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Book
xviii, 214 pages ; 25 cm.
  • Foreword
  • Introduction
  • Shareholder wealth maximisation revisited
  • Shareholder power and shareholder empowerment
  • Shareholder rights and corporate objectives in China : past and present
  • Towards stakeholder model
  • A more suitable corporate objective in China
  • Conclusion.
Corporate objective, namely, for whose interests should a company be run, is the most important theoretical and practical issues confronting us today, as the core objective animate or should animate every decision a company makes. Despite decades of debate, there is no consensus regarding what the corporate objective is or ought to be. However, clarity on this issue is necessary in order to explain and guide corporate behaviour, as different objectives could lead to different analyses and solutions to the same corporate governance problem. In addition to the study on the corporate objective in the Anglo-American jurisdictions, the discussion of this topic in the context of China is also very important on the ground that China has become the second largest economy in the world and is playing an increasingly significant role in global affairs. Though a socialist state, China also heavily relies on the corporate vehicle as the most important business organisation to ensure its rapid economic development since its market reforms in 1978. Adolf Berle and Gardiner Means's observation eight decades ago that large public companies dominate the world remains true today, not only in the West but also in China. The regulation and governance of such companies will have a material impact on the further development of the Chinese economy, which could in turn directly affect the world economy. Company law and corporate governance therefore receive much attention and have become a vital issue in China. Although the current focus is primarily on corporate performance, the fundamental question at the heart of corporate governance, namely the corporate objective, is still unresolved. Contrary to the widely held belief that the corporate objective should be maximising shareholder wealth, this book seeks to demonstrate that the shareholder wealth maximisation approach is both descriptively and normatively unsuitable. As an antithesis to it, stakeholder theory generally develops to be a more suitable substituent. Justifications and responses to its main criticisms are offered from descriptive, normative and instrumental aspects, whilst new techniques of balancing competing interests and more workable guidance for directors' behaviour are brought forward as essential modifications. Along with the unique characteristics of socialist states, the stakeholder model is expected to find solid ground in China and guide the future development of corporate governance. This book will be important and useful to researches and students of corporate law, corporate governance, business and management studies.
(source: Nielsen Book Data)9781138288867 20171204
Law Library (Crown)
Book
xxv, 207 pages ; 25 cm.
  • The second ideological emancipation or a utopia?
  • On the innovation and transplantation of institutions and its self-organization
  • The considerations and a mistake of critics
  • Organism and liberty-the paradox of hayek's rule of law (a discussion with professor deng zhenglai about spontaneous oder)
  • The wisdom and prejudice of Carl Schmitt's constitutional theory
  • On two analytical frameworks provided for the debate of jurisprudence
  • Definite uncertainties and the grand design of the legal system in China
  • The judicial reform in china: the status quo and future directions
  • To implement the rule of law through "the system of Three Kinds of Review"
  • Legal mode of social transformation
  • Tradition and innovation of legal order
  • Conditions for modern rule of law
  • The roots of law and its efficacy
  • Institutional combinations between "sollen" and "actuality"
  • Efficiency-seeking jurisprudence
  • The quantitative analysis and prediction of changes in law
  • The rule of private law and economic development
  • Reflections on relational contract theory
  • The status and role of parties in action inside and outside of court
  • Law and society geared to the 21st century: reflections on the 31st session of the Symposium of the Research Committee on the Sociology of Law of the International sociological association.
Law Library (Crown)
Book
xiii, 206 pages : illustrations ; 24 cm
  • Introduction
  • States of origin and cultural heritage
  • Availability of a legal basis for the return of China's cultural heritage
  • Customary international law
  • Return of cultural heritage looted during armed conflicts
  • Return of cultural heritage stolen and illegally exported in peacetime
  • Evolving social and ethical norms : practice of individuals, private museums, and auction houses
  • Return of historically removed heritage.
"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."-- Provided by publisher.
Law Library (Crown)
Book
xiv, 362 pages ; 24 cm.
