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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
This book (hardcover) is part of the TREDITION CLASSICS. It contains classical literature works from over two thousand years. Most of these titles have been out of print and off the bookstore shelves for decades. The book series is intended to preserve the cultural legacy and to promote the timeless works of classical literature. Readers of a TREDITION CLASSICS book support the mission to save many of the amazing works of world literature from oblivion. With this series, tredition intends to make thousands of international literature classics available in printed format again - worldwide.
Step inside a real-life, missing person investigation in this compelling, true crime must-read. Uncover what happened to missing estate agent Suzy Lamplugh, as David Videcette takes you on a quest to unpick her mysterious disappearance and scrutinise the shadowy 'Mr Kipper'. One overcast Monday in July 1986, 25-year-old estate agent Suzy Lamplugh vanished whilst showing a smart London property to a mysterious 'Mr Kipper'. Despite the baffling case dominating the news and one of the largest missing persons cases ever mounted, police failed to find a shred of evidence establishing what had happened to her. Sixteen years later, following a second investigation and under pressure from Suzy's desperate parents, police named convicted rapist and murderer John Cannan as their prime suspect. However, the Crown Prosecution Service refused to charge him, citing a lack of evidence. High-profile searches were conducted, yet Suzy's body was never found. The trail that might lead investigators to her, long since lost. Haunted by another missing person case, investigator and former Scotland Yard detective, David Videcette, has spent five years painstakingly reinvestigating Suzy's cold case disappearance. Through a series of incredible new witness interviews and fresh groundbreaking analysis, he uncovers piece by piece what happened to Suzy and why the case was never solved.
Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.
Cardozo examines the meaning of justice, the science of values and
the relationship between individual and society. Originally
published: New York: Columbia University Press, 1928. v, 142 pp.
Contemporary Issues in Mediation (CIIM) Volume 6 builds on the success of the past five volumes as testament to a growing interest of authors and readers in the wide variety of issues that arise with mediation. Readers stand to benefit from a diverse range of topics especially selected for their high quality of research and novelty that cannot be replicated elsewhere. With the recent ratification of the Singapore Convention on Mediation in 2020, there is no doubt that mediation is and will continue to be extremely pertinent in the world of dispute resolution. The COVID-19 situation and evolution of technology has also heralded a new era of cross-border and domestic online dispute resolution. Edited by Singapore's leading expert on mediation and negotiation, Professor Joel Lee, and former Chief Executive Officer of the Singapore International Mediation Institute (SIMI), Marcus Lim, CIIM is a unique and valuable addition to the growing body of mediation and dispute resolution literature.
Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.
This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE's operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE's and is also be covered in this book. The book also aims to analyse the "SCE phenomenon" which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.
The first book of legal advice for the hip hop generation, Covering areas ranging from how to secure the best public defender to what to do when driving DWB, this is a step-by-step guide to the criminal system for those who need it most written by a criminal defense attorney who knows this world from the inside out. A counterpoint to the Law and Order justice the public sees and believes in. This is the real criminal justice system, as told from someone inside, someone fights it ever day. This is not a manual for how to get off, how to be a better criminal. It is proof that the system will eat you up and spit you out if you dare to become involved or think you can beat it. Raw Law authoritatively addresses the legal issues faced by the hip hop generation, and offers a simple guide on how to avoid certain situations and how to learn and respond to others. Here readers will learn the truths and untruths of the justice system and how they can protect themselves from the worst of it. But most of all, they will learn how to follow the first rule of the criminal justice system: AVOID IT AT ALL COSTS.
The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.
Technology has had a prevalent impact on nearly all social domains, one being the judicial system. Advancements such as computer-generated demonstrations and electronic filing can enhance presentations and give a clearer, well-organized case.""E-Justice: Using Information Communication Technologies in the Court System"" presents the most relevant experiences and best practices concerning the use and impact of ICTs in the courtroom. This groundbreaking title draws upon the leading academic and practicing perspectives from around the globe to provide academics and professionals throughout the legal system with the most comprehensive overview of present developments in e-justice.
The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.
The next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership-James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University-forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors' research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you've inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that-in addition to people, profit, and the planet-prepared leadership should be the fourth "P" in a company's bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises-and for whatever lies around the corner.
Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. The Lauterpacht Centre for International Law at Cambridge University is named in his honor. "Dr. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law. The learned author deprecates the rejection of this mode of reasoning, and develops the thesis that in the great majority of cases its employment has had a beneficial influence on the development of international law. It seems to us that Article 38 (3) of the Statute of the Permanent Court of International Justice, by adopting 'general principles of law recognized by civilized states' as ancillary sources of law for use by the Court, made Dr. Lauterpacht's view not only correct but also inevitable. A book of this kind was bound to come sooner or later, and it is satisfactory that it has been written by one who is an expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929) 322.
This book provides international readers with basic knowledge of Chinese civil procedure and succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws. The book begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure. The book also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving Foreign Elements of 28 October 2010, which entered into force on 1 April 2011. CHEN Weizuo is Director of the Research Centre for Private International Law and Comparative Law at Tsinghua University's School of Law in Beijing. He has a Doctor of Laws degree from Wuhan University, China; an LL.M. and doctor iuris, Universit t des Saarlandes, Germany; professeur invit la Facult internationale de droit compar de Strasbourg, France (since 2003); professeur invit l'Universit de Strasbourg, France. He has published extensively on the international laws and his publications have appeared both in and outside China. He has taught a special course in French at the Hague Academy of International Law during its 2012 summer session of private international law. |
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