Chinese Private International Law

Erscheinungsjahr 2021
ISBN: 978-1-5099-2437-0
Verlag: Bloomsbury Academic

Buch, Englisch, 352 Seiten, Hardback, Format (B × H): 174 mm x 247 mm, Gewicht: 746 g

Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

Autoren/Hrsg.

Liu, Xiaohong

Reyes, Anselmo

Zhang, Zhengyi

Beaumont, Paul

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht

Inhaltsverzeichnis

Summary of Contents

1. Subject Matter of Private International Law

Xiaohong Liu, Shanghai University of Political Science & Law, China and Xin Cai, Shanghai University of Political Science & Law, China
2. Sources of Law

Xin Cai, Shanghai University of Political Science & Law, China
3. History of Private International Law

Xin Cai, Shanghai University of Political Science & Law, China
4. Classification

Xin Cai, Shanghai University of Political Science & Law, China
5. Preliminary Question

Xin Cai, Shanghai University of Political Science & Law, China
6. Dépeçage

Xin Cai, Shanghai University of Political Science & Law, China
7. Renvoi

Xin Cai, Shanghai University of Political Science & Law, China
8. Point of Contact

Xin Cai, Shanghai University of Political Science & Law, China
9. Ascertainment of Foreign Law

Xin Cai, Shanghai University of Political Science & Law, China
10. Public Order, Mandatory Rules and Evasion of Law

Xin Cai, Shanghai University of Political Science & Law, China
11. Jurisdiction in Personam

Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
12. Jurisdiction in Shipping Claims

Jianping Shi, Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
13. Immunities from Jurisdiction

Jianping Shi, Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
14. Law of Obligations

Qingkun Xu, Shanghai University of Political Science & Law, China
15. Law of Property

Lin Jia, Shanghai University of Political Science & Law, China, Qingxuan Wu, Shanghai University of Political Science & Law, China and Zhengyi Zhang, Shanghai University of Political Science & Law, China
16. Jurisdiction and Applicable Law in Matters of Intellectual Property in China

Yang Cao, Shanghai University of Political Science & Law, China
17. Family Law

Zhengyi Zhang, Shanghai University of Political Science & Law, China and Jingning Zhang, Shanghai University of Political Science & Law, China
18. Law of Corporations and Insolvency

Xiaolin Li, Shanghai University of Political Science & Law, China
19. Competition Law

Maozhong Ding, Shanghai University of Political Science & Law, China and Dan Wang, a Chinese attorney
20. Recognition

Zhengyi Zhang, Shanghai University of Political Science & Law, China and Zhen Zhang, Shanghai University of Political Science & Law, China
21. Enforcement of Judgments

Zhengyi Zhang, Shanghai University of Political Science & Law, China
22. Interregional Judicial Assistance

Jun Chen, Shanghai University of Political Science & Law, China
23. International Commercial Arbitration

Shuo Feng, East China University of Political Science and Law
24. Investment Treaty Arbitration

Junrong Song, Shanghai University of Political Science & Law, China and Min Han, Shanghai University of Political Science & Law, China
25. China's Role in the Work of International Organisations

Zhengyi Zhang, Shanghai University of Political Science & Law, China and Yannan Liu, Shanghai University of Political Science & Law, China
26. The Belt and Road Initiative and Chinese Private International Law

Zhengyi Zhang, Shanghai University of Political Science & Law, China
27. The Future of Private International Law

Guojian Xu, Shanghai University of Political Science & Law, China and Zhengyi Zhang, Shanghai University of Political Science & Law, China

Über Autor(innen)

Liu, Xiaohong
Xiaohong Liu is a Professor and PhD supervisor of law, and the President of the Shanghai University of Political Science and Law. She was appointed and served as the Vice Chairman of the ICC Commission on Arbitration & ADR between 2016 and 2019. Currently, she is a member of the Commission of the ICC International Court of Arbitration on the Belt and Road Initiative, Vice Chairman of ICC China Commission on Arbitration & ADR, China Society of Private International Law and Shanghai Law Society, President of the Institute for the Belt and Road Initiative of Shanghai Law Society, and chief expert at the Collaborative Innovation Center of China (Shanghai) Pilot Free Trade Zone.

Xiaohong also practises as an arbitrator in the China International Economic and Trade Arbitration Commission, Shanghai International Economic and Trade Arbitration Commission, Shenzhen Court of International Arbitration, Shanghai Arbitration Commission, Cairo Regional Centre for International Commercial Arbitration, and Arbitration Foundation of Southern Africa, among others, and as a mediator at the Shanghai-Rhone-Alpes International Mediation Center.

Zhang, Zhengyi
Zhengyi Zhang is an Associate Professor and Deputy Director at the International Affairs Office of Shanghai University of Political Science and Law. She is also an arbitrator at the Shanghai International Arbitration Center.

Xiaohong Liu is Professor and President and Zhengyi Zhang is Associate Professor and Deputy Director of the International Affairs Office, both at Shanghai University of Political Science and Law, China.