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Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
The Guide on the New York Convention provides an insight on the application of the Convention by State courts.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.
Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
This volume is the first in a series of comparative studies that focuses on Korea's legal system and its political institutions under the sponsorship of the Korea Law Center at UC Berkeley Law School. Korea has experienced an astonishing pace of legal reforms within an interval of two generations. The collapse of the authoritarian regime started an irreversible process of democratization that has not yet completed its full course. The papers included in this volume cast new lights on the challenges and institutions that define the substance and the structure of current legal reforms. Although it is not the purpose of this volume to provide a comprehensive report on the current state of Korean law, the selective range of the themes is not a simple happenstance. It is representative of the current political debate which echoes the Korean society's determination to resolve the paradoxes of its legal tradition and overcome the trials of its democratic aspirations.
Nygh's Conflict of Laws in Australia provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards.The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.The ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011
The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.