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Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts - Common Law V. Chinese Law

Insight Into China Through Comparative Law Analysis of Invisible Factors and Contexts - Common Law V. Chinese Law
Author: Dr Vivek Jain
Publisher: Notion Press
Total Pages: 334
Release: 2019-06-28
Genre: Law
ISBN: 9781645877431

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In times of global uncertainty and trade war, this book can fulfill the gap in existing knowledge about China... China, the economic powerhouse, is on the mind of many in the 21st century due to projects such as Belt & Road Initiative (BRI) and probably the dispute resolution system for projects under BRI. This is probably the first book in the world that has analysed the law in action in the Chinese courts with civil justice process in the background. In any jurisdiction, the civil justice system is run by judges, and therefore, the understanding of the thought process of Chinese judges become very important. The thought process of Chinese judges is dependent on the legal history, current political philosophy, evolution of legal jurisprudence, evolution of law and various norms and customs, evolution of the concept of justice and procedural fairness, a concept of discretionary power of the judges and even their willingness to exercise those powers, civil procedure law and its practice and so forth. The above factors are the invisible factors and contexts that are compared with similar invisible factors and contexts from a more widespread Common Law via Comparative Law Methodology. The concepts from civil law jurisdictions are also brought in the analysis at times to get a clear essence. Many stakeholders focus on the hardware of the legal system, but it's the software of the legal system that makes all the difference for substantive and procedural justice. In any jurisdiction, a civil justice system is a mirror image of any society. This book can even shed light on the Chinese society, its legal system, legal history, culture and philosophy and how it compares with the contemporaneous societies within the other common law jurisdictions.


Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China)

Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China)
Author: Vivek Jain
Publisher: Taylor & Francis
Total Pages: 486
Release: 2022-05-30
Genre: Law
ISBN: 1000579719

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Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.


Digital and Social Media Marketing

Digital and Social Media Marketing
Author: Nripendra P. Rana
Publisher: Springer Nature
Total Pages: 337
Release: 2019-11-11
Genre: Business & Economics
ISBN: 3030243745

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This book examines issues and implications of digital and social media marketing for emerging markets. These markets necessitate substantial adaptations of developed theories and approaches employed in the Western world. The book investigates problems specific to emerging markets, while identifying new theoretical constructs and practical applications of digital marketing. It addresses topics such as electronic word of mouth (eWOM), demographic differences in digital marketing, mobile marketing, search engine advertising, among others. A radical increase in both temporal and geographical reach is empowering consumers to exert influence on brands, products, and services. Information and Communication Technologies (ICTs) and digital media are having a significant impact on the way people communicate and fulfil their socio-economic, emotional and material needs. These technologies are also being harnessed by businesses for various purposes including distribution and selling of goods, retailing of consumer services, customer relationship management, and influencing consumer behaviour by employing digital marketing practices. This book considers this, as it examines the practice and research related to digital and social media marketing.


China’s Grand Strategy

China’s Grand Strategy
Author: Andrew Scobell
Publisher: Rand Corporation
Total Pages: 155
Release: 2020-07-27
Genre: History
ISBN: 1977404200

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To explore what extended competition between the United States and China might entail out to 2050, the authors of this report identified and characterized China’s grand strategy, analyzed its component national strategies (diplomacy, economics, science and technology, and military affairs), and assessed how successful China might be at implementing these over the next three decades.


Is International Law International?

Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 433
Release: 2017
Genre: Law
ISBN: 0190696419

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This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.


Methods of Comparative Law

Methods of Comparative Law
Author: P. G. Monateri
Publisher: Edward Elgar Publishing
Total Pages: 339
Release: 2012-01-01
Genre: Law
ISBN: 1781005117

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Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.


Comparative Law Methodology

Comparative Law Methodology
Author: Maurice Adams
Publisher:
Total Pages: 0
Release: 2017
Genre: Comparative law
ISBN: 9781785363665

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This important two-volume collection draws together the most significant and instructive articles relating to comparative law methodology and offers vast and comprehensive coverage of practices, principles, methods and sources in comparative legal research. The first volume deals with preliminary considerations such as the aims of research and the questions one should ask, as well as how to select objects for comparison and formulate a research plan. The second volume focuses on the comparative research of regulation, description, and explanation, along with discussion on functionalism, quantitative approaches, translation issues, legal transplants and global challenges. Together with an original introduction by the editors that frames the articles and helps the reader to navigate them successfully, this collection offers a balanced body of seminal research which will benefit legal scholars, students, and all who are undertaking, or seeking to evaluate, comparative legal research.


Introducing Intercultural Communication

Introducing Intercultural Communication
Author: Shuang Liu
Publisher: SAGE
Total Pages: 330
Release: 2010-11-09
Genre: Business & Economics
ISBN: 1446259544

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Books on intercultural communication are rarely written with an intercultural readership in mind. In contrast, this multinational team of authors has put together an introduction to communicating across cultures that uses examples and case studies from around the world. The book further covers essential new topics, including international conflict, social networking, migration, and the effects technology and mass media play in the globalization of communication. Written to be accessible for international students too, this text situates communication theory in a truly global perspective. Each chapter brings to life the links between theory and practice and between the global and the local, introducing key theories and their practical applications. Along the way, you will be supported with first-rate learning resources, including: • theory corners with concise, boxed-out digests of key theoretical concepts • case illustrations putting the main points of each chapter into context • learning objectives, discussion questions, key terms and further reading framing each chapter and stimulating further discussion • a companion website containing resources for instructors, including multiple choice questions, presentation slides, exercises and activities, and teaching notes. This book will not merely guide you to success in your studies, but will teach you to become a more critical consumer of information and understand the influence of your own culture on how you view yourself and others.