Tensions between China and Taiwan are not likely to abate in the foreseeable future. The question of Taiwan's sovereignty is the major point of friction, and the continuing impasse between China and Taiwan is worrisome. Zagoria presents perspectives from Washington, Beijing, and Taipei on cross-strait tensions, exploring ways to break the current standoff. Tensions between China and Taiwan are not likely to abate in the foreseeable future. The question of Taiwan's sovereignty is the major point of friction, and the continuing impasse between China and Taiwan is worrisome. Should critical political negotiations falter, relations are likely to take on stronger military overtones, and the PRC may well develop a sense of urgency about Taiwan drifting towards independence.

These, at least, are the broad conclusions drawn from the ongoing dialogues among top U.S., Chinese, and Taiwanese figures, sponsored by the National Committee on American Foreign Policy. This Track II project provides a forum for top policy analysts from each country to discuss trilateral relations in a frank and constructive manner, and is an effort to explore means of peacefully resolving the current impasse. Among the more significant findings is that the more serious risks of conflict will probably occur in the distant future, hinging on whether economic integration can gradually lead to a reduction of political tensions, and that the United States should continue to oppose any declaration of independence by Taiwan and any use of force by China.

Juvenile Justice Systems outlines options for shaping the juvenile liability models, in the form of model-patterns: the welfare model, the justice model, the rehabilitative treatment model, the restorative justice model, and different mixed models, especially the so-called "4xD formula." This comparative work consists of 4 parts, describing the general issues of juvenile criminal liability and characterizing three mixed models: the Polish, the Brazilian and the Portuguese. The comparison of three systems severely influenced by welfare ideas is seen as an innovative element of the presented work. The critical, theoretical analysis contributes to the reflection on the modelling of juvenile justice systems. Therefore, it may be of particular interest to legal researchers and practitioners.

David Long traces the cause of the 1975 constitutional crisis to the influence of English legal positivism, a theory which isolates the meaning from the political scheme the text was framed to support. He shows the fundamental premise of a Constitution, framed in Convention, ratified by the people that cannot be altered without their consent, the consent of the governed. Legal positivism was adopted by the High Court in 1920 when it abolished the federal scheme and therewith the sovereign States. The responsible judge had opposed federalism at the 1897 Convention. Long examines two juristic opinions that excused the Governor-General's 1975 unprecedented dismissal of a government with the confidence of the House of Representatives. He identifies their reliance on legal positivist constitutional interpretations that are expressly rejected by the Founders. Long provides a theoretical defense of the Founders original understanding as the object of constitutional construction.

Comparative legal history is generally understood to involve the comparison of legal systems in different countries. This is an experiment in a different kind of comparison. The legal world of the first Elizabethans is separated from that of today by nearly half a millennium. But the past is not a wholly different country. The common law is still, in an organic sense, the same common law as it was in Tudor times and Parliament is legally the same Parliament. The concerns of Tudor lawyers turn out to resonate with those of the present and this book concentrates on three of them: access to justice, in terms of both cost and public awareness; the respective roles of common law and legislation; and the means of protecting the rule of law through the courts. Central to the story is the development of judicial review in the time of Elizabeth I.

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system. With its particular historical background since the chaotic post-revolutionary period and current specific mechanisms, French constitutional law offers a fascinating object of study for anyone interested in public law and the broader area of comparative constitutional studies. This textbook will equip students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and affect other areas of law and politics. It offers a critical account of the 1958 Constitution's past, present and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms. Given the growing expansion of this branch of law in the French legal system (in particular the case law on the priority preliminary rulings on the issue of constitutionality) and the growing relevance of comparative legal studies, the book will make a significant contribution to the knowledge exchange in teaching and learning. Principles of French Constitutional Law will be structured around the following main themes: (i) The bases of French constitutional law with theoretical developments about key notions of constitutional law such as the state, the constitution, as well as historical background of French constitutional law (ii) The Fifth Republic of France with coverage of the main powers, namely executive, legislative and judiciary with particular emphasis on constitutional review and justice and (iii) A practical part on legal education dealing with the emergence of French constitutional law as an academic subject of research and teaching, as well as with the method of teaching as illustrated by typical legal exercises.

This book examines the extent to which Brexit has impacted upon the operation of the British constitution, prompting in turn consideration of how some of the factors which contributed towards the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates to have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which is to be found in part two. Part two centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

This collection, edited by a leading authority, presents key literature published in the last 30 years discussing the topic of whistleblowing law. The papers analyze the contours of the field, including perspectives from which to examine whistleblower laws, the issues arising in the implementation of these laws and the character of global whistleblower laws. These seminal works also provide an introduction to a number of disputed issues and an examination of two areas of recent interest, including national security whistleblowers and financial incentives. Along with an original introduction by the editor, this two-volume set will be an invaluable source of reference for students, academics and practitioners interested in this area.

This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.

This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science - paradigm, paradigm-shift, puzzle-solving research and incommensurability - the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit compare, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

This book arises from a research project funded in Australia by the Criminology Research Council. The topic, bail reform, has attracted attention from criminologists and law reformers over many years. In the USA, a reform movement has argued that risk analysis and pre-trial services should replace the bail bond system (the state of California may introduce this system in 2020). In the United Kingdom, Europe and Australia, there have been concerns about tough bail laws that have contributed to a rise in imprisonment rates. The approach in this book is distinctive. The inter-disciplinary authors include criminologists, an academic lawyer and a forensic psychologist together with qualitative researchers with backgrounds in sociology and anthropology. The book advances a policy argument through presenting descriptive statistics, interviews with practitioners and detailed accounts of bail applications and their outcomes. There is discussion of methodological issues throughout the book, including the challenges of obtaining data from the courts.

