One Country Two International Legal Personalities
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One Country Two International Legal Personalities
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Author : Roda Mushkat
language : en
Publisher: Hong Kong University Press
Release Date : 1997-01-01
One Country Two International Legal Personalities written by Roda Mushkat and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with Law categories.
In Once A Hero, his latest collection of essays, Lam describes the decline of Hong Kong cinema since 1997 and gives an eyewitness account of its attempt to reinvent itself.
One Country Two Systems
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Author : Kam C. Wong
language : en
Publisher: Routledge
Release Date : 2017-07-28
One Country Two Systems written by Kam C. Wong and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
The legal issues evoked by cross-border crime in Hong Kong and China are sparse and what does exist is mostly in Chinese. This book provides the first systematic, comprehensive, and in-depth analysis of how Chinese, British, Hong Kong, and international law were applied in the Big Spender case. Kam C. Wong outlines the respective positions of various parties to the dispute. Part of the case's fascination involves competing interests, and that political clout counted for more than legal theory.Big Spender may be little known outside Hong Kong and China, but he made history there. It was the first time a Hong Kong legal resident had been prosecuted, tried, and ultimately executed in China for acts largely perpetrated in Hong Kong. The case tested the limits of the one-country, two-systems approach under which Hong Kong and China coexist. It also forced politicians, government officials, and the public in both Hong Kong and China to come to terms with the legal and policy issues related to cross-border crime.Wong sees the Big Spender case as making clear the dire need for both sides to find workable solutions to concurrent jurisdiction, police cooperation, and judicial assistance. Until there is an acceptable arrangement governing the rendition of offenders between Hong Kong and mainland China, the one- country, two-systems formula cannot be stabilized. This is a case study in large-scale terms.
One Country Two Systems Three Legal Orders Perspectives Of Evolution
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Author : Jorge Oliveira
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-07-21
One Country Two Systems Three Legal Orders Perspectives Of Evolution written by Jorge Oliveira and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-21 with Law categories.
“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.
Legal Personality In International Law
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Author : Roland Portmann
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-26
Legal Personality In International Law written by Roland Portmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-26 with Law categories.
Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.
Practising Self Government
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Author : Yash Ghai
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-29
Practising Self Government written by Yash Ghai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
Autonomy provides a framework that allows for regions within countries to exercise self-government beyond the extent available to other sub-state units. This book presents detailed case studies of thirteen such autonomies from around the world, in which noted experts on each outline the constitutional, legal and institutional frameworks as well as how these arrangements have worked in practice to protect minority rights and prevent secession of the territories in question. The volume's editors draw on the case studies to provide a comparative analysis of how autonomy works and the political and institutional conditions under which it is likely to become a workable arrangement for management of the differences that brought it into being.
Routledge Handbook Of Constitutional Law In Greater China
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Author : Ngoc Son Bui
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-29
Routledge Handbook Of Constitutional Law In Greater China written by Ngoc Son Bui and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Law categories.
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
Introduction To The Hong Kong Basic Law
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Author : Danny Gittings
language : en
Publisher: Hong Kong University Press
Release Date : 2013-07-01
Introduction To The Hong Kong Basic Law written by Danny Gittings and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Law categories.
Effective since China's resumption of sovereignty on 1 July 1997, the Hong Kong Basic Law lays down the general policies and system of government for Hong Kong under the "one country, two systems" formula. It guarantees Hong Kong a high degree of autonomy, enshrines the rights and freedoms of residents, and preserves a separate common law system with an independent judiciary. This introduction traces the origins of the Hong Kong Basic Law and the concepts and legal issues that surround it. Drawing on the experience of the first 15 years, it then analyses the content of the Hong Kong Basic Law, especially in relation to Hong Kong's political system, the judiciary, and human rights. Intended especially for students at all levels in law, politics, and other disciplines, this book—the only introductory guide of its kind to the subject—will also appeal to the general reader interested in Hong Kong's experience under "one country, two systems". "Danny Gittings's Introduction to the Hong Kong Basic Law makes a significant contribution to an important subject. It is expressed in reader-friendly terms. The insights that it provides are of value not only to lawyers but also to the general public." —The Hon. Mr. Justice Kemal Bokhary, Permanent Judge of the Hong Kong Court of Final Appeal (1997–2012), Non-Permanent Judge (2012– ). "This well-researched and very readable introduction explains the history, practices and future of the Basic Law—Hong Kong's key constitutional document. It also explores how far the Basic Law is able to address the many political and legal issues now facing Hong Kong. The book is suitable for a wide range of readers. Students of Hong Kong law at all levels will find it essential reading. General readers with an interest in Hong Kong's governance will find in it a lucid and accurate guide—and a timely one as the debate about implementing democracy intensifies." —Professor Fu Hualing, Faculty of Law, University of Hong Kong. "Many of us approach law books with trepidation. But Gittings, a legal academic, used to be a journalist and this shows in his ability to make the book accessible to the general reader. [...] The Basic Law will continue to be central to issues facing the city for years to come. This book enables the reader to quickly acquire a much better understanding of them." — South China Morning Post "As Professor Gittings points out in his book, which includes a chapter on what might happen after Hong Kong’s 50-year autonomy ends, readability was a key aim. Acronyms are kept to a minimum and details set up neatly and comprehensively in footnotes so that the main text is kept as clean as possible." — Hong Kong Lawyer
Beyond Human Rights
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Author : Anne Peters
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-27
Beyond Human Rights written by Anne Peters and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
The Changing Legal Orders In Hong Kong And Mainland China Essays On One Country Two Systems
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Author : Albert H.Y. Chen
language : en
Publisher: City University of HK Press
Release Date : 2021-03
The Changing Legal Orders In Hong Kong And Mainland China Essays On One Country Two Systems written by Albert H.Y. Chen and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with Law categories.
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
The Hong Kong Legal System
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Author : Stefan H. C. Lo
language : en
Publisher: Cambridge University Press
Release Date : 2019-12-19
The Hong Kong Legal System written by Stefan H. C. Lo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-19 with Law categories.
Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.