Private International Law In China

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Private International Law in China

Author : Guangjian Tu
Publisher : Springer
Page : 192 pages
File Size : 49,8 Mb
Release : 2015-10-28
Category : Law
ISBN : 9789812879936

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Private International Law in China by Guangjian Tu Pdf

This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

Chinese Private International Law

Author : Xiaohong Liu,Zhengyi Zhang
Publisher : Bloomsbury Publishing
Page : 357 pages
File Size : 45,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509924394

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Chinese Private International Law by Xiaohong Liu,Zhengyi Zhang Pdf

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.

China's One Belt One Road Initiative and Private International Law

Author : Poomintr Sooksripaisarnkit,Sai Ramani Garimella
Publisher : Routledge
Page : 250 pages
File Size : 49,8 Mb
Release : 2018-05-16
Category : Law
ISBN : 9781351348447

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China's One Belt One Road Initiative and Private International Law by Poomintr Sooksripaisarnkit,Sai Ramani Garimella Pdf

The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Conflict of Laws in the People’s Republic of China

Author : Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 45,9 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781849808590

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Conflict of Laws in the People’s Republic of China by Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo Pdf

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

A Chinese Theory of International Law

Author : Zhipeng He,Lu Sun
Publisher : Springer Nature
Page : 254 pages
File Size : 46,9 Mb
Release : 2020-03-14
Category : Law
ISBN : 9789811528828

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A Chinese Theory of International Law by Zhipeng He,Lu Sun Pdf

This book analyzes China’s attitude to international law based on historical experiences and documents, and provides an explanation of China’s approaches to international legal issues. It also establishes several elements for a possible framework of Chinese theory on international law. The book offers researchers, university students and practitioners valuable insights into how China views international law and why it does so in the way it does.

China, Cultural Heritage, and International Law

Author : Hui Zhong
Publisher : Routledge
Page : 206 pages
File Size : 50,6 Mb
Release : 2017-11-27
Category : Law
ISBN : 9781351605694

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China, Cultural Heritage, and International Law by Hui Zhong Pdf

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.

International Law as a World Order in Late Imperial China

Author : Rune Svarverud
Publisher : BRILL
Page : 333 pages
File Size : 46,5 Mb
Release : 2007
Category : Social Science
ISBN : 9789004160194

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International Law as a World Order in Late Imperial China by Rune Svarverud Pdf

The topic of this book is the early introduction and reception of international law in China. International law is studied as part of the introduction of the Western sciences and as a theoretical orientation in international affairs 1847-1911.

Chinese Contemporary Perspectives on International Law

Author : Xue Hanqin
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 47,8 Mb
Release : 2012-08-21
Category : Law
ISBN : 9789004236141

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Chinese Contemporary Perspectives on International Law by Xue Hanqin Pdf

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. After an in-depth revisit of China’s position on sovereignty and non-interference from a historical and cultural perspective, the author further explores a few areas of importance where China’s viewpoints often invite general interest: human rights, sustainable development, and multilateralism and regional cooperation.

Chinese Private International Law

Author : Maja Blumer
Publisher : Unknown
Page : 100 pages
File Size : 47,8 Mb
Release : 2013
Category : China
ISBN : 3906107000

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Chinese Private International Law by Maja Blumer Pdf

The Rise of China and International Law

Author : Congyan Cai
Publisher : Oxford University Press
Page : 344 pages
File Size : 42,5 Mb
Release : 2019-09-10
Category : Law
ISBN : 9780190073626

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The Rise of China and International Law by Congyan Cai Pdf

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.

Contemporary International Law and China’s Peaceful Development

Author : Lingliang Zeng
Publisher : Springer
Page : 553 pages
File Size : 47,6 Mb
Release : 2020-12-02
Category : Law
ISBN : 9811586551

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Contemporary International Law and China’s Peaceful Development by Lingliang Zeng Pdf

This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.

International Law in China

Author : Zhaojie Li
Publisher : National Library of Canada = Bibliothèque nationale du Canada
Page : 530 pages
File Size : 49,5 Mb
Release : 1997
Category : China
ISBN : STANFORD:36105062250886

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International Law in China by Zhaojie Li Pdf

Today, different attitudes of various nations towards international law, different forms of civilization, history, and tradition have been exerting themselves as never before on the development of international law. Accordingly, a comprehensive study of these attitudes and a profound exploration and identification of factors of decisive importance for the formation and development of these attitudes are indispensable to, and vitally important for, the future development of international law. The present study focuses on one country, namely, China. This study attempts to make as comprehensive and inquiry as possible and over an extensive time-scale into the Chinese attitude towards international law from a broad world order perspective.

Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1

Author : Peng Guo,Haicong Zuo,Shu Zhang
Publisher : Springer Nature
Page : 397 pages
File Size : 53,5 Mb
Release : 2022-07-07
Category : Law
ISBN : 9783662652503

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Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1 by Peng Guo,Haicong Zuo,Shu Zhang Pdf

This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 1990 to 2005. During this period, the number of cases grew gradually. The total number of cases remained low, the reasons of which might be the following: parties were not familiar with the CISG hence decided to opt out of it; the case collection and report systems in China at that time were not as developed as now rendering many cases inaccessible. This book deals with the cases in the early days of the development of the CISG in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in the future.

Private International Law and the Internet

Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
Page : 659 pages
File Size : 41,7 Mb
Release : 2016-03-22
Category : Law
ISBN : 9789041159656

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Private International Law and the Internet by Dan Jerker B. Svantesson Pdf

In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.