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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.

The Practice of Independent Accountability Mechanisms (IAMs)

Towards Good Governance in Development Finance

Edited by Owen McIntyre and Suresh Nanwani

Jelena Madir

In Sanctions Regimes of Multilateral Development Banks: What Process is Due, Jelena Madir examines the type of due process rights that should characterise sanctions regimes of multilateral development banks (MDBs). By benchmarking against comparable regimes, including the jurisprudence of the European Court of Human Rights and administrative tribunals of international organisations, the author analyses the extent to which MDBs’ sanctions regimes should be bound by the rules of law, analogous to those of national judicial bodies, and the level of due process and transparency that should be required from these ever-evolving regimes that are generally immune from judicial review.

The book should be of use to scholars, practicing lawyers and legal advisers in government and international organisations, as well as to lawyers whose practice concerns global sanctions and MDBs’ privileges and immunities.

A Critical Appraisal of Initial Coin Offerings

Lifting the “Digital Token’s Veil”

Dominika Nestarcova

In A Critical Appraisal of Initial Coin Offerings: Lifting the “Digital Token’s Veil”, Dominika Nestarcova examines the regulatory treatment of initial coin offerings (‘ICOs’), a novel form of raising capital, where start-up companies issue blockchain-based assets (‘digital tokens’) to the public in return for a payment.
The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations.

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C. King Chanetsa

An effective capital markets industry has existed in South Africa for over 120 years. As recently as 2015, South Africa was considered the best regulator of securities in the world. The fall out from the GFC contained lessons for all markets, but not to the same extent. In the pursuit of G20 inspired conformity, aspects of the South African reform agenda may therefore appear replicative of initiatives in other jurisdictions and, consequently, uncritical in parts. In light of the fall to forty sixth place in the world in securities regulation ranking and some uncertainty in respect of the extent and shape of the reform process, C. King Chanetsa reviews activities in South Africa along the busy securities and capital markets value chain, and considers the continuing and emerging regulatory and supervisory framework.

Good Governance and Modern International Financial Institutions

AIIB Yearbook of International Law 2018

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Edited by Peter Quayle and Xuan Gao

This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders.
This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference.
The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.