The book series
Chinese Perspectives on Human Rights and Good Governance is edited within the Institute for Human Rights at the China University of Political Science and Law. It offers scholarly analysis and discussion of the theory and practice of international and national human rights law and good governance issues of particular relevance to China.
This is a new series with an average of one volume per year.
With the changes in development of the concept of human rights, thinking concerning the relationship between human rights and development is becoming deeper and deeper. Against this background, the authors profoundly realize that both recognizing economic development as the first priority as some developing countries do, and considering human rights to be the most important thing as most developed countries do, are unilateral and harmful to social progress. Human rights and development are interdependent and mutually promotional. This chapter introduces the three main viewpoints of the relationship between human rights and development. Based on the changes in attitudes of the UN and China to the relationship between human rights and development, this chapter holds that although it is great progress for the Chinese government to understand that human rights and development are interdependent, there are still many difficulties in realizing their mutually beneficial relationship in reality. These difficulties are due to the lack of professionals who enjoy a good understanding of the rules of social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental in the development and progress of human society.
This book is the second volume of a planned trilogy on legal protection of citizens' rights against the state in East and Southeast Asia. The first volume was published in 1997, under the title of
Comparative Studies on the Judicial Review System in East andSoutheast Asia. The third book will deal with the subject of due process of law with respect to administrative decision-making in these areas.
This second volume examines the historical development and present function of governmental liability in Japan, China, Korea, Taiwan, Malaysia and Indonesia. Both theoretical and practical problems of governmental liability are analyzed through comparative perspectives. As German and Dutch law have a strong influence in East and Southeast Asian countries, the governmental liability system in these two countries is also discussed. During the process of modernizing the economy and legal systems, especially with the globalization of the economy and the internationalization of Western law, it is inevitable for countries in East and Southeast Asia to introduce a governmental compensation system. However, because of a lack of experience of civil society and the tradition of the rule of law, of shortage of finance, and of different viewpoints on human rights, the introduced and planned governmental compensation systems in East and Southeast Asia could not be expected to function in the same way as those in Western countries. This book is based on the assumption that it is better to prevent damage from happening than compensating for it with money.
This book presents a unique perspective on the development and status quo of judicial review in East and Southeast Asia. In particular, it answers the questions of whether the system of judicial review of administrative action functions in East and Southeast Asian countries in the same way as in Western countries, and whether this system functions in the same way in countries that adopt the principle of concentration of powers and the principle of separation of powers. Together with papers on judicial review in the Netherlands and Germany, and references to English law, the legal systems discussed constitute a heterogeneous group of developed and developing economies, continental and Anglo-Saxon systems of law and capitalist and socialist legal orders.
The research and comparisons presented here form an invaluable resource for any scholar and lawyer interested in contemporary Asian law, or in the many facets of comparative administrative law.
This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people’s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and performance under the Chinese contract law and doctrines underlying the law. The focus is upon issue-oriented discussions from which different solutions may be drawn based on the nature of particular fact patterns. In addition, for research purposes, an analytical comparison is employed with regard to the laws that govern contracts to help illustrate how Chinese law is distinctive. In short, the book presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in the area of contracts.
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 Right to Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development.
Instead of emphasizing the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among the economy, the environment and society.
Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, local knowledge in South Africa and practice in Peru on the implementation of the right to development, and puts forward the idea of building human rights criteria in the South.
At the request of the International Seabed Authority, in 2011 the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea rendered its first Advisory Opinion: to clarify the ambiguous rules of the United Nations Convention on the Law of the Sea concerning the obligations and liabilities of a sponsoring State in the development of the international seabed area. According to the Opinion, the sponsoring State’s ‘obligation to ensure’ is an obligation of conduct and due diligence; the sponsoring State should take necessary and appropriate measures to fulfill the obligation under its domestic legal system; obligations and liabilities shall apply equally to the developed and developing States; the sponsoring State could avoid strict liability and compensation when fulfilling its ‘obligation to ensure’ due to the due diligence nature of the obligation. In light of this new development in the law concerning the international seabed area, East Asian States should take measures to improve their legislation and administration accordingly.