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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;

European Union and its Neighbours in a Globalized World

This book provides an in-depth and timely analysis of a relevant and controversial issue: the relationship between European Union values and international law. It examines whether and to what extent the EU succeeds in influencing international law by upholding and promoting its values (listed in Article 2 of the Treaty on European Union) globally, as explicitly provided for in Article 3(5) and in Article 21 of the Treaty on European Union, through its international agreements. In particular, the book focuses on the free trade agreements concluded by the Union with States and other regional organisations. The reason for this choice is based on the assumption that this is the area where the EU can make the most effective use of its soft power, which derives from its commercial strength and namely from the attractiveness of the access to its internal market. What makes this volume unique is its approach to the topic, tracing the historical and philosophical foundations of European values, both from a historical perspective and through comparative legal analysis. This solid foundation enables the reader to gain an in-depth understanding of the values that the Union seeks to promote in the wider world. Thus, the analysis looks at how selected core values—such as democracy and the rule of law, peace and security, human rights and minority protection, sustainable development, data protection, dispute settlement, and respect for international law—are incorporated and promoted through EU free trade agreements. It investigates both the impact of individual agreements on the domestic legal orders of partner States and the cumulative effect of EU FTAs on the broader development of international law, questioning whether they contribute to shaping a rules-based multilateral order aligned with EU normative commitment. This reflection is particularly relevant and necessary in today's international context, which is marked by crises that challenge the very notion of a global order based on common principles and values.This book offers a valuable resource for practitioners and academics, particularly those interested in international law, EU law, international trade law, as well as history of law, constitutional law, comparative law and international relations. In addition, the book contains policy recommendations, which makes it particularly useful for decision-makers and policy advisors.

How the EU Upholds and Promotes its Values in the Wider World through its International Agreements

EU Values and International Law

Eurasian Countries and Human Rights Protection: Perspectives and a Possible Mechanism for Cooperation.- Central Asia and International Law.- Study on Value and Implementation Mechanism of African Constitutions.- Concurrent Criminal Jurisdiction: A Challenge to the Concept of Traditional Jurisdictional RuleTransformation of International Economic Law: Contours and Ways of the New Regulation.- New Formats of BRICS Cooperation in Economics, Science and Technology (‘BRICS+’, ‘RRICS-Outreach’) in Light of Basic Principles of International Law Jus Cogens.- The Role of BRICS in the Formation of Regional Monetary Unions.- Use of SEZs for Development: National Policies of China and India and the Potential Legal Implications.- The Arbitrability of International Commercial Disputes Involving Economic Sanctions.

The BRICS Legal Cooperation and Perspectives

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 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

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

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

Beck international

The book
Accompanied by the increasing number of cross-border issues in Europe, it is indispensable for national legal consultation to be acquainted with the relevant conflict of laws rules.

The advantages at a glance<ul><li>up-to-date</li></ul>
The target group
For judges, counsel and academics alike.

Article-by-Article Commentary

Dispute Resolution and Conflicts of Laws

A Brazilian Perspective

Supreme Courts and Binding Precedents

Legal and Axiological Determinants of Innovative Democratic Mechanisms in Local Communities of Central, Eastern and Southern European Countries

This book provides a comprehensive review of Chinese trademark law, policy and practice with the updated materials since the reform of Chinese trademark law in 2019. It provides a clear explanation and insightful opinions on Chinese law from a comparative and international law perspective. It draws on the author's 16 years of experience in teaching, researching and practicing trademark law as a scholar in a prestigious Chinese law school and as an expert consultant to the Trademark Office, courts and companies. The book analyses trademark registration (conditions and procedures) and protection (scope of rights and enforcement procedures) with theoretical criticism and practical advice. On trademark registration, it has paid special attention to two prominent issues of interest to researchers and practitioners: problems in trademark registration due to the Chinese Trademark Office's strict examination of distinctiveness, public order and morality, and the risk of conflict with earlier trademarks, and difficulties in combating trademark squatting. On trademark protection, it has presented the constant and productive reforms of the Chinese trademark law, which strengthen the sanction of trademark infringement and the policies that motivate judges to significantly increase damages to trademark owners. The book has also described the characteristics of the Chinese administrative and judicial systems, where applicable, in which trademark law is applied. Overall, the book provides a clear and efficient way for researchers and practitioners to gain a comprehensive and in-depth understanding of Chinese trademark law and practice.

Chinese Trademark Law from the Perspective of international Treaties

Chapter 1 Biotechnology the Science.- Chapter 2 Commercial Application of Biotechnology.- Chapter 3 Law and Policy of Biotechnology.- Chapter 4 IPR and Biotechnology.- Chapter 5 Trade and Environmental regulation of Biotechnology.- Chapter 6 Human Rights and Biotechnology.- Chapter 7 Biotechnology and Society.- Chapter 8 Bio-piracy and Bio-Prospecting.- Chapter 9 Regulation of Biotechnology.

Perspectives from USA, UK, EU and India

Law Relating to Biotechnology, 2nd Ed

There is always a dark side, and taxation in its international dimension is no less. Pecunia, being the cash, drives it more than philosophical principles like justice or solidarity. International taxpayers, whether individuals or corporations, do not feel the same obligations vis à vis the society where they temporarily live, work and produce their wealth as if they would feel if they were permanently integrated in a country. The reader of this textbook will be conducted within the technicalities of international taxation by way of an original perspective on philosophy, politics and economics (PPE) affording (i) who has the right to exercise the power to tax by examining the criteria to determine the jurisdiction to tax both in the worldwide and territorial system, (ii) how to exercise the power to tax, through tax return or withholding tax, (iii) what to tax among active and passive income within inbound and outbound taxation, (iv) how much to tax through the transfer pricing, (v) international taxation as part of international law, (vi) international tax treaties, and finally (vii) the BEPS projects that represent the very last evolution in the field. Scandals, leaks as a James Bond movie, aggressive tax planning techniques and related case law, involving high-net-worth individuals as well as multinational corporations, bring the reader to discover that each single State belonging to the international community acts as a chess player before the international tax chessboard observing as pieces its own economy, its own society, and balancing any tax policy decision with possible reactions of domestic taxpayers that could move away, those foreign taxpayers that could decide to move in, and possible retaliations from other States. The ambition is to get the reader convinced that, as the Sicilian Tancredi Falconeri warns his uncle Don Fabrizio Corbera, Prince of Salina, in the masterpiece book “The Leopard” of Giuseppe Tomasi di Lampedusa, “everything must change because everything remains as it is”, and only exploring what is behind the stage of international taxation clarifies how this important piece of social science really works.

Pecunia non olet

The Dark Side of International Tax Law

China Arbitration Yearbook (2024)

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