Insight Into China Through Comparative Law Analysis Of Invisible Factors And Contexts

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Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts - Common Law V. Chinese Law

Author : Dr Vivek Jain
Publisher : Notion Press
Page : 334 pages
File Size : 48,9 Mb
Release : 2019-06-28
Category : Law
ISBN : 1645877434

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Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts - Common Law V. Chinese Law by Dr Vivek Jain Pdf

In times of global uncertainty and trade war, this book can fulfill the gap in existing knowledge about China... China, the economic powerhouse, is on the mind of many in the 21st century due to projects such as Belt & Road Initiative (BRI) and probably the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background. In any jurisdiction, the civil justice system is run by judges, and therefore, the understanding of the thought process of Chinese judges become very important. The thought process of Chinese judges is dependent on the legal history, current political philosophy, evolution of legal jurisprudence, evolution of law and various norms and customs, evolution of the concept of justice and procedural fairness, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The above factors are the invisible factors and contexts that are compared with similar invisible factors and contexts from a more widespread Common Law via Comparative Law Methodology. The concepts from civil law jurisdictions are also brought in the analysis at times to get a clear essence. Many stakeholders focus on the hardware of the legal system, but it's the software of the legal system that makes all the difference for substantive and procedural justice. In any jurisdiction, a civil justice system is a mirror image of any society. This book can even shed light on the Chinese society, its legal system, legal history, culture and philosophy and how it compares with the contemporaneous societies within the other common law jurisdictions.

Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China)

Author : Vivek Jain,Thomas Macey-Dare,Shengnan Jia
Publisher : Taylor & Francis
Page : 486 pages
File Size : 51,8 Mb
Release : 2022-05-30
Category : Law
ISBN : 9781000579710

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Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) by Vivek Jain,Thomas Macey-Dare,Shengnan Jia Pdf

Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
Page : 433 pages
File Size : 49,9 Mb
Release : 2017
Category : Law
ISBN : 9780190696412

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Is International Law International? by Anthea Roberts Pdf

This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Invisible China

Author : Scott Rozelle,Natalie Hell
Publisher : University of Chicago Press
Page : 242 pages
File Size : 53,5 Mb
Release : 2020-09-29
Category : Business & Economics
ISBN : 9780226740515

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Invisible China by Scott Rozelle,Natalie Hell Pdf

A study of how China’s changing economy may leave its rural communities in the dust and launch a political and economic disaster. As the glittering skyline in Shanghai seemingly attests, China has quickly transformed itself from a place of stark poverty into a modern, urban, technologically savvy economic powerhouse. But as Scott Rozelle and Natalie Hell show in Invisible China, the truth is much more complicated and might be a serious cause for concern. China’s growth has relied heavily on unskilled labor. Most of the workers who have fueled the country’s rise come from rural villages and have never been to high school. While this national growth strategy has been effective for three decades, the unskilled wage rate is finally rising, inducing companies inside China to automate at an unprecedented rate and triggering an exodus of companies seeking cheaper labor in other countries. Ten years ago, almost every product for sale in an American Walmart was made in China. Today, that is no longer the case. With the changing demand for labor, China seems to have no good back-up plan. For all of its investment in physical infrastructure, for decades China failed to invest enough in its people. Recent progress may come too late. Drawing on extensive surveys on the ground in China, Rozelle and Hell reveal that while China may be the second-largest economy in the world, its labor force has one of the lowest levels of education of any comparable country. Over half of China’s population—as well as a vast majority of its children—are from rural areas. Their low levels of basic education may leave many unable to find work in the formal workplace as China’s economy changes and manufacturing jobs move elsewhere. In Invisible China, Rozelle and Hell speak not only to an urgent humanitarian concern but also a potential economic crisis that could upend economies and foreign relations around the globe. If too many are left structurally unemployable, the implications both inside and outside of China could be serious. Understanding the situation in China today is essential if we are to avoid a potential crisis of international proportions. This book is an urgent and timely call to action that should be read by economists, policymakers, the business community, and general readers alike. Praise for Invisible China “Stunningly researched.” —TheEconomist, Best Books of the Year (UK) “Invisible China sounds a wake-up call.” —The Strategist “Not to be missed.” —Times Literary Supplement (UK) “[Invisible China] provides an extensive coverage of problems for China in the sphere of human capital development . . . the book is rich in content and is not constrained only to China, but provides important parallels with past and present developments in other countries.” —Journal of Chinese Political Science