  • Australia, China, and ChAFTA : punching above both belt and weight / Colin B. Picker
  • An analytical introduction to ChAFTA: features and challenges / Heng Wang
  • A comparative context : ensuring Australian and Chinese legal systems coexist to facilitate harmonious and trustworthy trade / Nicholas Morris
  • ChAFTA's external impact on related Mega-FTAs / Chang-fa Lo
  • The China-Australia FTA and Australia's FTAs with other Asian countries : their implications for future SOE regulation / Takemasa Sekine
  • Services liberalisation in ChAFTA : progress assessment and the way forward / Jingxia Shi
  • Culture-oriented mode 4 under ChAFTA : policy considerations / Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin
  • Breakthrough or standstill? : China's liberalisation of legal services under ChAFTA / Weihuan Zhou and Junfang Xi
  • Trade in education services under ChAFTA : what does it mean for Australia? / Eva Chye
  • Substantive provisions in chAFTA's investment chapter / Vivienne Bath
  • Australia, China, and the coexistence of successive international investment agreements / Tania Voon and Elizabeth Sheargold
  • A comparative review of the investor-state arbitration clause in ChAFTA from China's perspective : moving forwards or sideways? / Shu Zhang
  • Investor-state dispute settlement and the Australian constitutional framework / Lisa Burton Crawford, Patrick Emerton, and Emmanuel Laryea
  • E-commerce in chAFTA : new wine in old wineskins? / Henry Gao
  • Expanding the E-commerce chapter in chAFTA : a green box, orange box, and red box approach / Jie (Jeanne) Huang
  • The ideas boom : the innovation economy in the post-ChAFTA Australia-China relationship / Ken Shao.
This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China-Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
(source: Nielsen Book Data)9781509915385 20180326
Law Library (Crown)
Book
xiv, 312 pages ; 24 cm
  • The law, China, and the world : an introduction / Yun Zhao and Michael Ng
  • Punishments in the post re-education through labour world : questions about minor crime in China / Sarah Biddulph
  • Understanding the presumption of innocence in China : institution and practice / Lin Xifen and Casey Watters
  • Judicial approach to human rights in transitional China / Shucheng Wang
  • Public enforcement of securities laws : a case of convergence? / Chao Xi and Xuanming Pan
  • China's free trade from SEZs to CEPA to FTZs : the Beijing consensus in global convergence and divergence / Wenwei Guan
  • Achievements and challenges of Chinese maritime judicial practice / Liang Zhao
  • Interaction of national law-making and international treaties : implementation of the convention against torture in China / Björn Ahl
  • Online privacy protection : a legal regime for personal data protection in China / Yun Zhao
  • Traditionalising Chinese law : symbolic epistemic violence in the discourse of legal reform and modernity in late Qing China / Li Chen
  • Judicial orientalism : imaginaries of Chinese legal transplantation in common law / Michael Ng
  • Commercial arbitration transplanted : a tale of the book industry in modern Shanghai / Billy K.L. So and Sufumi So
  • China's unilateral abrogation of the Sino-Belgian treaty : case study of an instance of deviant transplantation / Maria Adelel Carrai
  • Consequential court and judicial leadership : the unwritten Republican judicial tradition in China / Zhaoxin Jiang.
This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.
(source: Nielsen Book Data)9781107182004 20180409
Law Library (Crown)
Book
x, 219 pages ; 24 cm
  • Introduction
  • The evolution of land law in China : partial reform, vested interests, and small property
  • Planting houses in Shenzhen
  • Small property, big market : a focal point explanation
  • Small property, adverse possession, and optional law
  • Small property in transition : a tale of two villages
  • All quiet on the judicial front?
  • Conclusion: Market transition : sticky norms or sticky law?
