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International Investment Law at the Juncture: An Asian Perspective (International Law in Asia)
by Shen WeiThe book focuses on some of the most pressing issues in international investment law in Asia, such as the role of developing countries, the rebalancing between the investors’ rights protection and the host states’ right to regulate, the ISDS reform, among others. The book investigates these issues by looking into the bilateral investment treaties and investment arbitration cases in the region. The readers will benefit from this book’s rich content and wide coverage. For instance, the readers would learn more about Asian states’ Bilateral Investment Treaty law and practice and their standing on international investment law. The book provides a fresh angle to most readers who may be more exposed to the Western perspective on the topic, providing a more complete picture to add to the readers’ understanding of international investment law and in particular its evolution and future possibilities.
Chinese Rule of Law Path and Cultivation of Foreign-Related Rule of Law Talents
by Xiaobo Dong Jie GuoThis book systematically explores the historical development, connotation, characteristics and cultural resources of Chinese rule of law path based on the combination theory and practice. It also comprehensively reveals the overall objectives and promotion models of Chinese rule of law path, theoretically expounds the people-oriented nature of Chinese Thought on the Rule of Law and the global initiatives of Chinese rule of law path, and proposes the important guarantee of realizing the global initiatives of Chinese rule of law path——the cultivation of foreign-related rule of law talents. From this book, readers, not only scholars and experts specialized in relevant fields but also layman interested in legal life of modern China, can truly grasp the rich connotation of the socialist rule of law with Chinese characteristics in the new era and have a refreshing understanding of contemporary legal culture of China.
The War in Ukraine and International Law
by Dai Tamada Masahiko AsadaThe war in Ukraine is fast approaching its second anniversary since its commencement on 24 February 2022 as a blatant aggression by Russia. As we discuss in detail in this book, there are multiple international legal issues that arise and require addressing. What is more, the very international legal order is under threat, insofar as the fundamental international law obligations are not being complied with and the basic international rules are utterly ignored. This book discusses a number of international law issues arising from the war in Ukraine. It covers not only the traditional subjects of war, such as jus ad bellum, international criminal law, and the law of neutrality, but also the relatively new issues arising from the economic sanctions against Russia, including aspects of the WTO law and international investment law. This book provides the readers with opportunities to reconsider the various legal aspects of the war in Ukraine.
Artificial Intelligence and the Law
by Tshilidzi Marwala Letlhokwa George MpediThis textbook offers a starting point for the education of attorneys and other legal professionals about the potential impact of artificial intelligence (AI) on the law, as well as a forum for discussing artificial intelligence's legal and ethical concerns. Intended for classroom use, this book will help students, legal professionals and policymakers alike. AI is swiftly transforming the world, including the legal system. Legal applications to areas such as ethics, human rights, climate change, labor law, health, social protection, inequality, lethal autonomous weapons, the criminal justice system and autonomous vehicles, contract drafting, legal investigation, criminal analysis and evidence investigation, utilize AI. As AI becomes more sophisticated, its impact on the law will likely increase.
Artificial Intelligence in Drug Development: Patenting and Regulatory Aspects (Frontiers of Artificial Intelligence, Ethics and Multidisciplinary Applications)
by Kavita Sharma Padmavati ManchikantiThis book discusses how Artificial Intelligence developments have revolutionized the area of medicine and how companies use them to develop applications. While the book covers the growth of AI in medicine and the early developments in AI based medical tools, it provides an in-depth analysis of the current developments in relation to the area of medical diagnostics. The book focuses on how enterprises and institutes have developed their intellectual property portfolio, particularly patents, in this area. Cross-country patenting analysis helps in understanding key areas of growth in certain markets and also company strategies and arrangements. The introduction of AI based products in market is subject to regulation. The developments in policy and regulation influence the development and deployment of such products into the market. This book brings focus to the development of policy and regulation and how regulatory developments impact the introduction of AI-based healthcare products from a cross-country perspective. Further, how regulatory developments lead to the evolution of standards, build reliability and safety in this area are also examined. The unique aspect of this book is the comprehensive coverage of the dual aspects of the nature and scope of AI-based innovations in health care and the related drug regulatory aspects which are imperative for the understanding for students, researchers, and those who work in this area.
