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Books > Law > International law > General
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.
Atrocity. Genocide. War crime. Crime Against Humanity. Such
atrocity labels have been popularized among international lawmakers
but with little insight offered into how and when these terms are
applied and to what effect. What constitutes an event to be termed
a genocide or war crime and what role does this play in the
application of legal proceedings? Markus P. Beham, through an
interdisciplinary and comparative approach, unpicks these terms to
uncover their historical genesis and their implications for
international criminal law initiatives concerned with atrocity. The
book uniquely compares four specific case studies: Belgian colonial
exploitation of the Congo, atrocities committed against the Herero
and Nama in German South-West Africa, the Armenian genocide and the
man-made Ukrainian famine of the 1930s. Encompassing international
law, legal history, and discourse analysis, the concept of
'atrocity labelling' is used to capture the meaning underlying the
work of international lawyers and prosecutors, historians and
sociologists, agenda setters and policy makers.
This innovative Research Handbook explores recent developments at
the intersection of international law, sociology and social theory.
In doing so, it highlights anew the potential contribution of
sociological methods and theories to the study of international
law, and illustrates their use in the examination of contemporary
problems of practical interest to international lawyers. The
diverse body of expert contributors discuss a wide range of
methodologies and approaches - including those inspired by the
giants of twentieth century social thought, as well as emergent
strands such as computational linguistics, performance theory and
economic sociology. With chapters exploring topical areas including
the globalization of law, economic globalization, property rights,
global governance, international legal counsel, social networks,
and anthropology, the Research Handbook presents a number of paths
for future research in international legal scholarship. Full of
original insight, this interdisciplinary Research Handbook will be
essential reading for academics and scholars in international law
and sociology, as well as postgraduate students. Lawyers practicing
in international law will also find this a stimulating read.
Contributors include: W. Alschner, F.M. Bohnenberger, R. Buchanan,
K. Byers, S. Cho, D. Desai, S. Dothan, J.L. Dunoff, S. Frerichs,
B.G. Garth, M. Hirsch, R. James, C. Joerges, N. Lamp, A. Lang, M.R.
Madsen, K. Mansveld, G. Messenger, M.A. Pollack, S. Puig, G.A.
Sarfaty, D. Schneiderman, W.G. Werner
Europe has reached a crisis point, with the call for
self-determination and more autonomy stronger than it ever has
been. In this book, renowned international lawyers give a detailed
account of the present state of international law regarding
self-determination and autonomy. Autonomy and Self-Determination
offers readers both an overview of the status quo of legal
discussions on the topic and an identification of the most
important elements of discussion that could direct future legal
developments in this field. This is done through the examination of
key issues in abstract and in relation to specific cases such as
Catalonia, Italy and Scotland. The book extends past a simple
assessment of issues of autonomy and self-determination according
to a traditional legal viewpoint, and rather argues that utopian
international law ideas are the breeding ground for norms and legal
institutions of the future. This insightful book will be an
invaluable read for international lawyers and political science
scholars. It provides a clear, yet detailed, analysis of the issues
Europe is facing regarding autonomy and self-determination in the
face of historical context, also making it a useful tool for
European history scholars. Contributors include: X. Arzoz, A.
Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R.
Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D.
Turp
This is the first systematic study of the Stimson Doctrine of
Nonrecognition as applied to Lithuania and the other Baltic States.
The book blends political history, U.S. public policy formulation
and implementation, and international law to present a complete
picture of the development of the Nonrecognition Policy since the
Soviet occupation of Lithuania in 1940. The book presents the
strengths and practical weaknesses of the policy in the context of
diplomacy and international relations, as well as the difficulties
encountered by Washington in preserving it. Vitas argues that the
Nonrecognition Policy has been an effective one in terms of the
goals and intentions of the Roosevelt and subsequent
administrations.
Following the introduction, the book covers the prelude to
occupation and the incorporation of Lithuania into the USSR. The
next chapter covers the Stimson Doctrine, nonrecognition, and
aspects of international law. The fourth chapter focuses on the
genesis of the U.S. Nonrecognition Policy. Chapter five covers the
political and legal effects of Nonrecognition and offers a detailed
look at the status of the Lithuanian government during this period.
Next, the book covers the wartime politics and discusses the Baltic
and implications for US-USSR relations. After several case studies
that feature the postwar Baltic repatriation and the Simas Kudirka
Incident, the concluding chapter looks at Lithuanian diplomatic
continuity and its political future in the 1990s. This book should
be of interest to academics engaged in research in international
law, public policy, and Soviet-East European studies.
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