In this book, distinguished international law scholar Dimitris Liakopoulous explores the legal consequences of complicity in international relations. Consequences of Complicity will examine the profiles inherent to damages due to the injured party. In this regard it will move from the observation that the conduct of an accomplice gives rise to a crime distinct from the main one. The text then evaluates how damages must be divided between the party of the main fact and that of illegal action. Section II will approach the problem of configuring countermeasures against complicit nations, whether in the case of ordinary tort or when the violation concerns imperative norms of general international law.

This book analyses cases of judicial avoidance: what happens when courts leave some or all of the merits of a case undecided? It explores examples of justiciability assessments and deferential approaches regarding the decision of another authority and examines legitimacy issues involving judicial avoidance. The reader is presented with answers to two fundamental questions that guide the development of the book: - Is it legitimate to practise judicial avoidance? - How could judicial avoidance be practised legitimately? The conflict of competences, which often emerges in instances of judicial avoidance, is an important book baseline. From this conflict, the book considers and defends the possibility of applying ‘formal balancing’ to provide a clearer structure of the exercise of justiciability and judicial deference. The ‘formal balancing’ methodology is based on Alexy’s principles theory, and its connection with judicial avoidance represents a significant contribution and novel point in constitutional adjudication.

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies.
Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense.
Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment.
Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment.
Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

This book provides a vital and original investigation into, and critique of, the situation facing the realisation of the child's right to play. The right to play has been referred to as a forgotten right - forgotten by States implementing the Convention on the Rights of the Child, by the Committee on the Rights of the Child in monitoring and providing guidance on the Convention, and by human rights academics. Through multidisciplinary, original archival, novel doctrinal and primary empirical research, the work provides a thorough investigation of the right to play. It offers an innovative insight into its value, the challenges facing the realisation of the right, its raison d'etre and its scope, content and obligations. It also critiques the Committee's engagement with the right to play and shares lived experiences of efforts to support its implementation in the United Kingdom and Tanzania. The book highlights elements of best practice, challenges and weaknesses, and makes recommendations for its continued and improved realisation. The book will be a valuable resource for researchers, academics, advocates and policy-makers working in the areas of Children's Rights, International Human Rights Law, Public International Law, Child Welfare and Education.

This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a comprehensive theoretical introduction, offer a range of valuable insights even if they also show that the

Etwa seit Ende der sechziger Jahre wird auf internationaler Ebene eine lebhafte Diskussion über eine Krise des strafrechtlichen Sanktionensystems geführt. Einhergehend mit dem bereits in den späten siebziger Jahren erkennbaren Bemühen um eine stärkere Opferorientierung im Strafrecht hat die Thematik des Täter-Opfer-Ausgleichs und der Schadenswiedergutmachung gerade in den letzten Jahren neue Aktualität gewonnen. Der Gesetzgeber hat dem 1994 durch den neu eingefügten § 46 a StGB Rechnung getragen. Nach einem Überblick über die Entstehungsgeschichte der Norm untersucht die Abhandlung die mit der Auslegung und Anwendung des § 46 a StGB verbundenen Probleme und die Rezeption der Vorschrift in der Rechtsprechung. Der Verfasser gelangt zu dem Ergebnis, daß die derzeitige Gesetzesfassung, insbesondere im Hinblick auf die Anwendungsrelevanz der Norm, der Modifizierung bedarf. Er stellt einen eigenen Reformvorschlag für § 46 a StGB de lege ferenda zur Diskussion.

This incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection. Sarah Brown traces the development of the consumer credit relationship on both sides of the Atlantic, analysing the underlying rationale and policy themes that continue to inform the shaping of the regulatory agenda. The author compares the ways in which the consumer credit relationship is now managed, including supervisory frameworks and the roles of regulators, and provides new perspectives on current arguments in credit consumer protection. Important topical issues such as unfairness, over-indebtedness, predatory lending, vulnerability and questions of responsibility are addressed, before concluding with a recommendation for the best way forward based on a balance of interests. Researchers and students aiming to understand the processes and broader aspects of consumer credit regulation will find this book invaluable, particularly those with an interest in comparative analysis in this context. It will also prove useful to US and UK policy-makers considering future approaches and reform, as well as practitioners interested in frameworks of consumer credit protection.

This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

This book critically analyses how the law has facilitated, or hindered, the recognition of same-sex family formations in Ireland, and how it might be reformed to provide greater parental rights for same-sex couples. The book covers four key issues facing same-sex couples: - Civil partnerships: the first chapter analyses the pragmatic and symbolic effects of registered civil partnership, and compares Ireland's decision to discontinue this alternative form of relationship recognition with the UK's recent move towards extending civil partnership laws. - Cohabitation: chapter 2 assesses whether the cohabitation model introduced in Ireland might be effective in other jurisdictions where there are calls for cohabitation law reform. - Marriage equality: chapter 3 explores the initial move to prohibit marriage equality in Ireland, and critiques the subsequent route towards the 2015 referendum, with comparison to the more recent move towards marriage equality in Australia. - Parental rights: the fourth chapter focuses on the legal position of same-sex couples who are parenting children born via Assisted Reproductive Techniques (ARTs), such as donor-assisted human reproduction and surrogacy. In particular, it explores shortcomings in the existing legislation and proposes a viable method of regulating these ARTs via future legislation, partly based on models in operation elsewhere. The book concludes by assessing the impact, or lack thereof, of the European Convention on Human Rights on same-sex relationship recognition, same-sex parenting, and marriage equality, in order to determine whether it could promote increased legal recognition for same-sex families in Ireland.

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.

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'etre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.