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Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
To most people, the topics of "China" and "law" do not hold out the promise of an entertaining book. for many prospective investors in China, the only thing more daunting than investing in the Middle Kingdom would be enduring a book written by a lawyer. However, it is time for these prejudices to be reassessed. China: the Art of Law, written by Mark E. Schaub, the first Western lawyer to work in China's largest law firm, is a lively, entertaining and informative book that provides practical guidance for foreign investors doing business in China. Covering all issues from setting up a foreign-invested enterprise ("FIE"), project implementation to managing risks and restructuring FIEs, the book liberally draws on real life experiences. Changes have been made to the cases to protect the guilty, greedy, foolhardy, corrupt, stupid and hopeless. As for the innocent - well, they do not normally make it to signing. This book will give both newcomers and old hands alike a practical perspective on why some foreign investors fail, others succeed and the rest somehow totter along somewhere in between.
The rise of China signals a new chapter in international relations. How China interacts with the international legal order--namely, how China utilizes international law to facilitate and justify its rise and how international law is relied upon to engage a rising China--has invited growing debate among academics and those in policy circles. Two recent events, the South China Sea Arbitration and the US-China trade war, have deepened tensions. This book, for the first time, provides a systematic and critical elaboration of the interplay between a rising China and international law. Several crucial questions are broached. These include: How has China adjusted its international legal policies as China's state identity changes over time, especially as it becomes a formidable power? Which methodologies has China adopted to comply with international law and, in particular, to achieve its new legal strategy of norm entrepreneurship? How does China organize its domestic institutions to engage international law in order to further its ascendance? How does China use international law at a national level (in the Chinese courts) and at an international level (for example, lawfare in international dispute settlement)? And finally, how should "Chinese exceptionalism" be understood? This book contributes significantly to the burgeoning and highly relevant scholarship on China and international law.
Built on the theme “history, culture and international law”, this special course gives a comprehensive review of China’s contemporary perspective and practice of international law in the past 60 years, with its focus on the recent 30 years when China is gradually integrated into international legal system through its opening up and economic reform process.
In March 2009, the Faculty of Law at Charles University in Prague, together with the University of Zürich, organized a seminar on Chinese legal culture. As a follow up to this event the participants and other scholars from Europe, Asia, and North America contributed essays looking at Chinese law through a variety of lenses, from its historical roots to its modern reforms. Special attention is also paid here to the question of Westernization, the role of globalization in Chinese legal system, and the act of "translating" between western and Asian legal (and cultural) systems. A wide-ranging collection that contains various perspectives from leading experts in the field, Interpretation of Law in China is a remarkable feat of scholarship and essential reading for anyone interested in comparative, international, or Asian law.
China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840–1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840–1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated. This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage. Once this proposed customary rule is accepted, it will provide a stronger argument not only for China, but also for other states of origin with a similar dilemma, including South Korea, Egypt, Greece, Cambodia, Turkey, Peru, and Italy, to recover their wrongfully removed heritage. While dealing with a large pool of return cases, this book is valuable to museums and art collectors in the event of buying and accepting art objects, and settling recovery disputes with states of origin. It will also be of interest to researchers, academics, policymakers, and students in the fields of cultural heritage law, international law, international trade, and human rights law.
This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
This study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law finds a rising tide of labor unrest mostly hidden from the world's attention. Providing a broad political and economic analysis of this labor struggle together with fine-grained ethnographic detail, the book portrays the Chinese working class as workers' stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.
One of a series on Chinese law, this text provides comprehensive information and commentary on Chinese law and legal system. The book covers all legal disciplines, from the principle areas of constitutional, administrative and criminal law, to specialist fields such as intellectual property and environmental protection law. Each discipline is illustrated by recent legislation and significant rulings.