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Series:

Guofu Liu

Studying and understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily-accessible reference to Chinese refugee law. It focuses on the basic legal theories and practical issues involved for China to process refugee matters and to make refugee law, and envisions the law’s future development. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.

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Edited by Ying-jeou Ma

Volume 36 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2018. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.

Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw

Counter-Terrorism Financing

International Best Practices and the Law

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Nathalie Rébé

In Counter-Terrorism Financing: International Best Practices and the Law, Nathalie Rébé, offers a new comprehensive framework for CTF worldwide and reviews the strengths and weaknesses of current regulations and policies.
Both accessible, interesting and engaging in how it approaches chronic problems of Counter-Terrorism Financing, this book provides general understanding of this topic with a literature review and a gap-analysis based on CTF experts’ advices, as well as a very detailed analysis of current international regulatory tools.
Nathalie Rébé’s ‘all-in’one’ CTF manual is innovative in this field and provides answers for the international community to fight terrorism financing together more effectively, using a set of standards which promotes strong and diligent cooperation between countries concerning reporting, information exchange and gathering, as well as enforcement.

The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

Law in West German Democracy

Seventy Years of History as Seen Through German Courts

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Hugh Ridley

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

Edited by Md. Jahid Hossain Bhuiyan and Borhan Uddin Khan

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL.

This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict.

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Catherine Harwood

In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order.
The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.

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, 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.

Science, (Anti-)Communism and Diplomacy

The Pugwash Conferences on Science and World Affairs in the Early Cold War

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Edited by Alison Kraft and Carola Sachse

From 1957 onwards, the Pugwash Conferences brought together elite scientists from across ideological and political divides to work towards disarmament. Through a series of national case studies - Austria, China, Czechoslovakia, East and West Germany, the US and USSR – this volume offers a critical reassessment of the development and work of “Pugwash” nationally, internationally, and as a transnational forum for Track II diplomacy. This major new collection of work reveals the difficulties that Pugwash scientists encountered as they sought to reach across the blocs, create a channel for East-West dialogue and realize on the project’s founding aim of influencing state actors. Uniquely, the book affords a sense of the contingent and contested process by which the network-like organization took shape around the conferences.

Contributors are Gordon Barrett, Matthew Evangelista, Silke Fengler, Alison Kraft, Fabian Lüscher, Doubravka Olšáková, Geoffrey Roberts, Paul Rubinson, and Carola Sachse.

Visions of Sharīʿa

Contemporary Discussions in Shī ͑ī Legal Theory

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Edited by Ali-reza Bhojani, Laurens de Rooij and Michael Bohlander

In Visions of>/i> Sharīʿa Bhojani, De Rooij and Bohlander present the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought. Bringing together authoritative voices and emerging scholars, from both ‘traditional’ seminaries and ‘Western’ academies, the distinct critical insider and emic accounts provided develop a novel avenue in Islamic legal studies. Contextualised through reference to the history of Shīʿī legal theory as well as contemporary juristic practice and socio-political considerations, the volume demonstrates how one of the most intellectually vibrant and developed discourses of Islamic thought continues to be a key forum for exploring visions of Sharīʿa.