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The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what
The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial
Part I Proposition of Development Cost in China.- Chapter I Learning and Practice of Scientific Outlook on Development: Considering Maximization of Net Welfare as the Scientific Political Achievement View.- Chapter II Scientific Development of China in the Future: Inspiration of Chinese Dream to
A global future in the history of a single village After a decade away from her ancestral family village, during which she became a writer and literary scholar in Beijing, Liang Hong started visiting her rural hometown in landlocked Henan Province. What she found was an extended family riven by the
Equality in law between men and women in the European Community is an integral part of the EC's social policy and crucial to its economic and social cohesion. This encyclopaedia analyzes the legal framework for equal opportunities in Portugal which now exists in the Community due to the adoption of
Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two
In Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources
While Ellie's away, murder will play . . . Is the death of Ellie's son-in-law really the result of a burglary gone wrong? Ellie's absence abroad is disastrous for her daughter, Diana - when her husband is attacked by intruders and left for dead one night, it falls to Ellie's next-door neighbour,
In numerous civilizations throughout world history city walls were an indispensable part of every city. In China they can be traced back to the 21th century BC as fortified symbols of power and manifestation of the Middle Kingdom. In the course of the country's long history several thousand have
The Law of Hedge Funds covers all the relevant legal aspects involved, including choice of jurisdiction and vehicle, service providers, prime brokerage, fund directors, the regulatory environment in the UK, the EU and the USA, marketing in various different jurisdictions, taxation, employment and
In Wars of Law, Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one hundred fifty years.Fazal outlines three main arguments: early laws of war favored belligerents, but
This special issue of Studies in Law, Politics and Society contains two sections, focusing on the interaction between law and religion, together with the ways in which the law simultaneously enhances and inhibits projects of social
Robots are already being used in many areas of law enforcement, such as surveillance cameras and bomb disposal. As technology develops, one day robots might even replace human police officers. This book explores the technology used to create these amazing
Sir Terence Clark's The Salukis in my Life is part-memoir, part-travelogue, and explores in lively and unprecedented detail the history and significance of the Saluki across the world. Indigenous to the Arabian peninsula, the desert-bred Saluki has for centuries been revered, and remains as highly
Complicity in International Law aims to analyze questions arising from a state's complicity in conflict with another state or an international organization. On the basis of international legal provisions, a state that assists the illicit fact of another state or an international organization in
This volume offers a comprehensive and authoritative account of botanical knowledge in China from ancient times to the end of the seventeenth century. In this highly illustrated study, Georges M taili explores the perception and use of a wealth of plants and vegetation in China before the
With the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research and considers the common law tradition as well as the civil law
Gratian has long been called the Father of Canon Law. This latest volume in the ongoing History of Medieval Canon Law series covers the period from Gratian's initial teaching of canon law during the 1120s to just before the promulgation of the Decretals of Pope Gregory IX in 1234. Gratian's
In Aristotle and Law, George Duke argues that Aristotle's seemingly dispersed statements on law and legislation are unified by a commitment to law's status as an achievement of practical reason. This book provides a systematic exposition of the significance and coherence of Aristotle's account of
Now in its third edition, Construction Law by Julian Bailey is the definitive work of reference for construction law practitioners internationally. In three volumes, it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive
In this fascinating book Malcolm Evans describes in detail the ways in which the freedom of religious belief has been incorporated into the legislation of the countries of Europe. He goes on to examine the mechanisms by which this freedom is guaranteed, and a number of problematic cases that have
At the start of the twentieth century in China, the Hans were married in an elaborate ceremony before they were even born. While their future was arranged by their families, this couple had much to be grateful for. Not only did they come from similar backgrounds - and as such were recognized as a