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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;

China Arbitration Yearbook

New Arbitration Law in China

Modern China and International Economic Law

<div>This book provides a comprehensive and systematic overview of the provisional measures regime in investor-State arbitration, from the legal basis of&nbsp;provisional measures in investor-State arbitration to the purpose of provisional measures, from the categories of provisional measures to provisional measures suspending parallel proceedings, and from the authority of investor-State arbitral tribunals to grant provisional measures to the requirements for granting provisional measures and to the compliance with provisional measures.</div>
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The system of provisional measures in investor-State arbitration can be divided into ICSID arbitration and non-ICSID arbitration, and comparison and anatomy can be conducted within the system. In addition, it is interesting to see how these issues are dealt with in the interim measures taken by the ICJ. In view of this, this book intends to compare the provisional measures in the ICSID arbitration and non-ICSID arbitration within the investor-State arbitration system, and compare the provisional measures in the investor-State arbitration with the interim measures in the ICJ, so as to anatomize the system of provisional measures and provide some guidance for the international lawyers in their future arbitral (judicial) practice.
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Provisional Measures in Investor-State Arbitration and China’s Legal Practice

This book examines the self-help in contemporary society. The aim is to demonstrate the misconception of associating self-help only with physical violence, illegality or seeing it as a mere instrument for the stronger to overpower the weaker. For some years now, the subject has been receiving a significant&nbsp; attention, with with the emphasis being placed on the need to protect rights unilaterally&nbsp;. To give the reader an idea of its importance, it is difficult for anyone not to suffer or fail to practice self-help in their daily lives, often without realizing it. Several examples could explain not only this reality, but above all the relevance of studying the subject. However, one is enough: the growth of self-regulated environments, notably social networks and digital platforms, has brought about intense transformation in the lives of people, companies and public institutions, and much of the governance of these environments depends on self-help, such as restricting speech freedom, blocking profiles that disseminate illegal content or false information, etc. The growing concern with the means of conflicts resolution highlights the need to understand the role of self-help&nbsp; in contemporary times, especially in order to overcome many myths that still surround it and to define its limits within the Rule of Law. &nbsp;

A Brazilian Perspective

Self-help as Method of Conflict Resolution

EYIEL Monographs - Studies in European and International Economic Law

European Yearbook of International Economic Law

This book provides a critical examination of the deficiencies in decent work within global supply chains. It explicitly identifies and discusses the core elements of decent work as defined by the International Labour Organisation's (ILO) decent work agenda, while underscoring the essential international human and labour rights principles that are integral to achieving these standards. The study firmly asserts that multinational enterprises (MNEs) have a pivotal role in advancing decent work initiatives. However, it is undeniable that many of these enterprises frequently fail to comply with established decent work standards. MNEs have gained stronger international influence, and they are able to move their businesses to countries with low cost of labour and less regulations. This phenomenon weakens the governments of host nations as they are keen to promote foreign direct investment in order to reduce unemployment and to ensure economic growth. As a result, the host nations are encouraged to set laws that will attract MNEs at the expense of human and core labour rights. As a result, MNEs are not held accountable in respect of alleged abuses of human and labour rights.
This book recommends regulatory reforms, which will empower the ILO to intervene to prevent human and labour rights violations by MNEs and where such violations occur, to at least provide effective remedies to vulnerable employees.

Compliance with Decent Work Standards by Multinational Enterprises

Sustainable Development Goals Series

This volume provides a nuanced analysis of the profound impact left by the dissenting opinion in the Tokyo Trial by Justice Radha Binod Pal's&nbsp;ideological stance on modern international criminal law. It consists of a detailed examination of this bold opinion on post-war justice that built the legacy of Justice Radha Binod Pal. Through an interdisciplinary perspective, this collection analyses the contemporary impact of Justice Pal's dissent and his ideologies and how they can impact contemporary dialogue in international law revolving around fairness, justice, accountability and inclusivity in international law and global power dynamics. It explores the intersection of his critique with contemporary concerns such as the decolonisation of international law, the legitimacy of global legal institutions, and the pursuit of a just world order. By engaging with issues such as territorial conflicts, and the role of legal pluralism, this volume aligns with the broader objectives of SDG16 (Peace, Justice, and Strong Institutions), offering a critical lens on how international law can evolve to promote equitable and transparent global governance. With contributions ranging from analysis of historical perspectives to examination of contemporary implications, the edited volume shall be essential for readers interested in international law and scholars established in the research field of international criminal law, international humanitarian law and human rights, fair global order and the evolving role of dissent, inclusivity, cultural and social contextualisation.

Justice Radha Binod Pal's Dissent

Beyond Victor’s Justice and Pursuit of Sustainable Development in International Law

This open access book examines how Europe's traditionally open investment landscape has, over the past decade, shifted towards a more protectionist stance in response to evolving geopolitical factors. Featuring contributions from leading scholars, civil servants, and practitioners, it offers a comprehensive analysis through four key themes: investment frameworks, arbitration, sustainability, and future developments. With its expert insights and broad scope, this collection is an invaluable resource for investment lawyers both within and beyond the European Union. 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 Swedish Studies Network.

Past, Present, and Future

The EU Law of Investment

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

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

Special Issue

The volume examines the lessons learned and challenges identified during the almost two years of application of the Foreign Subsidies Regulation (FSR) by the European Commission, legal practice and contracting authorities, and places them in the context of an assessment of the FSR's conceptualisation, international reactions and the proliferating criticism in the academic literature. The contributions to this volume present the various challenges of the FSR through different lenses, thus providing a complex view of the FSR.

Assessing Implementation

The Foreign Subsidies Regulation

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

China Arbitration Yearbook (2024)

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