"Small property houses provide living space to about eight million migrant workers, office space for start-ups, grassroots police stations and public schools; their contribution to the economic growth and urbanization of a city is immense. The interaction between the small property sector and the formal legal order has a long history and small property has become an established engine of social and legal change. [This book presents] stories about how institutional entrepreneurs worked together to create an impersonal market outside of the formal legal system to support millions of transactions. [The author] uses an eleven-month fieldwork project in Shenzhen - China's first special economic zone that has grown to a mega city with over fifteen million people - to demonstrate this."-- Provided by publisher.
Law Library (Crown)
Book
xvii, 284 pages : illustrations ; 24 cm.
  • Introduction
  • The rise of a nationwide contentious public sphere
  • The Chinese state's turn to law and rights
  • Critical news reporting and legal-media collaborative networks
  • Extending liberalization from the press to the Internet
  • An emerging online public
  • The Chinese state strikes back
  • Conclusion.
Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China--one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded. Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere--and its uncertain future--is a pressing issue with important implications for the political prospects of the Chinese people. Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.
(source: Nielsen Book Data)9780691166865 20171204
Law Library (Crown)
Book
xv, 228 pages : 1 map ; 22 cm.
  • Introduction
  • Human rights and competing conceptions of justice, law and power in China
  • Institutional avenues of human rights advocacy
  • Liberty and life
  • Expression and thought
  • Inequality and socio-economic rights
  • Rights defenders
  • Conclusion.
How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that - contributing to a global trend - it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China's human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
(source: Nielsen Book Data)9781509500727 20180129
Law Library (Crown)
Book
xxiv, 538 pages ; 25 cm
Law Library (Crown)
Book
ii, 139 pages ; 26 cm.
  • Basic situation of the implementation of China's constitution
  • Practical development of the supervision system for the implementation of China's constitution
  • Measures and suggestions for all-around implementation of China's constitution
  • Measures and suggestions for improving China's constitutional supervision system
  • Measures and suggestions for improving China's filing review system.
This report analyzes the operating mechanism of the constitutional enforcement and constitutional review system in China. From the perspective of comparative law, the implementation of the mechanism of constitutional review in China should not copy the experience in west countries, and the relevant departments and state organs should be comprehensively integrated to advance the supervision of the constitutional enforcement. This report also suggests the establishment of the Constitutional Council mechanism inside the NPC system. (Series: China Advanced Research and Analysis Series) [Subject: Constitutional Law, Comparative Law, Chinese Law].
(source: Nielsen Book Data)9781844645060 20180312
Law Library (Crown)
Book
xiv, 243 pages : illustrations ; 25 cm.
  • Introduction
  • Water governance in a changing world : China and beyond
  • China's water law and policy reform : how far have we travelled?
  • Alternative water governance mechanisms in China : examination of current practices
  • Initialising tradeable water rights
  • Designing tradeable water rights for China
  • Administering water rights and trading
  • Conclusion.
This book provides a first comprehensive legal examination of water rights arrangements and water rights trading in China. Although recent water reform in China has made substantial progress in policy development and practice, how its legal and institutional framework facilitates or hinders the application of tradable water rights remains less addressed in the existing scholarship. Against the backdrop of China's water reform and the wider international debate in water governance, this book aims to provide an innovative approach to the complex issue of water governance by critically analysing the recent legal and policy developments in China towards tradable water rights. It examines the deficiencies of the current systems for water rights arrangements and trading, explores how China may learn from and build on the international trends in water rights trading practice (mainly Australia and the US), and proposes legal and policy frameworks for defining and administering tradable water rights in China that underpin sustainable water use in the face of exacerbated water scarcity, variability, and uncertainty. All in all, the book proposes pragmatic strategies for China's water law and policy reform to move towards tradable water rights, which encompasses a comprehensive prescription from initialising and defining tradable water rights to administering water rights and trading. By reflecting on the deepening water reforms in both China and other jurisdictions, the book aims to contribute to the international water governance debate by exploring from a legal and policy perspective, how China, comparative to other cases around the world, can find a balanced combination of water allocation mechanisms to address its water challenges. It is hoped that the observations and proposed implications for China's water reform will contribute to developing a better understanding of the way in which experiences in water markets can be shared from jurisdiction to jurisdiction.
