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张生：Protection of Foreign Investment in China: The Foreign Investment Law and the Changing Landscape
China Foreign Foreign Investment
2023/8/9
雷速公司共建数据
China’s foreign investment law regime has experienced significant changes in recent years. A milestone came with the passing of the Foreign Investment Law (FIL) in 2019, replacing the laws and regulat...
Protection against Domestic Violence in Jordanian Law and International Conventions
Domestic Violence Jordan Law International Conventions
2016/3/25
Domestic violence is one of the most important
obstacles to the promotion and protection of human rights
in the regionally and globally, particularly given the nature
of this phenomenon and the ...
MIGHT STILL DISTORTS RIGHT: PERILS OF THE RULE OF LAW PROJECT
Government intervention civil servants lawyers scholars a think-tank ngos the United Nations the international network
2015/11/10
These days, when intervening governments, separately or in coalition, take over a country and reshape its governance, they say that their goal is the establishment of the rule of law. In this project,...
Revisiting the emergence of the rule of law in Russia
arbitrazh courts Russia rule of law corruption legal institutions
2015/9/22
In an extended comment on work by this paper’s authors, Gustafsson in a previous issue of this journal reaches scathing judgements on Russia’s arbitrazh (or commercial) courts and draws strong conclus...
Performance of Another's Obligation: French and English Law Contrasted
Law Contrasted French and English Law
2015/8/5
The "performance" of obligations by persons other than those who bear them, far from being exceptional, is an everyday occurrence under both the French and English systems of law. It is the purpose of...
The Many Realms of Chinese Labour Law. Theory and Implementation of PRC Labour Law Reform
Theory and Implementation Labour Law
2015/8/4
“Law, in particular its actual functioning in any given society, is above all a part of the culture of that society,”1 Jianfu Chen retorts. He articulates far better than many other Chinese students, ...
A Comparative Analysis of the Standard of Fraud Required Under the Fraud Rule in Letter of Credit Law
Fraud Rule Fraud Required
2015/8/4
The fraud rule allows the issuer of a letter of credit or a court to disrupt the payment of a letter of credit when fraud is involved. The raison d’etre of letters of credit is to provide an absolute ...
Duress and Undue Influence in English and German Contract Law: a comparative study on vitiating factors in common and civil law
civil law English and German Contract Law
2015/8/4
The notion of freedom of contract is the acknowledged basis of contract law in both the common law system of England as well as in the civil law system of Germany.3 Freedom of contract can be understo...
The German Act to Modernize the Law of Obligations in the Context of Common Principles and Structures of the Law of Obligations in Europe
Obligations Law
2015/8/4
The revision of January 1st, 2002, generally referred to as a reform, brought to an end endeavours which had begun as far back as the late 1970ies, when the then Minister of Justice of the Federal Rep...
Cross-Border Insolvency under English and German Law
English and German Law Cross-Border Insolvency
2015/8/4
The dramatic increase in international trade in modern times and the development of a global market place have inevitably led to a rise in the number, size and complexity of cross-border insolvencies....
The discipline ‘comparative law’ seems still to be distinguishing itself from lawmaking. In this paper I investigate theoretical reasons for this and propose a new type of concept of law, which should...
Constitutional review of foreign law in English and German courts A comparative study
Constitutional review foreign law
2015/8/4
A civil court hears a transnational dispute between private parties, which, according to the forum’s choice of law rules, is governed by a foreign lex causae. One party submits that it considers the f...
Codification of Private Law in Scotland: Observations by a Civil Lawyer
Civil Lawyer Private Law
2015/8/4
This article discusses, by reference to Scotland, the problems of codifying a mixed system of private law, presenting an outline of some parts in a draft civil code. A civil code must resolve divergen...
The codification of private law from the late eighteenth century onwards is regarded, very widely, as a turning point in the development of private law in Europe.1 Obviously, some of the more naive ex...
The Law on Gender Parity in Politics in France and New Caledonia: A Window into the Future or More of the Same?
Politic France and New Caledonia
2015/8/4
The political participation of women in France and European and Kanak1 women in New Caledonia2 has been brought into sharp focus by an amendment to the French Constitution in mid-1999 (allowing for th...