Democratizing China’s Political Imaginaries
by Rongxin LiThis book offers a meticulous empirical examination of Chinese democracy and its myriad discourses. Delving into the intricate workings of Chinese democracy, the author explores how the Chinese Communist Party employs democratic principles, how intellectuals grapple with the concept, and how the populace perceives and engages with democracy. In transcending mere methodological nationalism, this narrative extends to the global stage, offering insights into democratic evolution beyond Western paradigms by exploring resonates particularly with developing and post-colonial countries, offering a fresh perspective on the delicate balance between state capacity, social order, and the democratization process. While the trajectory of democracy in China remains uncertain, these empirically grounded analyses provide a pragmatic lens through which to contemplate the future of Chinese political dynamics.
Fußspuren von Feist in der europäischen Datenbankrichtlinie: Eine rechtliche Analyse der Gesetzgebung zum geistigen Eigentum in Europa
by Indranath GuptaIm Zusammenhang mit der Rechtsprechung zur Urheberrechtsfähigkeit einer Tatsachenzusammenstellung werden in diesem Buch die Fußspuren des in einer Entscheidung des Obersten Gerichtshofs der USA (Feist) vorgesehenen Standards in Europa ausfindig gemacht. Insbesondere wird untersucht, inwieweit diese Rechtsprechung mit dem in der Europäischen Union angenommenen und diskutierten Standard übereinstimmt. Oftmals bleiben die Gründe für die Rechtsetzung unbemerkt. Die zwingenden Umstände und die Geschichte, die dem Erlass eines Gesetzes vorausgehen, helfen dabei, die Ausgewogenheit einer bestimmten Gesetzgebung zu verstehen. Bei der Betrachtung des Prozesses der Verabschiedung der Datenbankrichtlinie (96/9/EG) wird in diesem Buch über die Bedenken nachgedacht, die im Zusammenhang mit der Feist-Entscheidung in Europa geäußert wurden.
Sexuelle und geschlechtsspezifische Gewalt im internationalen Recht: Internationale Institutionen zum Funktionieren bringen
by Bharat H. Desai Moumita MandalDieses Buch behandelt sexuelle und geschlechtsspezifische Gewalt (SGBV) gegen Frauen aus völkerrechtlicher Sicht. Es zeigt die Gründe für SGBV gegen Frauen auf, wobei der Schwerpunkt auf kulturellen Praktiken liegt, mit denen versucht wird, sie zu rechtfertigen, und verdeutlicht die rechtlichen Herausforderungen im Zusammenhang mit dem Thema sowohl für nationale als auch internationale Justizsysteme. Die sieben Kapitel des Buches sind: i) Einleitung ii) SGBV ein globales Problem; iii) Internationaler Rechtsschutz; iv) Rolle der internationalen Institutionen; v) Rolle kultureller Faktoren und vi) Herausforderungen vii) Schlussfolgerungen. Vor dem Hintergrund konzertierter globaler Bemühungen, SGBV gegen Frauen zu beenden oder zumindest stark einzudämmen, bietet das Buch einen Fahrplan für das System der Vereinten Nationen, Staaten, internationale Institutionen, multidisziplinäre Wissenschaftler, Organisationen der Zivilgesellschaft und andere globale Akteure.Das Buch enthält ein Vorwort von Peter Maurer, Präsident des Internationalen Komitees vom Roten Kreuz (IKRK).
Traditional Ethics and Contemporary Society of China
by Guojie LuoBased on the ethical thinking of the pre-Qin Dynasty, this book discusses the formation and development of traditional Chinese ethics, the refinement of the Confucian ethical normative system and the establishment of its orthodoxy, as well as the deepening and maturation of feudal ethics. The book is simple in style and clear in context. It contains not only the essence of traditional Chinese morality but also the achievements of modern civilization. It analyzes the implications of traditional Chinese ethics on the governance and moral construction of modern society and can be used as a reference for governance and revitalization of the country and moral development.
