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Law and Criminology (R0)

Chuanfang Zhang

Provisional Measures in Investor-State Arbitration and China's Legal Practice

&lt;p&gt;Introduction.- The Legal Bases of Provisional Measures.-&amp;nbsp;The Purpose of Provisional Measures.-&amp;nbsp;The Categories of Provisional Measures.-&amp;nbsp;Provisional Measures Suspending Parallel Proceedings.-&amp;nbsp;The Authority of Granting Provisional Measures.- Etc.&lt;/p&gt;

This book offers a comparative legal analysis of data protection frameworks in three of Asia’s most influential jurisdictions: China, Japan, and South Korea. As data privacy becomes a universal legal concern, regional approaches remain deeply shaped by divergent legal traditions, economic strategies, and governance philosophies. This volume examines how each country balances the competing interests of individual privacy, economic innovation, and public security in crafting and enforcing data protection laws. &nbsp;
Focusing on four major themes—(1) General Frameworks, (2) Biometric Data, (3) Artificial Intelligence, and (4) Cross-Border Data Transfers—the book explores how these countries address some of the most pressing and complex challenges in contemporary data protection law. Each chapter is written by legal scholars or practitioners with deep regional knowledge and comparative perspectives, offering both doctrinal analysis and practical insights drawn from real-world regulatory and litigation contexts.
Chapter 5 is available open access under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License via link.springer.com.

This book offers a comparative legal analysis of data protection frameworks in three of Asia’s most influential jurisdictions: China, Japan, and South Korea. As data privacy becomes a universal legal concern, regional approaches remain deeply shaped by divergent legal traditions, economic strategies, and governance philosophies. This volume examines how each country balances the competing interests of individual privacy, economic innovation, and public security in crafting and enforcing data protection laws.
 
 &nbsp;
 Focusing on four major themes—(1) General Frameworks, (2) Biometric Data, (3) Artificial Intelligence, and (4) Cross-Border Data Transfers—the book explores how these countries address some of the most pressing and complex challenges in contemporary data protection law. Each chapter is written by legal scholars or practitioners with deep regional knowledge and comparative perspectives, offering both doctrinal analysis and practical insights drawn from real-world regulatory and litigation contexts.Chapter 5 is available open access under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License via link.springer.com.

The Evolution of Data Protection Laws in China, Japan, and Korea

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;

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

Economic Analysis of Law in European Legal Scholarship

This book brings together legal and economic perspectives to examine how organizational structures, incentives and behavioural factors shape the actions of firms and their decision-makers. It covers principal agent problems, corporate criminal and civil liability,sustainability and ESG governance, as well as emerging questions related to decentralization,DLT and blockchain. Further chapters address organisational challenges in corporate law, behavioural barriers in governance and practical financial decision-making. Overall, the volume highlights how law and economics jointly contribute to understanding and improving organisational behaviour.

This book brings together legal and economic perspectives to examine how&nbsp;organizational structures, incentives and behavioural factors shape the actions of firms and their&nbsp;decision-makers. It covers principal agent problems, corporate criminal and civil liability,sustainability and ESG governance, as well as emerging questions related to decentralization,DLT and blockchain. Further chapters address organisational challenges in corporate law,&nbsp;behavioural barriers in governance and practical financial decision-making. Overall, the volume&nbsp;highlights how law and economics jointly contribute to understanding and improving&nbsp;organisational behaviour.

Law and Economics of Organizations

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

New Challenges, Current Issues and Innovative Approaches

General Theory of Law

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

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 examines the future of Indigenous law in Africa in connection with the legislative privatisation of Indigenous land tenure in Africa. It seeks to determine whether this privatisation has destroyed, altered, amended, or improved Indigenous law through a legislative process that has been a source of relief, controversy, concern, and frustration. The central question it addresses is: What remains of Indigenous law in the wake of this privatisation?
The book highlights Africa’s multiple legal regimes and the need to constantly question the future of these diverse legal orders, particularly Indigenous law, which paradoxically represents the majority legal order yet remains subordinate to state law and practice, even in African states that have constitutionalised indigenous law. It argues for reimagining multi-stakeholder-managed land tenure as part of the search for a moral order – a search that Indigenous African communities should continue to pursue, guided by the norms of solidarity, care, compassion, and sustenance evident in the relationships nurtured in property relations.