Reimagining our futures together

Author : International Commission on the Futures of Education
Publisher : UNESCO Publishing
Page : 185 pages
File Size : 51,7 Mb
Release : 2021-11-06
Category : Political Science
ISBN : 9789231004780

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Reimagining our futures together by International Commission on the Futures of Education Pdf

The interwoven futures of humanity and our planet are under threat. Urgent action, taken together, is needed to change course and reimagine our futures.

China's International Investment Strategy

Author : Julien Chaisse
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 50,7 Mb
Release : 2019-02-21
Category : Electronic
ISBN : 9780198827450

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China's International Investment Strategy by Julien Chaisse Pdf

Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

Methods of Comparative Law

Author : P. G. Monateri
Publisher : Edward Elgar Publishing
Page : 339 pages
File Size : 55,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005118

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Methods of Comparative Law by P. G. Monateri Pdf

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

Comparative Tax Law

Author : Victor Thuronyi,Kim Brooks
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 43,9 Mb
Release : 2016-04-20
Category : Law
ISBN : 9789041167200

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Comparative Tax Law by Victor Thuronyi,Kim Brooks Pdf

Although the details of tax law are literally endless—differing not only from jurisdiction to jurisdiction but also from day-to-day—structures and patterns exist across tax systems that can be understood with relative ease. This book, now in an updated new edition, focuses on these essential patterns. It provides an immensely useful introduction to the core common knowledge that any well-informed tax lawyer or policy maker should have about comparative tax law in our times. The busy reader will welcome the compact nature of this work, which is shorter than the first edition and can be read in a weekend if one skips footnotes. The authors elucidate the commonalities and differences across countries in areas including (much of the detail new to the second edition): • general anti-avoidance rules; • court decisions striking down tax laws as violating constitutional rules against retroactivity, unequal treatment of equals, confiscation, and undue vagueness; • statutory interpretation; • inflation adjustment rules and the allowance for corporate equity; • value added tax systems; • concepts such as “tax”, “capital gain”, “tax avoidance”, and “partnership”; • corporate-shareholder tax systems; • the relationship between tax and financial accounting; • taxation of investment income; • tax authorities’ ability to obtain and process information about taxpayers; and • systems of appeals from tax assessments. The information and analysis pull together valuable material which is scattered over a disparate literature, much of it not available in English. Especially considering the dynamic nature of tax law, whose rate of change exceeds that of any other field of law, the authors’ clear identification of the underlying patterns and fundamental structures that all tax systems have in common—as well as where the differences lie—guides the reader and offers resources for further research.

Comparative Law Methodology

Author : Maurice Adams,Jaakko Husa,Marieke Oderkerk
Publisher : Unknown
Page : 0 pages
File Size : 48,5 Mb
Release : 2017
Category : Comparative law
ISBN : 1785363662

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Comparative Law Methodology by Maurice Adams,Jaakko Husa,Marieke Oderkerk Pdf

This important two-volume collection draws together the most significant and instructive articles relating to comparative law methodology and offers vast and comprehensive coverage of practices, principles, methods and sources in comparative legal research. The first volume deals with preliminary considerations such as the aims of research and the questions one should ask, as well as how to select objects for comparison and formulate a research plan. The second volume focuses on the comparative research of regulation, description, and explanation, along with discussion on functionalism, quantitative approaches, translation issues, legal transplants and global challenges. Together with an original introduction by the editors that frames the articles and helps the reader to navigate them successfully, this collection offers a balanced body of seminal research which will benefit legal scholars, students, and all who are undertaking, or seeking to evaluate, comparative legal research.

