|
Showing 1 - 9 of
9 matches in All Departments
This book offers a dynamic introduction to the new developments on
national security review of foreign direct investment (FDI) from
the perspectives of both domestic law and international investment
law. COVID-19 and the Russian invasion of Ukraine have intensified
FDI screening to an unprecedented scale, yet its purposes, scope,
and potential impact remain ambiguous and controversial. The work
first attests the legitimacy of FDI screening by using national
security constitutional theory. Part I explicates the national
security, public order and public health exceptions clauses in
international investment law, and the novel EU Regulation on FDI
screening. Part II provides an in-depth analysis of FDI screening
in China, France, Germany, Italy, the Netherlands, Poland, and the
UK, which have either witnessed momentous changes in domestic law
recently, or have adopted new laws to cope with the growing
security concerns. The book illustrates how States and the EU are
using legal instruments to tackle exigent and emerging challenges
and the complexity of national security emanated from foreign
investment, in the context of evolving disruptive digital
technologies and the structural change of the global economy. The
volume will be of great value to a wide range of audiences
including academics in investment and trade law, legal
practitioners, in-house counsels, policymakers, business
professionals and law and business students at the graduate level.
China has developed a piecemeal pattern of regulating foreign
investment since the end of 1970s. The latest law is the Foreign
Investment Law (FIL), which became effective on 1 January 2020. The
groundbreaking new FIL is well acknowledged for its promises and
affirmations pledged to investors, signalling China's eagerness to
improve its investment environment and regain momentum for
investment growth. This book provides an updated and holistic
understanding of the key features of the regulatory regime on
foreign investment in China with critical analysis of laws and
their implementation. It also examines sensitive and complex legal
issues relevant to foreign investment beyond the 2020 FIL and new
developments on foreign-related dispute settlement. The book uses
cases of success and failure to illustrate the nuances and
differences between law and practice regarding foreign investment.
Considering China's magnitude in the global economy and the weighty
role of the regulatory system on foreign investment in China, this
book is of great interest to a wide range of audience including
academics in the field of investment law, legal practitioners,
policymakers, and master's students in law and in management.
Administrative litigation systems are a rapidly developing legal
field in many countries. This book provides a comparative study of
the administrative litigation systems in China, Hong Kong, Taiwan
and Macao, as well as a number of selected European countries that
covers both states with an advanced rule of law and new
democracies. Despite the different historical backgrounds and the
broader context which has cultivated each individual system, this
collective work illustrates the common characteristics of the rapid
development of administrative litigation systems since the 1990s as
a consequence of the advancement of the rule of law at a global
level. All of the contributors have addressed a wide array of key
issues in their particular jurisdiction, including court
jurisdiction, the scope of judicial review, grounds of litigation
claims and mediation in judicial process. Whilst pointing out the
shortcomings and challenges which are faced by each jurisdiction,
the book offers both ideas and inspiration on how the systems can
learn from, and influence each other. This book is essential
reading for those studying Chinese law, administrative litigation
and comparative law, as well as judges and lawyers specialising in
administrative litigation, and administrative courts.
This comprehensive study examines the development and changing
characteristics of the judicial system and reform process over the
past three decades in China. As the role of courts in society has
increased so too has the amount of public complaints about the
judiciary. At the same time, political control over the judiciary
has retained its tight-grip. The shortcomings of the contemporary
system, such as institutional deficiencies, shocking cases of
injustice and cases of serious judicial corruption, are deemed
quite appalling by an international audience. Using a combination
of traditional modes of legal analysis, case studies, and empirical
research, this study reflects upon the complex progress that China
has made, and continues to make, towards the modernisation of its
judicial system. Li offers a better understanding on how the
judicial system has transformed and what challenges lay ahead for
further enhancement. This book is unique in providing both the
breadth of coverage and yet the substantive details of the most
fundamental as well as controversial subjects concerning the
operation of the courts in China.