This book examines the future of Indigenous law in Africa in connection with the legislative privatisation of Indigenous land tenure in Africa. It seeks to determine whether this privatisation has destroyed, altered, amended, or improved Indigenous law through a legislative process that has been a source of relief, controversy, concern, and frustration. The central question it addresses is: What remains of Indigenous law in the wake of this privatisation?The book highlights Africa’s multiple legal regimes and the need to constantly question the future of these diverse legal orders, particularly Indigenous law, which paradoxically represents the majority legal order yet remains subordinate to state law and practice, even in African states that have constitutionalised indigenous law. It argues for reimagining multi-stakeholder-managed land tenure as part of the search for a moral order – a search that Indigenous African communities should continue to pursue, guided by the norms of solidarity, care, compassion, and sustenance evident in the relationships nurtured in property relations.

The Privatisation of Indigenous Land Tenure and the Future of African Indigenous Law

This book focuses on the people's supervisor system in China and its legislation. It is the very first book to focus on legislation related to the people's supervisor system in China. It compares the people's supervisor system with the people's jury system in China. By applying a constitutional approach and exploring the legislation of the people's supervisor system, this book presents the possibilities of establishing a people's supervisor system and rule of law in China. This book is intended for legal scholars or practitioners with an interest in Chinese judicial reform, including court and procuratorate reform, as well as the advancement of the rule of law in China.

Legislative Research on the People’s Supervisor System

<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>
<div>&nbsp;</div>
<div>
<div>
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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<div>&nbsp;</div>

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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.
&nbsp;



 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.
 &nbsp;

Provisional Measures in Investor-State Arbitration and China’s Legal Practice

Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application

This book examines the field of financial cooperation and regulation along the Belt and Road. By evaluating the relevant theories, investigating the different sectors and analysing the practices of the individual country case studies, the book presents a well-rounded portrait of the topic.&nbsp; &nbsp; &nbsp;The book draws from experiences of different jurisdictions and provides a thorough and comprehensive study of different sectors, such as banking, bond, transportation finance, professionals, and others. The&nbsp;chapter authors’ in-depth experience provides both an academic's and practitioner’s view into the variety of topics explored.&nbsp; &nbsp; &nbsp; &nbsp;&nbsp;This book is beneficial to undergraduate and postgraduate students, academics, financial professional, as well as law enforcement agencies and financial regulators who are interested in financial regulatory issues that have arisen as a result of China's Belt and Road Initiative.

This book examines the field of financial cooperation and regulation along the Belt and Road. By evaluating the relevant theories, investigating the different sectors and analysing the practices of the individual country case studies, the book presents a well-rounded portrait of the topic. &nbsp;&nbsp;&nbsp;&nbsp;The book draws from experiences of different jurisdictions and provides a thorough and comprehensive study of different sectors, such as banking, bond, transportation finance, professionals, and others. The&nbsp;chapter authors’ in-depth experience provides both an academic's and practitioner’s view into the variety of topics explored.&nbsp; &nbsp;&nbsp;This book is beneficial to undergraduate and postgraduate students, academics, financial professional, as well as law enforcement agencies and financial regulators who are interested in financial regulatory issues that have arisen as a result of China's Belt and Road Initiative.

Along the Belt and Road

Financial Cooperation and Regulation

Artificial Intelligence and the Rule of Law

Blue Book on AI and Rule of Law in the World (2023)

Provisional Measures in Investor-State Arbitration and China's Legal Practice

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