(source: Nielsen Book Data)9783319670850 20180312
Law Library (Crown)
Book
xv, 380 pages : illusrations, maps ; 26 cm.
Green Library
Book
xi, 204 pages ; 25 cm.
  • Introduction
  • The concept of "compliance"
  • The TRIPS Agreement : developing global rules for intellectual property protection
  • A framework for assessing compliance with the TRIPS Agreement
  • Implementing the TRIPS Agreement in China
  • Assessing the post-TRIPS intellectual property system in China in the short term : exploring the enforcement gap
  • Assessing the post-TRIPS intellectual property system in China in the long term : adapting to local conditions
  • Implications and conclusions.
Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China's compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China's substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments' economic interests support the greater enforcement of the IP laws.
(source: Nielsen Book Data)9789811030710 20180312
Law Library (Crown)
Book
xviii, 252 pages : illustrations ; 23 cm
  • 1. Authoritarian legality at work: workplace reform and China's urbanization-- 2. A theory of authoritarian legality-- 3. Fire alarms and fire fighters: institutional reforms legal mobilization at the Chinese workplace-- 4. By the book: legal mobilization as an educative process-- 5. Great expectations: the disparate effects of legal mobilization-- 6. The limits of authoritarian legality-- 7. Epilogue: requiem for the labor contract law?
  • (source: Nielsen Book Data)9781107444485 20171023
Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
(source: Nielsen Book Data)9781107444485 20171023
Green Library
Book
xviii, 252 pages : illustrations ; 24 cm
  • Authoritarian legality at work : the workplace and China's urbanization
  • A theory of authoritarian legality
  • Fire alarms and fire fighters : institutional reforms and legal mobilization at the Chinese workplace
  • By the book : learning and the law
  • Great expectations : the disparate effects of legal mobilization
  • The limits of authoritarian legality
  • Epilogue: Requiem for the labor contract law?
Can authoritarian regimes use democratic institutions to strengthen and solidify their rule? The Chinese government has legislated some of the most protective workplace laws in the world and opened up the judicial system to adjudicate workplace conflict, emboldening China's workers to use these laws. This book examines these patterns of legal mobilization, showing which workers are likely to avail themselves of these new protections and find them effective. Gallagher finds that workers with high levels of education are far more likely to claim these new rights and be satisfied with the results. However, many others, left disappointed with the large gap between law on the books and law in reality, reject the courtroom for the streets. Using workers' narratives, surveys, and case studies of protests, Gallagher argues that China's half-hearted attempt at rule of law construction undermines the stability of authoritarian rule. New workplace rights fuel workers' rising expectations, but a dysfunctional legal system drives many workers to more extreme options, including strikes, demonstrations and violence.
(source: Nielsen Book Data)9781107083776 20180129
Law Library (Crown)
Book
xi, 353 pages : illustrations ; 24 cm
  • Introduction: debating the consensuses Weitseng Chen-- Part I. Deconstructing the Beijing Consensus: 1. Dialogus de Beijing Michael W. Dowdle and Mariana Mota Prado-- 2. Imagining China: Brazil, labor and the limits of an anti-model Jedidiah Kroncke-- 3. The Beijing consensus and possible lessons from the 'Singapore Model'? Tan Cheng-Han-- Part II. Examining the Beijing Consensus in Context: 4. The legal maladies of 'federalism, Chinese-style' Wei Cui-- 5. Lessons from Chinese growth: re-thinking the role of property rights in development Frank K. Upham-- 6. Size matters? Renminbi internationalization and the Beijing consensus Weitseng Chen-- 7. A Chinese model for tax reforms in developing countries? Ji Li-- 8. The Chinese model for securities law Yingmao Tang-- Part III. Revisiting the Beijing Consensus: 9. Authoritarian justice in China: is there a 'Chinese Model'? Benjamin L. Liebman-- 10. China's striking anti-corruption adventure: a political journey towards the rule of law? Hualing Fu-- 11. Chinese corporate capitalism in comparative context Curtis J. Milhaupt.
