This thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government. Taking an interdisciplinary approach, Katja Levy and Knut Benjamin Pissler offer a comprehensive overview of the contemporary legal and political frameworks within which Chinese charitable foundations operate, as well as an assessment of their historical and traditional contexts. They re-evaluate the existing literature on China's civil society, and provide a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives. This incisive book will be invaluable reading for scholars researching the third sector in China, as well as practitioners working in this sector. Scholars and students of contemporary Chinese law, politics and society will also find its insights useful.

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.

Fraud examination is a specialized methodology for resolving allegations of wrongdoing. The author states that traditional auditing techniques are insufficient for uncovering fraud in business and government, and offers an alternative approach. Fraud examination consists of specialized knowledge from four fields: accounting and auditing, investigation, law, and criminology. Each of these fields are covered in detail as they relate to fraud and white-collar crime, thereby increasing the knowledge necessary to fight the ever-increasing fraud problem. The professional interested in uncovering or documenting fraud must not only know how to discover it in the books and records. He or she must know how to recognize fraud symptoms; how to obtain evidence, take statements and write reports; to testify to findings; and to assist in the prevention and detection of fraud.

According to most authorities, fraud in business and government is at an all-time high. The responsibilities of the auditor and accountant to detect and deter fraud and white-collar crime are increasing, and yet they catch few frauds before devastating losses occur. In the view of Joseph T. Wells, this is because accountants and auditors wrongfully assume fraud can be detected and prevented through traditional audit techniques. Instead, the author suggests that auditors, accountants, and loss prevention professionals must find a new approach. Fraud examination is defined as the skills necessary to resolve allegations of fraud from inception to disposition; to obtain evidence, take statements and write reports; to testify to findings; and to assist in the detection and prevention of fraud. Fraud examination consists of specialized knowledge from four fields: accounting and auditing, investigation, law, and criminology.

The book begins with a section on criminology, which explains the various theories of why some persons commit crimes and others do not. A special emphasis is given to the theories of the white-collar offender. The next section, law, gives the reader a broad knowledge of the courts, how they operate, and the various procedures for proving fraud matters. It also details the various criminal and civil statutes by which fraud offenders are punished. The third section, auditing, provides the reader with specific techniques to examine books and records for fraudulent activity. Net worth analysis, a methodology for proving ill-gotten gains, is explored in detail. The final section, investigation, provides techniques on how best to obtain information through interview methods. It also covers confidential sources of information, as well as writing reports in fraud-related cases. This book is specifically designed for the person who not only wants to know about fraud, but what to do with it in the event it is suspected.

This book collects the contributions to a conference of a group of young Polish and German public law scholars on the Constitutional Law of the European Union. The articles present a multi-faceted examination of unity and its realization in the primary and constitutional law of the EU, an analysis of EU constitutional structure in the face of diversity, and the independence of EU law from international common law, among other topics.

This book creates a user-friendly, accessible guide to the complex area of sanctions law. In particular, the book examines how sanctions restrictions work in practice, and what the implications are for multinational businesses operating across numerous sanctions regimes. To this extent, the book considers the interrelationship between sanctions at the supranational and national levels, including the impact of the far-reaching US sanctions regime. The book's aim is not to provide an exhaustive list of sanctions regulations, but rather a framework for engaging with the relevant legislation and the main issues arising therefrom. Reinforcing this practical and commercially-focused approach, each chapter is written in a format that enables easy reading and rapid assimilation. Where there are relevant materials, be they legislative or case-law, these are outlined at the start of each chapter. In addition, the chapters dealing with challenges to sanctions designations each include a section with key principles, providing the clearest possible treatment of the subject.

Charles Covell considers the political thought of Thomas Hobbes in relation to the tradition of international law, and with the intention to challenge the reading of Hobbes as the exponent of the realist standpoint in international thought and practice. The relation of Hobbes to international law is explained through attention to the place that he occupies among the modern secular natural law thinkers, such as Grotius, Pufendorf, Wolff and Vattel, who founded the modern system of the law of nations.

