One Country Two Systems Three Legal Orders Perspectives of Evolution

Author: Jorge Oliveira
Publisher: Springer Science & Business Media
ISBN: 3540685723
Format: PDF, Kindle
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“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.

Interregional Recognition and Enforcement of Civil and Commercial Judgments

Author: Jie Huang
Publisher: Bloomsbury Publishing
ISBN: 1782253718
Format: PDF, ePub, Docs
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Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China?Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

Sub State Governance through Territorial Autonomy

Author: Markku Suksi
Publisher: Springer Science & Business Media
ISBN: 9783642200489
Format: PDF, ePub
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This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

European Legal Development

Author: John Bell
Publisher: Cambridge University Press
ISBN: 1107475627
Format: PDF, Docs
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Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.

Practising Self Government

Author: Yash Ghai
Publisher: Cambridge University Press
ISBN: 1107018587
Format: PDF, ePub, Mobi
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An examination of how the constitutional frameworks for autonomies around the world really work.

Political Autonomy and Divided Societies

Author: Alain-G Gagnon
Publisher: Springer
ISBN: 0230365329
Format: PDF, Kindle
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An all star cast of academic experts offer an important and timely analysis of the pursuit of autonomy. They argue that it is key to move beyond the primarily normative debate about the rights or wrongs of autonomous regions on the basis of cultural concerns, instead focusing on understanding what makes autonomy function successfully.

Successful transplanting of law is socially easy Diskutieren Sie diese Aussage Watsons

Author: Johannes Eichelsdörfer
Publisher: GRIN Verlag
ISBN: 3656270368
Format: PDF
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Studienarbeit aus dem Jahr 2012 im Fachbereich Jura - Sonstiges, Note: 1,3, Friedrich-Alexander-Universität Erlangen-Nürnberg, Sprache: Deutsch, Abstract: In dieser Proseminararbeit aus dem Bereich der Rechtsvergleichung im öffentlichen Recht werden Fragen des Rechtstransfers/ der Rechtstransplantate behandelt. Besonders wird auf die Relevanz gesellschaftlicher Aspekte für den Erfolg eines Rechtstransplantats eingegangen. Die Arbeit entwickelt ihre Ergebnisse ausgehend von Aussagen des Rechtsvergleichers Alan Watson (Legal Transplants: An Approach to Comparative law, Scottish Academic Press, Edinburgh 1974).