Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law PDF

Author: Matthieu Burnay

Publisher: Edward Elgar Publishing

Published: 2018-07-27

Total Pages: 336

ISBN-13: 1788112393

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This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Transnational Constitutionalism

Transnational Constitutionalism PDF

Author: Nicholas Tsagourias

Publisher: Cambridge University Press

Published: 2007-07-19

Total Pages: 348

ISBN-13: 113946468X

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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Immunities in the Age of Global Constitutionalism

Immunities in the Age of Global Constitutionalism PDF

Author: Anne Peters

Publisher: Martinus Nijhoff Publishers

Published: 2015-01-27

Total Pages: 378

ISBN-13: 9004251634

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The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’. Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance. Contains chapters in both English and French.

Constitutional Courts in Asia

Constitutional Courts in Asia PDF

Author: Albert H. Y. Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

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A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Hybrid Constitutionalism

Hybrid Constitutionalism PDF

Author: Eric C. Ip

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 301

ISBN-13: 110719492X

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Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.

Thinking Through Transition

Thinking Through Transition PDF

Author: Michal Kope?ek

Publisher: Central European University Press

Published: 2015-11-10

Total Pages: 608

ISBN-13: 9633860857

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This book is the first concentrated effort to explore the most recent chapter of East Central European past from the perspective of intellectual history. Post-socialism can be understood both as a period of scarcity and preponderance of ideas, the dramatic eclipsing of the dissident legacy?as well as the older political traditions?and the rise of technocratic and post-political governance. This book, grounded in empirical research sensitive to local contexts, proposes instead a history of adaptations, entanglements, and unintended consequences. In order to enable and invite comparison, the volume is structured around major domains of political thought, some of them generic (liberalism, conservatism, the Left), others (populism and politics of history) deemed typical for post-socialism. However, as shown by the authors, the generic often turns out to be heavily dependent on its immediate setting, and the typical resonates with processes that are anything but vernacular.

A Confucian Constitutional Order

A Confucian Constitutional Order PDF

Author: Jiang Qing

Publisher: Princeton University Press

Published: 2012-10-28

Total Pages: 267

ISBN-13: 1400844843

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What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.

Research Methods in International Law

Research Methods in International Law PDF

Author: Deplano, Rossana

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 544

ISBN-13: 1788972368

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This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.

The Future of East Asia

The Future of East Asia PDF

Author: Peter Hayes

Publisher: Springer

Published: 2017-12-04

Total Pages: 318

ISBN-13: 9811049777

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This book collects some of the most influential scholars in international relations who focus on Asia globally in exploring the challenges of diplomacy faced in Asia as US policy drastically changes. The president-elect has suggested policies which, if implemented, would radically transform the way that the region functions; what will this mean in practice? China's government is also retrenching nationalist positions; what is the future of China, and what does that mean for the region? A wide range of distinguished scholars, concerned about the future, have contributed their thoughts in an attempt to spark a global dialogue.