  • (source: Nielsen Book Data)9781107138438 20170710
Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.
(source: Nielsen Book Data)9781107138438 20170710
Green Library
Book
xi, 353 pages : illustrations ; 24 cm
  • Introduction: Debating the consensuses / Weitseng Chen
  • Dialogus de Beijing consensus / Michael W. Dowdle and Mariana Mota Prado
  • Imagining China : Brazil, labor and the limits of an anti-model / Jedidiah Kroncke
  • The Beijing consensus and possible lessons from the "Singapore model"? / Tan Cheng-Han
  • The legal maladies of "federalism, Chinese-style" / Wei Cui
  • Lessons from Chinese growth : re-thinking the role of property rights in development / Frank K. Upham
  • Size matters? : renminbi internationalization and the Beijing consensus / Weitseng Chen
  • A Chinese model for tax reforms in developing countries? / Ji Li
  • The Chinese model for securities law / Yingmao Tang
  • Authoritarian justice in China : is there a "Chinese model"? / Benjamin L. Liebman
  • China's striking anti-corruption adventure : a political journey towards the rule of law? / Hualing Fu
  • Chinese corporate capitalism in comparative context / Curtis J. Milhaupt.
Is there a distinctive Chinese model for law and economic development? In The Beijing Consensus scholars turn their collective attention to answer this basic but seemingly under-explored question as China rises higher in its global standing. Advancing debates on alternative development programs, with a particular focus on social and political contexts, this book demonstrates that essentially, no model exists. Engaging in comparative studies, the contributors create a new set of benchmarks to evaluate the conventional wisdom that the Beijing Consensus challenges and that of the Beijing Consensus itself. Has China demonstrated that the best model is in fact no model at all? Overall, this title equips the reader with an understanding of the conclusions derived from China's experience in its legal and economic development in recent decades.
(source: Nielsen Book Data)9781107138438 20180219
Law Library (Crown)
Book
xxxviii, 506 pages ; 24 cm
  • Preface
  • History of chinese contract law / Chen Lei and Larry A. Dimatteo
  • General principles under the CCL / Shiyuan Han
  • General principles of Chinese contract law : an English common law perspective / Christian Twigg-Flesner
  • Good faith in contract performance in Chinese and common laws / Ewan McKendrick and Qaio Liu
  • General principles of Chinese contract law : a Scottish perspective / Martin Hogg
  • Liability prior to contract formation in Chinese contract law / Wei Shen
  • Pre-contractual liability from a civil lawyer's perspective / Barbara Passa
  • Pre-contractual liability through the looking glass of the common law / Alexander Loke
  • Prospect of validity in Chinese contract law / Yi Wang
  • Invalidity of contract in Chinese and English contract law / Mindy Chen-Wishart
  • Impossibility of performance and contract validity : a German law perspective / Lutz-Christian Wolff
  • Perspectives on Chinese contract law : performance and breach / Ding Chunyan
  • Anticipating breach, change of circumstances, and third party rights : a civil law perspective / Ulrich G. Schroeter
  • Chinese law of performance and breach : a common law perspective / James Devenney and Geraint Howells
  • Damages and specific performance in Chinese contract law / Lei Chen
  • Chinese contract law on remedies and damages : a civil law perspective / Michael Cannarsa
  • Debt instead of damages in the common law / Michael Bridge
  • The impact of UNIDROIT Principles of international commercial contracts on Chinese contract law : past, present and future / André Janssen and Samuel C. K. Chau
  • CCL and CISG : a comparative analysis of formation, performance, and breach / Larry A. Dimatteo and Jingen Wang.
This book is the product of a unique collaboration between Mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.
(source: Nielsen Book Data)9781107176324 20180219
Law Library (Crown)
Book
lxi, 840 pages ; 26 cm.
