Volume 1, Issue 2 (2013)
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1 EAST 494/HIST 478 Pre-Modern Chinese Society and Law WINTER
EAST 494/HIST 478 Pre-modern Chinese Society and Law WINTER 2021 DRAFT Instructor: Robin D.S. Yates Place: Online via Zoom Time: Friday 2:35-5:25 Office: Online Office Hours: TBD Email: [email protected] Course Description: This course examines the history of Chinese law and society from early pre-imperial to late imperial times. Course themes include the philosophical basis of Chinese legal institutions; the development of different forms of legislation; the practice of pre-modern Chinese law; social and political change and the law; and legal cases translated from primary sources. Some consideration may be given to military law and the transmission of Chinese law to Japan, Vietnam and Korea depending on student interest. Law was a primary means by which the pre-modern Chinese state and the elite maintained social control of the most populous country in the world and one of the principal means by which Confucian morality was disseminated to lower levels of the social hierarchy. At the same time, it was influenced by Buddhist beliefs and practices and by the customs of the many non-Chinese peoples who conquered China. In addition, many new legal documents and statutes have recently been excavated by archaeologists while others have been rediscovered by historians working in China’s voluminous and newly-opened archives. These newly discovered documents throw much light on the origins of Chinese law and its practice in later times. This course will therefore give students important insights into a long legal tradition and will reveal many dimensions of daily life and administrative practice not covered in other courses offered at McGill University. -
International Law Enforcement Cooperation in the Fisheries Sector: a Guide for Law Enforcement Practitioners
International Law Enforcement Cooperation in the Fisheries Sector: A Guide for Law Enforcement Practitioners FOREWORD Fisheries around the world have been suffering increasingly from illegal exploitation, which undermines the sustainability of marine living resources and threatens food security, as well as the economic, social and political stability of coastal states. The illegal exploitation of marine living resources includes not only fisheries crime, but also connected crimes to the fisheries sector, such as corruption, money laundering, fraud, human or drug trafficking. These crimes have been identified by INTERPOL and its partners as transnational in nature and involving organized criminal networks. Given the complexity of these crimes and the fact that they occur across the supply chains of several countries, international police cooperation and coordination between countries and agencies is absolutely essential to effectively tackle such illegal activities. As the world’s largest police organization, INTERPOL’s role is to foster international police cooperation and coordination, as well as to ensure that police around the world have access to the tools and services to effectively tackle these transnational crimes. More specifically, INTERPOL’s Environmental Security Programme (ENS) is dedicated to addressing environmental crime, such as fisheries crimes and associated crimes. Its mission is to assist our member countries in the effective enforcement of national, regional and international environmental law and treaties, creating coherent international law enforcement collaboration and enhancing investigative support of environmental crime cases. It is in this context, that ENS – Global Fisheries Enforcement team identified the need to develop a Guide to assist in the understanding of international law enforcement cooperation in the fisheries sector, especially following several transnational fisheries enforcement cases in which INTERPOL was involved. -
Brussels-Bruges Report 2008
INTERNATIONAL FORUM ON DIPLOMATIC TRAINING 36th Meeting of Deans and Directors of Diplomatic Academies and Institutes of International Relations College of Europe Brussels and Bruges 24 – 26 September 2008 The 36th Meeting of Deans and Directors returned to Europe with fond memories of the remarkable Meeting at Maputo in 2007. The co-chairs opened the meeting with renewed thanks and congratulations to the host institutions in Mozambique and South Africa. The College of Europe had organised a similarly innovative programme, commencing in the magnificent Egmont Palace in Brussels, and concluding in the calm beauty of the College in Bruges. In addition to being mounted in two centres, the programme offered for the first time the opportunity to pursue more than one theme, in a series of parallel workshops on current practical aspects of diplomacy. Paul Demaret, Rector of the College of Europe, welcomed Members to the meeting, observing that in troubled times it was more than ever the task of diplomacy to keep channels of communication open. The training of diplomats was central to that mission. Ambassador Jiři Gruša, Director of the Diplomatic Academy of Vienna, noted that diplomacy required an intimate alignment of expert knowledge and human skills, combining efficacy with ethics, economics with cultural awareness. Diplomatic academies harnessed old virtues – wisdom, balance, courage, moderation – to meet new challenges. The Forum had a special contribution to make, a global network of partners helping to forge common understanding and foster non-totalitarian mentality. Professor Casimir Yost brought greetings from one of the founding fathers of the Forum, Dean Peter Krogh, who on this occasion had shown once again strategic vision in putting domestic diplomacy ahead of international diplomacy. -
