The Yearbook reviews significant legal developments in international commerce and offers an important forum for legal practitioners to address and compare practical legal issues of direct interest in their areas of specialisation. Each volume features a comprehensive range of articles written for and by leading practitioners and advisors working within the international business sector. Volume 19 contains sections on: banking and finance company law trading practices general commercial issues The company law section addresses subjects such as liquidation, shareholding, and directors' rights and liabilities. Topics covered by the material on general commercial issues include the shipping of goods, timeshare agreements, forfeiture of property, standardized contracts, and intellectual property.

The 2004 volume of the Comparative Law Yearbook of International Business contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of company law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of now technology into the competition law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights and the treatment received by such rights in Western society. Various areas of law also are looked at from a European point of view, such as the increase in American-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.

The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.

When the "fifth generation" of Communist Party leaders in China assumed top political positions in 2012-2013, they took the helm of a country that has achieved remarkable economic growth, political stability, and international influence. Yet China today confronts challenges at least as daunting as any it has faced since the reform era began in the late 1970s. In November 2013, the Chinese Communist Party's Central Committee announced ambitious reforms to address vital issues, such as giving market forces a "decisive role" in the economy, strengthening the social safety net, assigning greater weight to factors other than economic growth and social order in evaluating local officials, promoting urbanization, and relaxing the "one child" policy. China's Challenges brings together fourteen experts on China's social, economic, political, legal, and foreign affairs to examine some of the nation's pivotal policy issues. Their wide-ranging analyses cover economic and social inequality, internal migration and population control, imperatives to "rebalance" China's economy toward domestic demand and consumption, problems of official corruption, tensions between legal reform and social order, and the strained relationships with neighboring countries and the United States that stem from China's rising power, military modernization, enduring territorial disputes, and rising nationalism in domestic politics. This timely volume offers a broad and comprehensive look at the issues facing China today and lays the groundwork for understanding the shifts to come. How—and how well—China handles these challenges not only will define China's trajectory for years to come, but will have repercussions far beyond China's borders. Contributors: Yong Cai, Jacques deLisle, Jane Duckett, Andrew Erickson, M. Taylor Fravel, Avery Goldstein, Yasheng Huang, Zai Liang, Benjamin Liebman, Melanie Manion, Barry Naughton, Daniela Stockmann, Robert Sutter, Guohui Wang.

This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.

Juvenile justice has been and remains a topical issue at national and international levels. There are various standards and guidelines for administration, but six major models characterize juvenile justice systems worldwide: participatory, welfare, corporatism, modified justice, justice, and crime control. Juvenile Justice: International Perspectives, Models, and Trends presents contributions by authors from different countries in all five continents employing these six models. The book begins with a comprehensive overview of the topic and the various international standards and guidelines designed to inform juvenile justice practices. This introduction is followed by chapters on individual countries covered independently by resident experts, allowing readers to appreciate a range of comparisons and to critically reflect on the relative merits of the different models. Topics presented in each chapter include: The country’s history of juvenile justice The nature and status of delinquency Current legislation on juvenile justice How well the legislation complies with the Standard Minimum Rules of the Administration of Juvenile Justice as defined by the United Nations The type of juvenile justice model followed Age limits for male and female juvenile offenders Legal and social issues confronting juvenile offenders Current theoretical biases used to explain and justify response to delinquency Future issues, challenges, and/or initiatives Text boxes supply current and relevant examples to contextualize key issues and themes. Each chapter features discussion questions and helpful web links to facilitate further research. Presented in an unbiased manner, the book is a consolidated yet comprehensive overview of juvenile justice models and practices worldwide. It enables readers to compare the relative strengths and weaknesses of different juvenile justice models/systems and to evaluate all countries in light of the larger international phenomena of delinquency.

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.