  • Introduction to insurance and China's insurance industry
  • The Chinese legal system and the insurance law
  • The regulation of insurance
  • Formation of an insurance contract
  • Terms of insurance contracts and construction
  • Premiums
  • Insurable interest
  • The insured's duty of disclosure and representation
  • The insurer's pre-contractual duty of good faith
  • Increase of risk during the isnurance period
  • Double insurance and contribution
  • Causation
  • Risk prevention and loss mitigation
  • The making of a claim
  • Settlement of claims
  • Fraudulent claims
  • Subrogation
  • Modification and rescission of insurance contracts
  • Life and accident insurance
  • Liability insurance
  • Motor vehicle insurance
  • Reinsurance
  • Marine insurance.
Chinese Insurance Contracts: Law and Practice is the first systematic text written in English on the law of insurance in China. This book offers a critical analysis of the major principles, doctrines and concepts of insurance contract law in China. At every point the analysis discusses the principles of the Insurance Law in detail, referring where appropriate to decided cases and also drawing attention to external influences. Readers are guided through the complexities of Chinese law in a clear and comprehensive fashion, and - significantly - in a manner that is accessible and meaningful for those used to a common law system. This book presents a comprehensive picture of Chinese insurance contract law, to facilitate a wider understanding of the relevant rules of law. Elements of insurance contract law are critically examined. In addition, this book presents rules of law on some special types of insurance contract, such as life insurance, property insurance, liability insurance, motor vehicle insurance, reinsurance, and marine insurance. The deficiencies and shortcomings of the law and practice will be identified and analysed; suggestions and recommendations on how to reform the law will be presented. Chinese Insurance Contracts also offers legal and practical advice to insurance professionals on how to draft clauses to avoid contractual pitfalls. It also uses cases to illustrate the difficulties which can arise in applying the principles in practice. This book will be essential reading for insurance companies and legal practitioners looking to do business in China, as well as reference for Chinese lawyers practising insurance law. It will also be a useful resource for students and academics studying Chinese law.
(source: Nielsen Book Data)9780415743280 20170327
Law Library (Crown)
Book
xii, 265 pages : color illustrations ; 25 cm
  • Introduction
  • The rise of fan activities and the tension with copyright protection in the digital environment
  • Fight with the dragon
  • A comparative examination of fan activities under current legal frameworks of the United States, China, and Japan
  • Conclusions and recommendations.
This book takes a unique approach to mitigate the problem of massive online copyright infringement and justify fan activities. It argues for a cooperative approach that encourages copyright owners to exert a degree of control over their fan creators. In contrast to the current approach, which treats fan utilizations as theft, this book suggests that the copyright owners and the lawmakers should instead distinguish between fan creators and commercial pirates, allowing them unleash their potential. This book offers a clear and comprehensive account of the fascinating aspects of legal problems created by fan activities in China, Japan and the United States, offering a valuable guide for students, practitioners, academics and entrepreneurs whose work involves or who are interested in cutting-edge legal issues in the creative industry. "Tianxiang He introduces us to the world of fandom inhabited by `fan-subbers', fan-dubbers', `mash-uppers', and `fan-fictionists' against the backdrop of copyright law and policy in China. His work is engaging in that it not merely describes the law, but also the political dimension where copyright and state media control converge into a reality where being an artist or a fan is not that straightforward." -- Prof. Anselm Kamperman Sanders, Institute for Globalization and International Regulation (IGIR), Faculty of Law, Maastricht University "The tension between copyright holders and fan communities has been increasingly salient yet underexplored. This timely, insightful and deeply engaging book not only fills a niche, but also covers a country that has been rarely examined in this context. The book advances a promising model for the two groups to cooperate. It also explores complex issues concerning political culture, media regulation and civic engagement in China. A must read for anybody interested in copyright law, cultural production, digital technology or Chinese information policy." -- Prof. Peter K. Yu, Professor of Law and Director, Center for Law and Intellectual Property, Texas A&M University School of Law.
(source: Nielsen Book Data)9789811065071 20180312
Law Library (Crown)