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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 33 (2015)
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, investment and financial integration in Asia, the Ma-Xi Summit in Singapore, the Taiwan-Philippines Fisheries Agreement, and the 70th Anniversary of the ROC’s War of Resistance against Japan. Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw
The Rule of Laws
'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.
The Enlightened Judgments
The first English translation of a selection of legal documents from Sung Dynasty China, this work provides a fascinating look at the legal, social, and economic history of that era.
Battlefronts Real and Imagined
This collection examines the cultural and intellectual dimensions of war and its resolution between Han Chinese and the various ethnically dissimilar peoples surrounding them during the crucial 'middle period' of Chinese history.
The Citizen and the Chinese State
This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.
Village and Bureaucracy in Southern Sung China
In imperial China, workers drawn from the local populace performed many of the basic functions of local administration. Standing between the rulers and the ruled, these men mediated in both directions. McKnight's study concentrates on the nature of this village-level subbureaucratic activity in the Sung period; it sheds new light on the emergence of early Chinese society while providing a background against which to assess social changes during later dynasties.
Opinions of the Supreme People's Court
Providing practitioners with a practical guide to judicial systems in the People's Republic of China, this text examines the role of the judiciary in the Chinese legal system. It does this mainly through opinions published in the official publication of the Supreme People's Court (SPC) - The Gazette. The role of the SPC in interpreting and implementing the legislation of the People's Republic of China is examined, highlighting the importance of The Gazette. A discussion of the rule of law and the principles of an independent administration is also included. This guide should be of use to practitioners who need to understand legislative and judicial processes in the People's Republic of China.
