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Maritime Law In China

Author: Johanna Hjalmarsson
Publisher: Routledge
ISBN: 1317210514
Size: 55.11 MB
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The Chinese maritime and shipping market has been expanding enormously in recent times as its commercial capacity to perform shipping, ship building, banking and insurance activities grows and the role of the State as guarantor of commerce is gradually reduced. This book provides a detailed guide to current Chinese maritime law, written by an expert team of contributors and systematically covering key areas such as carriage of goods by sea, international trade, vessels and seafarers and maritime liabilities. The authors explore cutting-edge issues within each topic, and analyse current trends in law reform. The book will be of interest to academics researching commercial and maritime law, as well as maritime law practitioners and shipping industry professionals working with aspects of Chinese maritime practice.

Insurance Law Implications Of Delay In Maritime Transport

Author: Aysegul Bugra
Publisher: Taylor & Francis
ISBN: 1134833792
Size: 76.97 MB
Format: PDF, Kindle
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Delay in a marine adventure is an important and frequent phenomenon of maritime transport as it affects various parties and their interests. Insurance Law Implications of Delay in Maritime Transport is the first single book to deal specifically with this issue in the context of insurance law. The book?addresses the losses and expenses that may arise from delay or loss of time in maritime transport, the types of insurance available covering or excluding losses arising from it and the impact of delay on voyage policies. The author, Ay?egül Bu?ra, critically examines and evaluates the scope of several different types of marine insurance policies, including but not limited to: hull and machinery, cargo, freight, loss of hire and marine delay in start-up insurance. Furthermore, the book analyses the current law by tracing back the relevant common law authorities to the 18th century and examines the wordings used in practice from that time to today with a comprehensive and critical approach. This unique text will be of great interest to legal practitioners, shipping professionals and academics alike.

Online Arbitration

Author: Faye Fangfei Wang
Publisher: Taylor & Francis
ISBN: 1317233638
Size: 71.59 MB
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Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.

China S Influence On Non Trade Concerns In International Economic Law

Author: Paolo Davide Farah
Publisher: Taylor & Francis
ISBN: 1317167201
Size: 20.77 MB
Format: PDF
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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

Jurisdiction And Forum Selection In International Maritime Law

Author: Robert Force
Publisher: Kluwer Law International
ISBN: 904112330X
Size: 20.83 MB
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Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.

The Contentious Public Sphere

Author: Ya-Wen Lei
Publisher: Princeton University Press
ISBN: 1400887941
Size: 48.92 MB
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Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen? In The Contentious Public Sphere, Ya-Wen Lei shows how the Chinese state drew on law, the media, and the Internet to further an authoritarian project of modernization, but in so doing, inadvertently created a nationwide public sphere in China—one the state must now endeavor to control. Lei examines the influence this unruly sphere has had on Chinese politics and the ways that the state has responded. Using interviews, newspaper articles, online texts, official documents, and national surveys, Lei shows that the development of the public sphere in China has provided an unprecedented forum for citizens to influence the public agenda, demand accountability from the government, and organize around the concepts of law and rights. She demonstrates how citizens came to understand themselves as legal subjects, how legal and media professionals began to collaborate in unexpected ways, and how existing conditions of political and economic fragmentation created unintended opportunities for political critique, particularly with the rise of the Internet. The emergence of this public sphere—and its uncertain future—is a pressing issue with important implications for the political prospects of the Chinese people. Investigating how individuals learn to use public discourse to influence politics, The Contentious Public Sphere offers new possibilities for thinking about the transformation of state-society relations.

The World In 2020 According To China

Author: Shao Binhong
Publisher: BRILL
ISBN: 9004273913
Size: 33.33 MB
Format: PDF
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This volume will be divided into four sections: Chinese Diplomacy, International Strategies, World and China Economy, and Sino-US Relations. In an era when China is rapidly undergoing transitions and reformations, it provides scholars in the English-speaking world with a window to understand the important perspectives of the Chinese academia.

Law Of The Sea

Author: Jill Barrett
Publisher:
ISBN: 9781905221523
Size: 14.65 MB
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The United Nations Convention on the Law of the Sea (UNCLOS) now has nearly 170 States parties and is still attracting new ones. Often described as the "Constitution of the Sea," it sets the legal framework for all matters concerning the world's oceans. This book provides original thinking on a broad range of issues relating to maritime delimitation, including: exploiting the outer continental shelf; emerging international energy issues at sea; the relationship between climate change and law of the sea; protecting human security and the marine environment; China's approach to UNCLOS; and the settlement of disputes for States and the European Union. The book analyzes the fundamental nature of UNCLOS and concludes that it may now be characterized as a "living treaty" due to its capacity to adapt to new realities. It goes on to assess just how alive UNCLOS is, in the sense of its quality of life or vitality, and how well-equipped it is to meet the challenges of the future. The contributors are leading specialists in the law of the sea. They include scholars of international law and geology, legal practitioners, government practitioners, and a former ITLOS judge. This book will be an important asset for all readers interested in contemporary developments in the law of the sea. *** (from the Foreword) "The papers in this volume [are] prepared by a very distinguished group of the most expert, and most perceptive, commentators on the contemporary law of the sea ...The insight that each of them brings to the peculiar strengths and weaknesses of UNCLOS as an expression of, and vehicle for, international co-operation and co-ordination makes this a volume of exceptional interest and importance." --Professor Vaughan Lowe QC [Subject: Maritime Law, Law of the Sea]

Chinese Law In Imperial Eyes

Author: Li Chen
Publisher: Columbia University Press
ISBN: 0231540213
Size: 68.90 MB
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How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.

Insurance Law In China

Author: Johanna Hjalmarsson
Publisher: CRC Press
ISBN: 1317665201
Size: 65.85 MB
Format: PDF, Mobi
View: 1881
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The Chinese insurance market is expanding enormously as risk adversity takes hold in the economy while the role of the State as guarantor of commerce is gradually reduced. In addition, insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. The book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. The combined effect of the papers is to present Chinese insurance law to an audience unfamiliar with Chinese law, in a readable and accessible essay chapter format. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.