A New Chinese Economic Law Order? by Gregory Shaffer And
A New Chinese Economic Law Order? By Gregory Shaffer and Henry Gao China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and investment treaties. In this way, China could create a vast, Sino-centric, regional order in which the Chinese state plays a nodal role. This model reflects a component of China’s internal development in the 2000s, which supplements economic reform and opening up with infrastructure development. It starts with the financing of infrastructure as part of China’s Belt and Road Initiative, involving telecommunications networks, roads, airports, and ports, which Chinese companies build using Chinese standards. These projects enable China to export its excess capacity of steel, concrete, and other products. They also open new markets for Chinese products generally. China then complements this form of regional economic integration with a web of bilateral investment and free trade agreements that assure preferential access for Chinese goods, services, and capital. At the same time, it massively subsidizes technological innovation to reduce reliance on Western technology, while encouraging Chinese state-owned and private companies to acquire advanced technology abroad and luring Chinese scientists who study abroad to return to China. It implements these initiatives gradually to learn from trial and error, analogous to the country’s internal, pragmatic development model, reflected in the popular adage attributed to Deng Xiaoping — “crossing the river by feeling the stones.”1 But now, Chinese state-owned and private enterprises are internationalized and integrated within Sino-centric global production chains. -
Chapter 7 a New Chinese Economic Law Order?
Chapter 7 A New Chinese Economic Law Order? by Gregory Shaffer and Henry Gao Building from its success in taking on the United States and Europe in the WTO, China followed the United States and European Union in turning to bilateral and plurilateral trade and investment agreements. Yet, it did so with a new vision of placing itself at the center of the transnational legal ordering of trade, finance, and investment in Asia and beyond. Through webs of finance, trade, and investment initiatives involving memoranda of understanding, contracts, and trade and investment treaties, China is incrementally developing a new, decentralized model of economic governance.1 This model combines private and public international law in transnational legal ordering imbued with Chinese characteristics. It builds from existing Western models, but it repurposes them. It uses law to help manage the risks to its outbound investment and trade. In the process, China could create a vast, Sino-centric, regional order in which the Chinese state plays the nodal role. The Chinese model for international economic law reflects a component of China’s internal development in the 2000s, which supplemented economic reform and liberalization with state-led infrastructure development. The approach starts with the financing of infrastructure through Chinese state-owned banks as part of China’s Belt and Road Initiative, involving telecommunications networks, roads, airports, and ports, which Chinese companies construct using Chinese standards. These projects enable China to export its excess capacity of steel, concrete, and other products. They also open new markets for Chinese products generally. They are supported by private law contract and dispute resolution. -
Catalogue of Non-WTO Publications About WTO Issues
TABLE OF CONTENTS Publications in English ............................................................ page 1 Publications en Français ...................................................... page 175 Publicaciones en Español .................................................... page 192 Publicações em Português .................................................... page 201 Bucher auf Deutsch .............................................................. page 204 Libri in lingua Italiana .......................................................... page 207 Publications in Arabic ........................................................... page 208 Publications in Japanese ......................................................... page 211 Editors, Authors and Contributors .......................................... page 212 1 - Accession of the People's Republic of China to the World Trade Organization - Baseline of Commitments, Initial Implementation and Implications for the US-PR China Trade Relations and US Security Interests , by Terence Stewart (Lawyer), published by Transnational Publishers, 2002, ISBN 1-57105-285-2, 568 pages, CHF 170.- A report and selected annexes prepared for the US-China Security Review Commission by the Law Offices of Stewart and Stewart, containing introduction, baseline commitments undertaken by the PRC implementation of obligations: technical assistance available from the WTO and individual nations to help the PRC fully implement its obligations and periodic reviews, current status of PRC compliance, other aspects -