"Never again" stands as one the central pledges of the international community following the end of the Second World War, upon full realization of the massive scale of the Nazi extermination programme. Genocide stands as an intolerable assault on a sense of common humanity embodied in the Universal Declaration of Human Rights and other fundamental international instruments, including the Convention on the Prevention and Punishment of the Crime of Genocide and the United Nations Charter. And yet, since the Second World War, the international community has proven incapable of effectively preventing the occurrence of more genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is genocide actually preventable, or is "ever again" a more accurate catchphrase to capture the reality of this phenomenon? The essays in this volume explore the complex nature of genocide and the relative promise of various avenues identified by the international community to attempt to put a definitive end to its occurrence. Essays focus on a conceptualization of genocide as a social and political phenomenon, on the identification of key actors (Governments, international institutions, the media, civil society, individuals), and on an exploration of the relative promise of different means to prevent genocide (criminal accountability, civil disobedience, shaming, intervention).

This book examines in detail both historical and current legal concepts of religious cultural heritage within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance."" In view of this, the study provides evidence of the European States active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism.

Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter.

The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the "sui generis" nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of sacredness expressed in the form of its religious character, the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs."

Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each year's volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
Featured in the 2008 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following:
* Department of Justice position on trial and conviction within the U.S. of the son of former Liberian president Charles Taylor, for torture (Chapter 3, "International Criminal Law").
* The U.S.-Libya Claims Settlement Agreement, including the Libyan Claims Resolution Act (enacted August 4, 2008) (Chapter 8, "International Claims and State Responsibility").
* Recognition of Kosovo as a sovereign state and establishment of diplomatic relations with Kosovo (Chapter 9, "Diplomatic Relations, Succession, and Continuity of States").
* Decisions in arbitration regarding the softwood lumber dispute with Canada (Chapter 11, "Trade, Commercial Relations, Investment, and Transportation").
* Statements and speeches of U.S. officials on climate change made at international climate change conferences (Chapter 13, "Environment and Other Transnational Scientific Issues").
* Executive Orders imposing sanctions on Burma, Syria, and Zimbabwe (Chapter 16, "Sanctions").
* U.S. positions on the Israeli-Palestinian conflict as well as peace efforts in Lebanon, Somalia, and Sudan (Chapter 17, "International Conflict Resolution and Avoidance").
* U.S. statements on the Russia-Georgia conflict and other instances of international armed conflict (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on discussions of a possible Protocol to the Convention on Conventional Weapons relating to cluster munitions, and U.S. opposition to a separate Convention on Cluster Munitions (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. federal court decisions on current and former Guantanamo detainees (Boumediene v. Bush, Parhat v. Gates, Gates v. Bismullah, Rasul v. Myers, and In re Guantanamo Bay Detainee Litigation (pertaining to enemy combatant status of Uighur detainees)), military commissions (United States v.Hamdan), detainees held in the United States (Al-Marri v. Pucciarelli), and detainees held by the Multinational Force in Iraq (Munaf v. Geren) (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* UN Security Council Resolution and U.S. position on piracy in Somalia (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on nuclear nonproliferation-related issues, including issues relating to North Korea, Iran, Syria, Russia, and India (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").

International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties' primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties' bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.

This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of "legally relevant damage" and its importance in overcoming the deadlock created by the category of "pure economic loss" in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness ("Rechtswidrigkeit"), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects' freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. The Treaty Series, where treaties are published in the chronological order of registration, also provides details about their subsequent history (i.e., participation in a treaty, reservations, amendments, termination, etc.). Comprehensive Indices covering 50-volume-lots are published separately. A Standing Order service is available for the Series and out-of-print volumes are available on microfiche.