San Marino and International Investments
by Lorenzo RiccardiThis book seeks to promote investment opportunities in a global context, given San Marino’s advantageous tax and corporate system. After introducing readers to the country’s historical, geographical and political background, it focuses on current economic trends, business practices and the main institutions for economic development. In turn, the book illustrates San Marino’s unique international status, which supports its active membership in numerous international organizations. Additionally, it reports on the country’s ties with the world’s largest economies. These ties are chiefly characterized by international treaties and Double Tax Agreements (DTAs), which are also analyzed. In closing, the book shares insights into other small European countries’ dealings with San Marino (Andorra, Lichtenstein and Monaco).
Governance in Bangladesh: Innovations in Delivery of Public Service (New Frontiers in Regional Science: Asian Perspectives #68)
by Md. Nurul Momen Jannatul FerdousThis book adopts the multidimensional nature of innovation as its point of focus and offers a comprehensive analysis of contemporary governance issues in Bangladesh. Each chapter views those issues from its own disciplinary perspective, but all share a common focus on the current process in the governance of innovation. The authors show how the processes of innovation and public service delivery are influenced while there is simultaneously a striving for a digital Bangladesh. The book presents innovation as a complex phenomenon with multidisciplinary viewpoints affecting its governance. As well, new practices, developments, and empirical research are shown here. The aim is to point out the most persistent difficulties in public administration and public service delivery, with an emphasis on how to deliver public service in Bangladesh in a sustainable manner. Although significant transformations have been made recently for a better organized public sphere, public services still must be more closely in line with what citizens need rather than what service providers are prepared to deliver. This published work speaks strongly to a wide-ranging audience, from scholars of governance and innovation management to academics, researchers, and postgraduate students interested in public service delivery innovations in Bangladesh and South Asia. Indeed, the book serves as a text and valuable resource for postgraduate courses in politics, business administration, economics, political science, development, and governance in South Asia.
Portugal and the Lusophone World: Law, Geopolitics and Institutional Cooperation
by Paulo Afonso B. Duarte Rui Albuquerque António Manuel Lopes TavaresThis book responds to a serious need for a consistent and comprehensive publication which combines an analysis of Law, Geopolitics and Institutional cooperation within the Lusophone world. Research in the book includes contributions from scholars with diverse educational and professional experiences working in these disciplines, from all around the world. The book will assist readers in comprehending, recognizing and discussing on-going debates about the Lusophone world in the 21st century.
Legal Engineering in the Supervisory System Reform
by Qianhong QinThis book is the latest work on the reform of supervisory system by Qin Qianhong. The author demonstrates China’s supervisory system at both the theoretical and practical levels, discusses the historical development of supervisory system reform in depth and offers the prospect of supervisory system from his unique perspective. Theoretically, focusing on the context of China, the book studies systematically the origin, transformation and evolution of the concept of supervision and concludes the theoretical basis, object of research and basic scope of supervisory law research, in expectation of building a theoretical system. Practically, from the perspective of China’s reality, the book focuses on the studies of the crucial issues in supervisory system reform, such as the cooperation between supervisory power and prosecutorial power, and the status of supervisory institutions, aiming to provide suggestions for the supervisory system reform.
Citizen Charter and Local Service Delivery in Bangladesh
by Pranab Kumar Panday Shuvra ChowdhuryThis book illuminates the importance of the citizen charter (CC) in local service delivery in Bangladesh. It describes how CC was implemented into the service delivery process and its impact. In the 1970s, the transition from traditional public administration to new public management was inspired by globalization, the emergence of an information and technological society, and many economic theories, such as public choice, principal-agent theory, and transaction cost. The purpose of the government in a welfare state is to serve the citizens by providing essential services. However, public service delivery in most developing nations is ineffective owing to corruption, waste of public funds, a lack of responsibility on the part of public employees, etc. In this context, CC emerged as a means of educating individuals on many elements of services, so they may hold service providers accountable. Thus, the issue of framing and implementation of CC has been put in place due to the persistent pressing of academicians, politicians, and practitioners advocating for better local service delivery.