Bibliography of Academic Writings in the Field of Chinese Law in Western Languages in 2019
Bibliography of Academic Writings in 2019, ZChinR 2020 Bibliography of Academic Writings in the Field of Chinese Law in Western Languages in 2019 Knut Benjamin Pißler / Benjamin Julius Groth / Arthur Helwich / SUN Lingjing 1 This bibliography aims at providing an overview of jour- IV. Judicial System, Practice and Procedure, Civil Pro- nal articles, edited books and monographs on Chinese law cedure (Gerichtsverfassung, allgemeines Prozess- published in English and German.2 The structure of the recht und Zivilprozess) bibliography follows the classification scheme of the leading V. Criminal Law and Criminal Procedure (Strafrecht German law bibliography “Karlsruher Juristische Bibliogra- und Strafverfahren) phie”.3 VI. Theory of the State, Sociology, Politics (Staats- und Classification Scheme Gesellschaftslehre, Politik) I. Law and Jurisprudence (Recht und Rechtswis- VII. Public Law and Constitutional Law (Staats- und senschaft) Verfassungsrecht) II. Legal and Constitutional History (Rechts- und Ver- VIII. Administrative Law (Allgemeines Verwal- fassungsgeschichte) tungsrecht) III. Private Law (Privatrecht) IX. Administrative Law – Individual Branches (Beson- deres Verwaltungsrecht) 1. In General (Allgemein) X. Economic Law (Wirtschaftsrecht) 2. General Part of the Civil Code (Allgemeiner Teil des Zivilrechts) XI. Traffic Laws (Verkehrsrecht) 3. Law of Obligations (Schuldrecht) XII. Financial Laws and Taxation (Finanz- und Steuer- 4. Law of Property (Sachenrecht) recht) 5. Family Law (Familienrecht) XIII. Labor Law (Arbeitsrecht) 6. Law -
May 2009 May 2009
May 2009 May 2009 SUMMARY SUMMARY I. INTRODUCTION: A GENERAL PERSPECTIVE 2 I. INTRODUCTION: A GENERAL PERSPECTIVE 2 II. BULGARIA IN THE EUROPEAN UNION: THE CHALLENGE OF II. BULGARIA IN THE EUROPEAN UNION: THE CHALLENGE OF RESPONSIBILITY 9 RESPONSIBILITY 9 II.1. BULGARIA IN THE EUROPEAN UNION: The road towards accession II.1. BULGARIA IN THE EUROPEAN UNION: The road towards accession II.2. JUSTICE AND HOME AFFAIRS: The heart of the crisis II.2. JUSTICE AND HOME AFFAIRS: The heart of the crisis II.3. THE WEAKNESS OF THE BULGARIAN ADMINISTRATION: Overcoming the II.3. THE WEAKNESS OF THE BULGARIAN ADMINISTRATION: Overcoming the lack of administrative capacity lack of administrative capacity III. THE EUROPEAN UNION AND BULGARIA: A TEST FOR EUROPEAN III. THE EUROPEAN UNION AND BULGARIA: A TEST FOR EUROPEAN SOLIDARITY 55 SOLIDARITY 55 III.1. THE SUSPENSION OF EU FUNDS TO BULGARIA: An unprecedented III.1. THE SUSPENSION OF EU FUNDS TO BULGARIA: An unprecedented decision decision III.2. THE MISMANAGEMENT OF EU FUNDS: To preserve European solidarity III.2. THE MISMANAGEMENT OF EU FUNDS: To preserve European solidarity III.3. ECONOMIC AND SOCIAL REFORMS: Achieving European living standards III.3. ECONOMIC AND SOCIAL REFORMS: Achieving European living standards IV. BUILDING A DYNAMIC PARTNERSHIP 77 IV. BUILDING A DYNAMIC PARTNERSHIP 77 IV.1. STRENGHTENING DIALOGUE: Enhanced cooperation between the European IV.1. STRENGHTENING DIALOGUE: Enhanced cooperation between the European Commission, Member States and the Bulgarian government Commission, Member States and the Bulgarian government IV.2. BULGARIA IN THE EU: Setting up a national European agenda IV.2. -
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International Comparative Jurisprudence 2020 Volume 6 Issue 2 ISSN 2351-6674 (online) DOI: http://dx.doi.org/10.13165/j.icj.2020.12.008 THE PAST AND PRESENT OF MYANMAR (BURMESE) PATENT LAW Kenneth Granle Jr.1 Mitchell Hamline School of Law, USA E-mail: [email protected] Received: 10 April 2020; accepted: 1 October 2020 DOI: http://dx.doi.org/10.13165/j.icj.2020.12.008 Abstract. In recent years, Myanmar has taken its place on the world stage, causing both disquiet and uncertainty in the international community in terms of its policies relating to various legal and political matters. This former kingdom with its long and impressive history, and comprising many different ethnic groups, has experienced long periods of occupation and colonial rule, the most recent being as a British colony prior to independence in 1948. Today, despite having a democratically elected government, Myanmar continues to live under the shadow of the former military dictatorship which ruled the country from 1962 to 2011. Many aspects of its legal system have recently come under scrutiny, including its policies towards intellectual property rights. This paper explores the history of patent law in Myanmar, making the connection with the country’s turbulent past, as well as offering a glimpse of what may be a possible future regarding patent protection. It will also examine the international treaties and organizations to which Myanmar is a signatory, and its recognition of foreign patents. There will be some discussion of patent rights in neighbouring countries and other intellectual property protections. Keywords: Myanmar, patent, intellectual property, Southeast Asia Introduction Shrouded in secrecy, Myanmar remained hidden from the outside world until relatively recently. -
