

Cause and Consideration

This book provides an in-depth legal examination of limited partnership in the context of China's venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

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This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

Legal Perspectives on Venture Capital and Private Equity

The Limited Partnership in China

AI and algorithms now drive modern warfare, shaping surveillance and targeting. While promising precision, these systems often mask significant, hidden civilian harm. Algorithms of War moves past the binary debate of prohibition versus promotion, focusing instead on preserving humanity through better design and governance. Drawing on testimony from conflicts around the world like Ukraine and Gaza, the book reveals how algorithmic logic can create dangerous distance between decision-makers and victims. Ultimately, it argues that humanity and a people-centred approach is essential to ensure accountability, strengthen civilian protection and legitimacy of military operations as AI continues to reshape the battlefield.

The Human Cost of AI in Conflict

Algorithms of War

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

This book provides an authoritative and timely analysis of the transformation and current state of India’s foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

This essential book offers a comprehensive and concise overview of the complex global framework of air passenger rights, examining not only national laws but also regional agreements. From countries that have "copy-pasted" the EU model to those that have significantly enhanced it - such as the Philippines with its tarmac delay provisions, or Canada with its nuanced categorization of disruptions - this book dissects the global landscape.It reveals how some nations have even surpassed their progenitor, offering unique protections for vulnerable passengers or specifying intricate details down to meal composition. Prior to this book, practitioners faced various issues from language barriers - some laws are not translated into English - to fragmentation. Now there is a consolidated analysis of all these laws in a single accessible resource, making them accessible and comparable for all. The book offers a concise, comparative overview of all distinct national and regional laws in place focusing on delays, cancellations and denial of boarding. It also contains tables to ensure easier reading access. It can be considered a one-stop shop for understanding the global panorama of air passenger rights.By meticulously analysing the varied approaches to passenger rights around the world, this book fills a crucial void, offering an invaluable resource for policymakers, legal professionals, airlines and passengers seeking to navigate the complex world of air travel consumer protection on flight delays, cancellations and denial of boarding.

A Global Perspective

Air Passenger Rights

Studies in International Trade and Investment Law

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus - representative pairs of 'divided nations', broadly defined - the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides. The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous. This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Economic Cooperation in the Shadow of Contested Sovereignty

Exploring the Stories of Cultural Objects After Their Return

Beyond Restitution

The History and Theory of International Law

The ancient Greek world was permeated with international law, the binding rules of behavior that Greeks across the Mediterranean followed and enforced for centuries. But why was international law effective in this world? Laws of All the Greeks offers an original answer rooted in contemporary social theory, presenting a definitive account of ancient Greek international law while delving into the social and psychological foundations that made it potent and durable. Challenging recent claims that international law did not exist in the Greek world, Laws of All the Greeks makes a robust case not only for its existence, but for the importance of taking ancient Greek international law as an historical subject in the first place. It provides an updated history of select elements of that law, including the right to private self-help; judicial treaties known as symbola; and piracy. Combining the findings of recent scholarship on Greek history, identity, and social networks, novel readings of documentary and literary sources, and the lessons of sociology and psychology, Jesse James demonstrates how the webs of identity binding the Greek world together affected both the rules of international law and their effectiveness at guiding legal and economic behavior. This study thus complicates and enriches prevailing approaches that emphasize formal institutions, structural features, or economic rationalism, offering instead a model for applying legal sociology to the historical study of international law.

International Law as Social Reality in Ancient Greece

Laws of All the Greeks

The China-Pakistan Economic Corridor (CPEC) represents the largest infrastructure project of its kind, spanning 3,000 km and linking two nations. This monograph is the first to provide a comprehensive analysis of the environmental governance gaps and reform pathways of the CPEC.Drawing on primary and secondary sources, project monitoring data and policy analysis, the book examines the reasons for the divergence in environmental standards between China and Pakistan. Pakistan's 27-year-old environmental legislation, fragmented provincial governance and limited regulatory capacity are inadequate for overseeing a USD 62+ billion corridor designed by a nation with advanced environmental institutions and robust enforcement mechanisms. Rather than merely critiquing current trajectories, the book proposes a three-pillar approach and a bilateral institutional framework in the form of a Joint CPEC Environmental Commission. This commission would have authority over Phase II projects (2025-2035) and could align infrastructure development with climate commitments and biodiversity protection.Through legal analysis and comparative institutional assessment, the book offers policymakers, civil society, and scholars a practical blueprint for sustainable transnational development.

Bridging the Governance Gap in the China-Pakistan Economic Corridor

Legal Frameworks and Sustainable Development

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Contemporary Chinese Law and Legal System

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