This book provides an original and critical analysis of the most
contentious subjects being negotiated in the China-EU Comprehensive
Agreement on Investment (CAI). It focuses on the pathway of
reforming investor-state dispute settlement (ISDS) from both
Chinese and European perspectives in the context of the China-EU
CAI and beyond. The book is divided into three parts. Part I
examines key and controversial issues of the China-EU CAI
negotiations, including market access, sustainable development and
human rights, as well as comparing distinct features between the
China-EU CAI and the China-US BIT. Part II concentrates on the
institutional reform of investor-state arbitration with an
extensive analysis of the EU's approach to replacing the private
nature of investment arbitration with the public nature of an
investment court. Part III addresses the core substantive and
procedural issues concerning ISDS, such as the role of domestic
courts in investment dispute settlement, the status of state-owned
enterprises (SOEs) as investors, transparency and the protection of
victims in investment dispute resolution. This book will be of
interest to scholars and practitioners in the field of
international investment and trade law, particularly investment
dispute settlement.
This volume presents a comparison of the experiences of NGOs in
China and Europe. The chapters on China contain the most
comprehensive and up-to-date analysis of various types of NGOs
currently active in the country. The contributions on foreign NGOs
in China, non-governmental think tanks, public interest legal
organizations, labour related NGOs and charity organizations, are
the first in English to discuss successful experiences as well as
the difficulties they face in the post-Mao era. The European
studies draw examples from countries where the experiences of NGOs
are at various stages of development. The section on NGOs in
Central and Eastern Europe examines the rapid expansion of civil
society and their pivotal role in promoting political change and
building democracy in a transitional society, as well as the
challenges they confront in advancing a strong civil society. Those
chapters on NGOs' experiences in Western European countries,
especially in the Netherlands and the UK, provide insightful
information and examination of the most contentious issues
concerning NGOs' accountability, governance and relationship with
the government.
Administrative litigation systems are a rapidly developing legal
field in many countries. This book provides a comparative study of
the administrative litigation systems in China, Hong Kong, Taiwan
and Macao, as well as a number of selected European countries that
covers both states with an advanced rule of law and new
democracies. Despite the different historical backgrounds and the
broader context which has cultivated each individual system, this
collective work illustrates the common characteristics of the rapid
development of administrative litigation systems since the 1990s as
a consequence of the advancement of the rule of law at a global
level. All of the contributors have addressed a wide array of key
issues in their particular jurisdiction, including court
jurisdiction, the scope of judicial review, grounds of litigation
claims and mediation in judicial process. Whilst pointing out the
shortcomings and challenges which are faced by each jurisdiction,
the book offers both ideas and inspiration on how the systems can
learn from, and influence each other. This book is essential
reading for those studying Chinese law, administrative litigation
and comparative law, as well as judges and lawyers specialising in
administrative litigation, and administrative courts.
This volume presents a comparison of the experiences of NGOs in
China and Europe. The chapters on China contain the most
comprehensive and up-to-date analysis of various types of NGOs
currently active in the country. The contributions on foreign NGOs
in China, non-governmental think tanks, public interest legal
organizations, labour related NGOs and charity organizations, are
the first in English to discuss successful experiences as well as
the difficulties they face in the post-Mao era. The European
studies draw examples from countries where the experiences of NGOs
are at various stages of development. The section on NGOs in
Central and Eastern Europe examines the rapid expansion of civil
society and their pivotal role in promoting political change and
building democracy in a transitional society, as well as the
challenges they confront in advancing a strong civil society. Those
chapters on NGOs' experiences in Western European countries,
especially in the Netherlands and the UK, provide insightful
information and examination of the most contentious issues
concerning NGOs' accountability, governance and relationship with
the government.
This comprehensive study examines the development and changing
characteristics of the judicial system and reform process over the
past three decades in China. As the role of courts in society has
increased so too has the amount of public complaints about the
judiciary. At the same time, political control over the judiciary
has retained its tight-grip. The shortcomings of the contemporary
system, such as institutional deficiencies, shocking cases of
injustice and cases of serious judicial corruption, are deemed
quite appalling by an international audience. Using a combination
of traditional modes of legal analysis, case studies, and empirical
research, this study reflects upon the complex progress that China
has made, and continues to make, towards the modernisation of its
judicial system. Li offers a better understanding on how the
judicial system has transformed and what challenges lay ahead for
further enhancement. This book is unique in providing both the
breadth of coverage and yet the substantive details of the most
fundamental as well as controversial subjects concerning the
operation of the courts in China.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Brightside
The Lumineers
CD
R194
Discovery Miles 1 940
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
|