Introduction to Ethics: Concepts, Theories, and Contemporary Issues
by Chhanda ChakrabortiThe book introduces the reader to western ethics as a subject, along with its three standard subdivisions. Although the book is written with university students, policymakers, and professionals in mind, the book is lucid enough to be accessible to most adult readers. The book begins with introductions to the basics of ethics. These chapters are meant to provide the reader with the background knowledge necessary for understanding the more technical chapters on metaethics, normative ethics theories, and applied ethics, the three well-known subdivisions within ethics. The chapters that follow take up core ethical issues from each of these areas. The sections focus on explanation and a critical understanding of the ethical issue. The chapters also have examples, cases, and exercises to encourage critical thinking and to enable the reader to grasp the issue better. The book has tried to bring contemporary issues, such as ethics of human organ transplantation, and contemporary theories, such as Amartya Sen’s concept of Justice and Martha Nussbaum’s Capabilities Approach, to engage the readers with ethics in the real world. The book concludes with applied ethics, but with the example of ethics of artificial intelligence. The aim is to keep ethics as a future-driven activity and to emphasize the need to understand the real-world ethical situations and dilemmas that will affect the stakeholders all around the world in the coming years as artificial intelligence and data-driven technologies change our everyday life.
Cleaning and Corporate Management: The Historical and Theoretical Relationship Between Japanese Companies and Their Cleaning Activities
by Shin OhmoriThis book provides a new way of understanding Japanese management by focusing on the relationship between Japanese companies and their social practices. Whereas previous studies have often concentrated on the uniqueness of Japanese companies' systems (e.g., lifetime employment, the seniority system, company-specific unions) or methods (e.g., bottom-up management, Toyota production methods), this book explains the uniqueness of Japanese companies’ activities and practices. It especially highlights the day-to-day cleaning activities that many companies have practiced for numbers of years, regardless of their size or industry. Activities that continue beyond a certain period of time are called social practices, and the book clarifies how this particular social practice has historically been formed in Japanese companies and then shows what it means to keep cherishing those cleaning practices. This study consists of two parts: historical research and theoretical research. The historical research sheds light on the relationship between Japanese companies and cleaning activities from a historical point of view. On the basis of old literature and in-house documents, the reader can understand how Japanese companies have positioned cleaning practices in the process of increasing their growth potential and competitiveness and in maintaining their businesses. The second part explains theoretically the relationship between cleaning and management with quantitative and qualitative data from Japanese companies today. Using survey results from Japanese companies, the book shows what kinds of organizations will be formed and human resources will be developed if companies have been focusing for many years on 5S activities—Sort, Set in Order, Shine, Standardize, and Sustain— that include cleaning. This part of the book presents the distinctive problem-solving and strategy-creation processes of Japanese companies in contrast to the activities of European and American companies.
Public Procurement in Chinese Law and Practice (State Governance)
by Xiang XianshengThis book aims to present an overview of government procurement of public services in China. It introduces three types of government procurement of public service and analyzes the legal boundaries, legal subjects, purchasing methods, regulation and legal remedy system around it. At the end, the ways of improving law system are brought up for policy suggestion. It helps readers understand how procurement of public services proceeds in China.
Enterprise Organization Engineering: Academic Origins and Theoretical System
by Yanping Liu Yongzhong Tang"This book creates the concept of “enterprise organization engineering” by introducing the paradigm of tissue engineering in life science into enterprise organization research. It regards the enterprise as live organization, which has life characters and ability to grow and self-repair. The authors seek origins from seven theories including human tissue engineering, evolutionary economics, organization theories, enterprise theories, entrepreneur theory, human recourse theory, knowledge management theory, and summarizes the research framework including five parts : research on enterprise life characteristics, enterprise genes, enterprise seed cells, enterprise life scaffolds and research on enterprise growth factors. This research framework, which bases on five principles, presents a new perspective for corporate management staff and riches management theories."