Chapter 7 a New Chinese Economic Law Order? by Gregory Shaffer and Henry Gao China Is Incrementally Developing a New, Decentrali
Chapter 7 A New Chinese Economic Law Order? By Gregory Shaffer and Henry Gao China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and investment treaties. In this way, China could create a vast, Sino-centric, regional order in which the Chinese state plays a nodal role. This model mirrors China’s internal development strategy. It starts with the financing of infrastructure as part of China’s Belt and Road Initiative, involving telecommunications networks, roads, airports, and ports, which Chinese companies build using Chinese standards. These projects enable China to export its excess capacity of steel, concrete, and other products. They also open new markets for Chinese products generally. China then complements this form of regional economic integration with a web of bilateral investment and free trade agreements that assure preferential access for Chinese goods, services, and capital. At the same time, it massively subsidizes technological innovation to reduce reliance on Western technology, while encouraging Chinese state-owned and private companies to acquire advanced technology abroad and while luring Chinese scientists who study abroad to return to China. It implements these initiatives gradually to learn from trial and error, analogous to the country’s internal, infrastructure-led, pragmatic, development model, reflected in the popular adage attributed to Deng Xiaoping — “crossing the river by feeling the stones.”1 But now, Chinese state-owned and private enterprises are internationalized and integrated within Sino-centric global production chains. While the WTO was highly successful in its first decade as a multilateral trade organization, it began to face difficulties in its second one. -
A New Chinese Economic Law Order?
Legal Studies Research Paper Series No. 2019-21 A New Chinese Economic Order? Gregory Shaffer [email protected] University of California, Irvine ~ School of Law Henry Gao [email protected] Singapore Management University ~ School of Law The paper can be downloaded free of charge from SSRN at: Electronic copy available at: https://ssrn.com/abstract=3370452 A New Chinese Economic Order? By Gregory Shaffer* and Henry Gao** (Journal of International Economic Law, 2020) China is incrementally developing a new, pragmatic, decentralized model of economic governance through a web of finance, trade, and investment initiatives involving memoranda of understanding, contracts, and trade and investment treaties. 1 It combines private and public international law in transnational legal ordering imbued with Chinese characteristics. It builds from existing Western models, but it repurposes them. It uses law to help manage the risks to its outbound investment and trade. In the process, China could create a vast, Sino-centric, regional order in which the Chinese state plays the nodal role. This article explains how. The Chinese model for international economic law reflects a component of China’s internal development in the 2000s, which supplemented economic reform and liberalization with state-led infrastructure development. The approach starts with the financing of infrastructure through Chinese state-owned banks as part of China’s Belt and Road Initiative, involving telecommunications networks, roads, airports, and ports, which Chinese companies construct using Chinese standards. These projects enable China to export its excess capacity of steel, concrete, and other products. They also open new markets for Chinese products generally. They are supported by private law contract and dispute resolution. -
1 the Belt and Road Initiative Agreements
The Belt and Road Initiative Agreements: Characteristics, Rationale and Challenges Heng Wang World Trade Review, Volume 20, Issue 2 (May 2021, forthcoming) Abstract: The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but as one that repurposes soft law characteristics for project development rather than rule development. BRI primary agreements feature the unique characteristics of (i) minimal legalization, (ii) a coordinated, project-based nature, and (iii) hub-and-spoke network structure. While BRI primary agreements benefit from the advantages of soft law (e.g., reduced contracting costs, flexibility), they face challenges including those concerning underlying interests and their effectiveness. Key Words: BRI agreements, soft law, Belt and Road Initiative, legalization, network, challenges 1. Introduction ........................................................................................................................ 2 2. The typology of BRI agreements ......................................................................................