Provides a systematic comparison of legal scholars' views and governments' practice regarding the occasions for, criteria for, and effects of recognition. It traces the evolution from the 19th century practice basing recognition mainly on effective rule to more frequent use of additional criteria in the interwar and early Cold War, to the reassertion of the primacy of effective rule since 1970 and places it in the context of contemporaneous changes in world politics.

Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.

International copyright and related rights take on an ever more important role. These areas are known for their complexity but in this excellent addition to legal science, Jorgen Blomqvist simplifies the essence of these areas. The book provides a complete Primer to these areas and it is written as a narrative that draws the reader into the topic. One becomes attracted to its complexities and their implications. This book is essential reading for all of hose that never thought of becoming copyright aficionados.' - Paul Torremans, Professor of Intellectual Property Law, University of Nottingham, UKThis Primer offers a concise yet wide-ranging introduction to the international norms on copyright and related rights. Expertly written, it describes and analyzes the relevant conventions, treaties and agreements, from the 1886 Berne Convention through to the 2013 Marrakesh VIP Treaty. - Unique insight from the author's experience serving as Director of the Copyright Law Division at WIPO. - Presents the international norms in their historical context, and explains rationales behind the rules and relations among them. - Thematically organized discussion facilitates the reader's understanding of the numerous and partly overlapping treaties. - Approaches the topic from the perspective of tackling complex issues in practice. - Balanced discussion of both copyright and related rights. - Guides the reader to the more specialized commentaries for issues requiring further in-depth research. A must-have introduction for scholars and students who need to develop their understanding of copyright and related rights in an international context, and for practitioners and government officials who require a starting point for researching and resolving complex issues. Contents: Preface Part I: Introduction and the General Framework 1. Introduction 2. An Historical Overview of the Instruments 3. Implementation of International Agreements in National Law 4. The Relations Among the International Instruments 5. The Points of Attachment 6. Conflicts of Laws and Choice of Law Part II The Protection Granted Under the International Instruments 7. National Treatment 8. Most Favoured Nation Clause 9. Formality Requirements 10. The Object of Protection 11. Beneficiaries of the Protection 12. The Right of Reproduction 13. Translation and Adaptation Rights 14. The Rights of Distribution, Importation, Rental and Lending 15. The Resale Right 16. Public Performance, Broadcasting, Communication to the Public and Interactive Making Available to the Public 17. Moral Rights 18. Limitations and Exceptions 19. The Term of Protection Part III Enforcement, Dispute Resolution and Final Provisions 20. Technological Protection Measures and Rights Management Information 21. Enforcement 22. Settlement of Disputes 23. Application in Time 24. Administrative Provisions Index

This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

This text draws together contributions of leading international legal scholars respecting major themes of the future of international law in the 21st century. The papers have been collected in honour of the late Professor Kenneth R. Simmonds, former Director of the British Institute of International and Comparative Law and Professor of Law at Queen Mary and Westfield College, University of London. The book is divided into three parts: public international law; international dispute resolution; and European and other regional integration, which constitute the important themes and currents in contemporary international law. The sections also represent the areas that were of personal interest to Professor Simmonds and in which he was a leading contributor until his death.

This book calls upon us to rethink and reboot the European Union. The authors dissect the EU's many vulnerabilities: how some Member States are backsliding on the rule of law, freedom of the press, and control of corruption - and how globalization's 'discontents' are threatening the liberal international order. It examines the need for a common immigration policy; the need to rethink the unsustainable debt overhang of some Eurozone countries; and the need to use education to foster a European identity. Given the sum total of these vulnerabilities, the book argues, the EU may not survive beyond 2025 in its present form - that is, unless decisive action is taken. In turn, the book puts forward a number of workable solutions: a European economic model to secure full employment; a stronger European Court of Human Rights to counter systemic violations; a points-based immigration policy; clear exit options for the Eurozone; and an Open Education Area with a common second language. These solutions may reduce the number of EU countries, but would increase cohesion and overall survivability.

This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problematique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.