Ethics in Social Science Research in Indonesia
by Mayling Oey-Gardiner Fandy Rahardi Canyon Keanu CanThis textbook presents ethical guidelines for conducting research in the social sciences, focused on Indonesia. As a country with a fast-growing research environment, the real-life cases of ethical issues that arise in Indonesia can teach both aspiring and established researchers how to approach the complexity of research ethics and dilemmas. With technological advancement affecting how research is conducted, the necessary ethical guidelines for research are also evolving. The instantaneous nature of information movement has made confidentiality in research data more critical than before, and any negligence in protecting research participants has an unprecedented scope of damage. The methods book synthesises hundreds of worldwide ethical guidelines and past issues that social science researchers will find highly relevant. Arranged chronologically to represent each research stage—from research preparation to post-research—the book prepares researchers to mitigate ethical crises. Relevant to all social scientists, both emerging and established, conducting research in Indonesia, this co-published textbook between Springer and OBOR is also relevant to researchers beyond the archipelago. It is also an indispensable teaching resource for lecturers in research methods and ethics across social science disciplines.
Interactions Between Chinese Tax Incentives and WTO’s Subsidy Rules Against the Background of EU State Aid
by Diheng XuThe book provides insights to the alleviation of tensions between Chinese tax incentives and the WTO’s subsidy rules, thus further offering implications for both China and the WTO on integrating in the world economy. Moreover, doing a comparative study with EU State aid law can also provide China with a source of inspiration for reviewing its legal mechanism in respect of tax incentives and the WTO for rethinking its subsidy rules with regard to achieving its objectives and purposes. Academics and students in related subject will be interested to read the book. Practitioners doing business related to China, EU and international trade can be very interested in this book. Policymakers in both China and EU can also get valuable knowledge and inspiration from the book.
An Empirical Study of SOE Corporate Governance Attributes for Emerging Markets
by Giang Hoang Kok Boon OhThis book investigates the institutional characteristics of state-linked firms in Vietnam to draw lessons for investors/MNCs targeting Vietnam and other emerging markets in the region. Vietnam and many other ASEAN countries have gone through a period of privatization and equitization of wholly controlled SOEs, with the State retaining partial ownership in many privatized businesses. This book explains the dynamic relationships between the State, BODs, shareholders, and regulators and their influence on corporate governance and SOE performance. This book differs from other publications in that it extrapolates the findings from our study to a broader context on how the defined internal mechanisms implicate the local economy and global supply chains/markets. This book investigates robust theoretical foundations, and rigorous applied empirical research underpin the role of the State in SOEs. It differs from other studies in terms of qualitative and empirical research to provide the contextual setting to elucidate how to successfully navigate emerging market business with the State as an "owner-participant." This book explains the theoretical constructs of corporate governance in SOEs, applies empirical research methodologies, and draws results to validate inferences to (1) investigate the link between the board of directors and ownership attributes and agency cost levels using Vietnamese listed firms for the period from 2006 to 2013, (2) evaluate the effectiveness of State's corporate initiatives and monitoring through its sovereign wealth fund known as the State Capital Investment Corporation (SCIC), and (3) infer and explain the motivation of the State as a shareholder. This book takes cognizance of Vietnam's idiosyncratic institutional (using its sovereign wealth fund as an investment vehicle and management proxy), economic, regulatory, and corporate environments and the realities for developing an effective and sustainable business model, vis-à-vis the ownership structure, board of directors' composition and corporate governance, for better business performance. While the focus is on Vietnam, the content is also relevant to the role of the State in other emerging markets as a player in shaping the business strategy, model, and direction of SOEs.
