Author: Tahirih V. Lee
Publisher: Taylor & Francis
ISBN: 9780815324836
Category : History
Languages : en
Pages : 442
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Book Description
Guanxi Winn, Jane Kaufman "Relational Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan" "Law and Society Review 28"(1994) Contract Chang, Phyllis L. "Deciding Disputes: Factors that Guide Chinese Courts in the Adjudicaiton of Rural Responsibility contract Disputes" "Law and Contemporary Problems 52" (1989) * Cheng, Lucie and Arthur Rosett "Contract with a Chinese Face" "Journal of Chinese Law 5" (1991) * Lee, Tahirih V. "Risky Business: Courts, Culture, and the Marketplace" "University of Miami" "Law Review 47" (1993) * Scogin, Hugh "Between Heaven and Earth: Han Contracts" "University of Southern California Law Review 63" (1990) Dispute Resolution Clarke, Don. "Dispute Resolution in China" "Journal of Chinese Law 5" (1991) * Finder, Susan "The Supreme People's Court of the PRC" "Journal of Chinese Law 7" (1993) * Jianxin, Ren. "Mediation, Conciliation, Arbitration and Litigation inthe PRC" "International Business Lawyer" (October, 1987) * Josephs, Hilary "Defamation, Invasion of Privacy, and the Press in the People's Republic of China""Pacific Basin Law Journal 11" (1993) * Woo, Margaret Y.D. "Abjudication Supervision and Judicial Independence in the PRC" "American Journal of Comparative Law 39 "(1991)
Author: Yanjie Bian
Publisher: John Wiley & Sons
ISBN: 1509500421
Category : Business & Economics
Languages : en
Pages : 212
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Book Description
How do social relations, or guanxi, matter in China today and how can this distinctive form of personal connection be better understood? In Guanxi: How China Works, Yanjie Bian analyzes the forms, dynamics, and impacts of guanxi relations in reform-era China, and shows them to be a crucial part of the puzzle of how Chinese society operates. Rich in original studies and insightful analyses, this concise book offers a critical synthesis of guanxi research, including its empirical controversies and theoretical debates. Bian skillfully illustrates the growing importance of guanxi in diverse areas such as personal network building, employment and labor markets, informal business relationships, and the broader political sphere, highlighting guanxi’s central value in China's contemporary social structure. A definitive statement on the topic from a top authority on the sociology of guanxi, this book is an excellent classroom introduction for courses on China, a useful reference for guanxi researchers, and ideal reading for anyone interested in Chinese culture and society.
Author: Ying Lun So
Publisher: Routledge
ISBN: 113422320X
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
Guanxi, a system of Chinese business relationships, is often described, but is rarely fully understood. Though it seems intangible, there is no doubt that it has contributed significantly to the success of Chinese entrepreneurs and the places where they work. Translated loosely as ‘personal ties’, this simple explanation belies a complex and nuanced system. Guanxi has often been criticised as nepotism - unfair, inefficient, even corrupt, and generally detrimental to business and economic growth... but if it is that bad, how does it survive? This insightful book unravels the origins of Guanxi and provides a much-needed explanation of the phenomena. It investigates: why it was initiated and developed what function it serves how it is maintained why it is such a dominant phenomenon in Chinese business life Combining economics, law and culture, this clear and concise book looks to the future of Guanxi based on its history. Drawing on cultural, organizational and economic studies, it takes a multi-disciplinary approach, integrating these various topics into a coherent explanation of Guanxi ensuring that this illuminating book will be equally useful to students of Asian business as to practitioners working within this market.
Author: Jieren Hu
Publisher: Springer Nature
ISBN: 9811586446
Category : Social Science
Languages : en
Pages : 277
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Book Description
This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”
Author: Raymond Wacks
Publisher: Hong Kong University Press
ISBN: 9622095070
Category : Law
Languages : en
Pages : 710
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Book Description
As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University
Author: Chunlei Zhao
Publisher: Routledge
ISBN: 1000595137
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement. Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.
Author: Madeleine Zelin
Publisher: Stanford University Press
ISBN: 0804766940
Category : Law
Languages : en
Pages : 408
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Book Description
Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.
Author: Pitman B. Potter
Publisher: University of Washington Press
ISBN: 0295804033
Category : Social Science
Languages : en
Pages : 246
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Book Description
The Economic Contract Law of China: Legitimation and Contract Autonomy in the PRC
Author: Dennis Campbell
Publisher: Kluwer Law International B.V.
ISBN: 9041133615
Category : Law
Languages : en
Pages : 738
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Book Description
This edition of the Comparative Law Yearbook of International Business provides a general examination of issues vital to the world's economic recovery. In the field of company law, practitioners examine changes in Russia's corporate law and the new Ukrainian law governing joint-stock companies. In the area of competition law, lawyers review Serbia and Bulgaria's new laws on the protection of competition and the private enforcement of Articles 101 and 102 in Europe's national courts. Dispute resolution occupies two chapters, one dealing with best practices for drafting arbitration clauses and the other set aside, recognition, and enforcement of private commercial arbitration awards. A further two chapters treat employment and labor matters relating to distribution and commercial representation, indemnity upon termination, and processing personal data in the employment context of Hungary. In the area of financial services, practitioners from five jurisdictions deal with fiduciary duty, the European Commission's proposed Directive on Alternative Investment Fund Managers, Swiss disclosure rules on significant shareholdings, restructuring and refinancing routes for mortgage-secured debt in Spain, and insurance laws and regulations in Nigeria. Foreign investment is examined by two authors, reporting on 2008 and 2009 developments in investment treaty disputes and foreign investment in Indonesia. Intellectual property issues are reviewed in chapters relating to the use of intellectual property as collateral in secured financing and intellectual property licensing in Canada. Finally, lawyers treaty a variety of other issues, including the tax law of Liechtenstein, European Union-Israel trade in the automobile sector, insolvency risk and creditors' rights in Peru, the modernizing of trust law in Hong Kong and bridging cultural differences in international Transactions.
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690
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Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