Digital and Social Media Marketing

Author : Nripendra P. Rana,Emma L. Slade,Ganesh P. Sahu,Hatice Kizgin,Nitish Singh,Bidit Dey,Anabel Gutierrez,Yogesh K. Dwivedi
Publisher : Springer Nature
Page : 337 pages
File Size : 45,8 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9783030243746

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Digital and Social Media Marketing by Nripendra P. Rana,Emma L. Slade,Ganesh P. Sahu,Hatice Kizgin,Nitish Singh,Bidit Dey,Anabel Gutierrez,Yogesh K. Dwivedi Pdf

This book examines issues and implications of digital and social media marketing for emerging markets. These markets necessitate substantial adaptations of developed theories and approaches employed in the Western world. The book investigates problems specific to emerging markets, while identifying new theoretical constructs and practical applications of digital marketing. It addresses topics such as electronic word of mouth (eWOM), demographic differences in digital marketing, mobile marketing, search engine advertising, among others. A radical increase in both temporal and geographical reach is empowering consumers to exert influence on brands, products, and services. Information and Communication Technologies (ICTs) and digital media are having a significant impact on the way people communicate and fulfil their socio-economic, emotional and material needs. These technologies are also being harnessed by businesses for various purposes including distribution and selling of goods, retailing of consumer services, customer relationship management, and influencing consumer behaviour by employing digital marketing practices. This book considers this, as it examines the practice and research related to digital and social media marketing.

Algorithms of Oppression

Author : Safiya Umoja Noble
Publisher : NYU Press
Page : 245 pages
File Size : 51,6 Mb
Release : 2018-02-20
Category : Computers
ISBN : 9781479837243

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Algorithms of Oppression by Safiya Umoja Noble Pdf

Acknowledgments -- Introduction: the power of algorithms -- A society, searching -- Searching for Black girls -- Searching for people and communities -- Searching for protections from search engines -- The future of knowledge in the public -- The future of information culture -- Conclusion: algorithms of oppression -- Epilogue -- Notes -- Bibliography -- Index -- About the author

Introduction to Sociology 2e

Author : Nathan J. Keirns,Heather Griffiths,Eric Strayer,Susan Cody-Rydzewski,Gail Scaramuzzo,Tommy Sadler,Sally Vyain,Jeff D. Bry,Faye Jones
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2015-04-24
Category : Sociology
ISBN : 1947172905

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Introduction to Sociology 2e by Nathan J. Keirns,Heather Griffiths,Eric Strayer,Susan Cody-Rydzewski,Gail Scaramuzzo,Tommy Sadler,Sally Vyain,Jeff D. Bry,Faye Jones Pdf

"Introduction to Sociology 2e adheres to the scope and sequence of a typical, one-semester introductory sociology course. It offers comprehensive coverage of core concepts, foundational scholars, and emerging theories, which are supported by a wealth of engaging learning materials. The textbook presents detailed section reviews with rich questions, discussions that help students apply their knowledge, and features that draw learners into the discipline in meaningful ways. The second edition retains the book's conceptual organization, aligning to most courses, and has been significantly updated to reflect the latest research and provide examples most relevant to today's students. In order to help instructors transition to the revised version, the 2e changes are described within the preface."--Website of text.

Nationality and Statelessness under International Law

Author : Alice Edwards,Laura van Waas
Publisher : Cambridge University Press
Page : 325 pages
File Size : 44,7 Mb
Release : 2014-09-18
Category : Law
ISBN : 9781107032446

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Nationality and Statelessness under International Law by Alice Edwards,Laura van Waas Pdf

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Comparative International Law

Author : Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg
Publisher : Oxford University Press
Page : 641 pages
File Size : 55,8 Mb
Release : 2018
Category : Law
ISBN : 9780190697570

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Comparative International Law by Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg Pdf

"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].