Economic Law Reforms in the ASEAN Emerging Economies: A Review of Three Decades’ Paths (Kobe University Monograph Series in Social Science Research)
by Terukazu Suruga Phanhpakit Onphanhdala Yuka KanekoThis book reviews the periodic changes in the legal policies of the late-developing ASEAN countries, often known as the CLMV countries (Cambodia, Laos, Myanmar, and Vietnam), in their continuous path toward globalization after the collapse of the socialist bloc. The book also identifies the characteristics of the legal reforms in their present stage guided by the common framework under the ASEAN Economic Community (AEC) moving toward 2025.The first stage is illustrated by the ASEAN-style utilization of foreign investments as reflected in all investment laws and policies of CLMV countries in the 1990s, which featured entry control (as “sticks”) and investment incentives (as “carrots”). Those controls and incentives were the means to induce investors to assume various performance requirements to contribute to industrial policies. The second stage witnessed a shift toward enhanced liberalization as an endeavor toward the WTO accession during the 2000s, as seen in the integrated investment laws that appealed for the national treatment of foreign investors. At the same time, those investment laws emphasized the substantive provisions (e.g., fair and equitable treatment and indirect expropriation) and procedural protections (e.g., provision of Investor–State Dispute Resolution mechanisms) as an appeal for stabilization of the investment climate. The third stage of legal policy, as evidenced by the recent amendments to the investment laws, is newly focused on environmental and social considerations, which seems to be an indispensable response to the increasing social protests against the negative impacts of investment promotion. Simultaneously, the means of administrative controls over investors, established in the first stage, are uniquely utilized for the realization of new goals.
A Chronicle of China’s Notary History (1902–1979)
by Yu CaiThis book seeks to trace the notarial history of China from 1902 to 1979. While working on this trailblazing effort, the author taps into a rich variety of artifacts, especially the notarial documents, archived records, manuals and journals from private collection or originally issued by China’s judicial authorities during different periods. No similar book has been published so far. Many of these items are taken from old publications and notarial documents that the author purchased from grass-root vendors. The book complements the text with illustrations, and the descriptions of the same articles are consistent throughout narrative. Even more remarkable is that many rare notarial historical materials in Chinese and foreign languages are available for the first time. This book is a must-read for researchers and students need in their understanding of China’s judicial system or China’s history. It gives a complete introduction to the development and evolution of China’s notarial system, which has great reference value for those who study this subject.
China’s Road to Human Rights Development (China Insights)
by Huawen LiuThis book describes the development of human rights in the People's Republic of China since 1949. In particular, since the reform and opening-up, China has deepened its understanding of the rule of law and human rights, and realized the incorporation of human rights into the Constitution. The cause of human rights in China has entered a period of rapid development in a planned and step-by-step manner, and a path of human rights development suited to China's national conditions has been set out. China's international exchanges and cooperation in the field of human rights have gradually deepened and strengthened, and China has made unique contributions, becoming a participant, builder and contributor to international human rights governance.
New Ways of Solidarity with Korean Comfort Women: Comfort Women and What Remains (Palgrave Macmillan Studies on Human Rights in Asia)
by Ñusta Carranza KoThis book provides a space for victims’ testimonies and memories, engages with their experiences, reflects upon the redress movement, and evaluates policies related to Korean comfort women as victims and survivors from the international, domestic, and bilateral realms. Collectively, this edited volume aims to further diversify the scholarship on comfort women, contribute to the existing literature on social movements related to comfort women and other related studies, and, in doing so, challenge the politicization of comfort women. With this objective, the book presents scholarship from interdisciplinary fields that revisit the meaning of victims’ testimonies, memories, and remembrance, social movement efforts on comfort women, and the related role of government, governance, and society by reflecting on the truths about the historical past. In so doing, it initiates new conversations among political scientists, sociologists, historians, and cultural and literary scholars. What do victims’ testimonies reveal about new ways of imagining historical memory of Korean comfort women? How are memories of comfort women and their experiences remembered in social movements, literature, and cultural practices? Where is the place of comfort women’s experiences in politics, diplomacy, and global affairs? These are some of the questions that guide the contributions to this edited volume, which seek to establish new ways of solidarity with comfort women.