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Mo Zhang

Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted, and applied with Chinese characteristics.

The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.

Extradition Law

Reviewing Grounds for Refusal from the Classic Paradigm to Mutual Recognition and Beyond

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Miguel João Costa

In Extradition Law, Miguel João Costa offers not only an exhaustive review of this legal area and of transnational criminal law more generally, but also innovative solutions for their reform.
The book critically analyses numerous themes – from international cooperation in criminal matters to substantive criminal law and procedure, from human rights to nationality and refugee law, from public to private international law – at the national, European and global levels. Moreover, while it is a fundamentally normative study, it does not disregard the political and diplomatic dimensions of extradition either.
The result is a new model based on mutual respect, enabling States to increase cooporation whilst preserving the integrity of their own criminal justice values and enhancing the respect for human rights.

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Edited by Pavel Šturma

The Rome Statute of the ICC at its Twentieth Anniversary (Achievements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other law experts.

The International Criminal Court is the first universal international criminal tribunal. Though quite new, as the Rome Statute was adopted 20 years ago (1998) and only 16 years have passed since its entry into force, it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law.

Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.

The Future of International Competition Law Enforcement

An Assessment of the EU’s Cooperation Efforts

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Valerie Demedts

While forces of globalization have created a genuine global marketplace, global rules safeguarding the competitive process in this marketplace have not emerged. International cooperation among national regulators and enforcers is therefore needed to create a competitive global business-environment. The Future of International Competition Law Enforcement, using the variety of legal instruments available to the EU as a point of departure, undertakes an original assessment of the EU's cooperation agreements in the field of competition law The work’s focus is on the bilateral sphere, often labelled as a mere 'interim-solution' awaiting a global agreement; further attention is given to competition provisions in free trade agreements as well as the main multilateral initiatives in this field, in order to determine their relative value.

Regulating International Sport

Power, Authority and Legitimacy

Lloyd Freeburn

In a fresh and original account, Lloyd Freeburn challenges the conventional conception of contracts as the consent-based legal foundation of international sports law. The prevailing legal orthodoxy is shown to be untenable, failing to explain or justify international sports governing bodies’ regulatory power or their control over the livelihoods and liberty of participants in sport. The non-consensual jurisdiction of the Court of Arbitration for Sport is similarly tainted. But this significant challenge is not made simply to undermine international sport’s regulatory regime. A sound legal foundation for regulatory authority in sport is both desirable and necessary. Consequently, effective reform is urgently required to support the regime’s legality and to give it legitimacy by resolving the regime’s democratic deficit.

What is Market Manipulation?

An Analysis of the Concept in a European and Nordic Context

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Andri Fannar Bergþórsson

The Market Abuse Regulation (MAR) entered into force in 2016 within the European Union, which introduced a fully harmonized ban on market manipulation. Even though the regulation is quite detailed, the terms used to define market manipulation are relatively vague and open-ended. In What Is market manipulation? Dr. Andri Fannar Bergþórsson offers unique insight to and an interpretation of the concept of market manipulation, which includes an analysis of case law from the Nordic countries. The aim of the book is to clarify the concept as described in MAR and to provide readers some guidelines to distinguish between lawful behaviour and market manipulation (the unlawful behaviour). Bergþórsson convincingly argues that misinformation is an essential element of all forms of market manipulation.

La protection internationale du patrimoine culturel de la mer

Les compétences de l’État sur les biens culturels submerges

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Marine They

Since the 1980’s, States have been increasingly concerned with ensuring appropriate protection of underwater cultural heritage, endangered by anthropogenic activities reaching ever deeper ocean waters. The localisation of certain sites in the high seas has raised jurisdictional claims, sometimes grounded on an extension of connected factors (spatial and “extra-spatial”) already recognized in general international law and in the law of the sea, while other cases are based on hitherto purely factual links. But conventional and customary rules remain insufficient, either for a real delimitation of state’s competences or for regulating the exercise of jurisdiction once authorized in a certain sphere. In La protection internationale du patrimoine culturel de la mer, Marine They provides a details analysis of these critical issues.

Depuis les années 1980, les États se montrent de plus en plus soucieux d’assurer une protection adéquate au patrimoine culturel submergé en mer, menacé par les activités anthropiques jusque dans les grands fonds marins. La localisation de certains sites en haute mer a fait naître des revendications de compétence tantôt fondées sur l’extension des rattachements légaux (spatiaux et « extra-spatiaux ») reconnus par le droit international général et par le droit de la mer, tantôt sur des facteurs de rattachement jusqu’ici purement factuels. Insuffisantes aux fins de procéder à une véritable délimitation des compétences en la matière, les règles conventionnelles et coutumières le sont tout autant lorsqu’il s’agit d’encadrer l’exercice des fonctions étatiques dans une sphère de compétence déjà reconnue.

Edited by K. Zweigert and Ulrich Drobnig

This massive work represents the labour of hundreds of lawyers and scholars throughout the world. It is undoubtedly the most extensive and thorough examination of comparative law on the international level ever published. It incorporates not only detailed descriptions of the legal systems of more than 150 countries but, above all, thoroughly documented comparative analyses of the main issues in civil and commercial law and related issues world-wide. Consisting of 17 volumes in total, each volume is divided into 6-20 chapters written by relevant specialists. Rather than delaying publication until the volume is complete, every chapter is published on completion in paperback form. Once a year several of these chapters, not necessarily of the same volume, are sent to subscribers in single instalment. As soon as all the chapters in a given volume are ready, they are indexed, updated where necessary and sent to subscribers in high-quality hardback form. For an up-to-date list of published instalments, their contents, and prices, please contact brill@turpin-distribution.com

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Tomme Rosanne Young and Morten Walløe Tvedt

In Drafting Successful Access and Benefit-sharing Contracts, Young and Tvedt offer an insightful and profound analysis of how ABS can be made truly functional through the use of legally binding and enforceable contracts. Contracts are foreseen as the main legal tool for making access and benefit sharing work, thus realizing the third objective of the Convention on Biological Diversity. Many years have gone by since contracts were first suggested as a solution to resolve the challenges of ABS, but so far few successful benefit-sharing cases have been presented. This volume explores the possibilities and limits of contract law which both practitioners and stakeholders need in order for ABS contracts to become an effective solution for sustainable use of biological diversity.