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域外法韵|中欧阅览室新书推荐第五期

各位老师、同学们:

中欧法学院致力于培养通晓中国、欧盟法律,具有整体性学科思维、完备的应用技艺的通用型法律职业人才。特邀请中欧双方任课教师从教学、科研等多重方面考虑,推荐购买了以下外文书籍作为老师和学生们课程研究、科研发展的参考材料。

书籍位于昌平法渊阁三层第三借阅室,欢迎大家前来阅览!



第五期推荐书单

1、 Redfern and Hunter on International Arbitration, Seventh Edition

雷德芬和亨特谈国际仲裁(第7版)

作者:Nigel Blackaby KC, Constantine Partasides KC, Alan Redfern

出版社:Oxford University Press

ISBN:9780192869906

索书号:D997.3/E5[7]

简介:Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and arbitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world.

The seventh edition has been significantly revised to incorporate the latest significant developments in the field, including changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the ‘soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration.

This shorter, paperback edition does not include the appendices.


2、 Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions

证据法律推理:跨越民法和普通法传统

编者:Jordi Ferrer Beltrán, Carmen Vázquez

出版社:Cambridge University Press

ISBN:9781316516997

索书号:D915.13/E21

简介:This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.


3、 Transatlantic Jurisdictional Conflicts in Data Protection Law:fundamental rights, privacy and extraterritoriality

数据保护法中的跨大西洋管辖权冲突:基本权利、隐私和治外法权

作者:Mistale Taylor

出版社:Cambridge University Press

ISBN:9781108489560

索书号:D950.28/E41

简介:This book is for anyone who cares about their privacy and data protection rights. It examines transatlantic conflicts when data privacy laws collide with security, freedom of expression and trade concerns. It considers who may make the law and where and how the EU can ensure fundamental rights are protected.


4、 Regulating Access and Transfer of Data

规范数据访问和传输

作者:Björn Lundqvist

出版社:Cambridge University Press

ISBN:9781009335164

索书号:D950.217/E10

简介:Data collected and distributed on the internet is generally free, non-exclusive, and non-rivalrous. Yet online data is often difficult to access. This book examines the infrastructure for collecting, storing, and distributing data to show how it is embedded behind intellectual property and technological barriers. It proposes that the EU introduce an access and transfer governance right to data that can work in tandem with data protection rules. Chapters explore the subject matter of this protection, potential rights holders and the scope of the protection, and exceptions and limitations under intellectual property law and competition law. Comprehensive and timely, Regulating Access and Transfer of Data, sets the foundations for a new legal system for our data-driven generation.


5、 International Commercial Courts: The Future of Transnational Adjudication

国际商事法庭:跨国裁决的未来

编者:Stavros Brekoulakis, Georgios Dimitropoulos

出版社:Cambridge University Press

ISBN:9781316519257

索书号:D997.4/E217

简介:The book offers a comprehensive analysis of the role, importance and place of international commercial courts in the field of international adjudication from a comparative perspective. In a time where scholarly and academic debates revolve around the issues of the role of law in the post-globalization era, the new international commercial courts seem to be in the position to bridge concerns regarding diminished sovereignty, on the one hand, and the necessity of globalizing dispute resolution, on the other. International commercial courts thus present themselves as the paradigm for the future of adjudication.


6、 Judging the law of the sea: Judicial Contributions to the UN Convention on the Law of the Sea

评价海洋法: 对《联合国海洋法公约》的司法贡献

作者:Klein, Natalie; Parlett, Kate

出版社:Oxford University Press

ISBN:9780198853350

索书号:D993.5/E191

简介:Judging the Law of the Sea focuses on how the law of the sea is being developed through cases by judges interpreting and applying the UN Convention on the Law of the Sea (UNCLOS). The cases have not only progressively refined the parameters for the exercise of compulsory jurisdiction under UNCLOS, but also steadily contributed to the interpretation and application of substantive rights and obligations in the law of the sea. The book details considerations relating to jurisdiction over and admissibility of disputes under UNCLOS. It further assesses the substantive law of the sea that has been addressed during UNCLOS dispute settlement. These issues extend to questions about maritime space, maritime boundary delimitation, rights of navigation, fisheries, and the protection of the marine environment. The book provides an intensive study of the decisions to date and assesses how those decisions have influenced and will continue to influence the law of the sea in the future. Judging the Law of the Sea also contemplates what role any judge could or should play in reaching decisions to resolve critical international disputes.


7、 Philosophical Foundations of Precedent

先例的哲学基础

编者:Timothy Endicott, Hafsteinn Dan Kristjansson, Sebastian Lewis

出版社:Oxford University Press

ISBN:9780192857248

索书号:D903/E106

简介:This fascinating edited volume focuses on the nature and authority of precedent and forms of reasoning that it involves in common law and civil law systems. It addresses fundamental principles as to how and when to act following precedent and reasons for which it may be best to depart from.


8、 Atlas of Forensic and Criminal Psychology

法医与犯罪心理学图集

作者:Bernat-N. Tiffon

出版社:Taylor & Francis Ltd

ISBN:9780367551568

索书号:D919.3/E27

简介:Originally published in Spanish in 2017 by Libreria Bosch, Barcelona, the Atlas of Forensic and Criminal Psychology is a one-of-kind book made available in English for the first time. This unique work is highly illustrated with full-color images, providing a medico-legal examination of forensic pathology as it relates to cases of forensic psychological interest. The book begins with a historical perspective and includes images of patients to familiarize the reader with symptoms, the hazard-risk criteria, lethality, and suicidal rescue-research that Dr. Tiffon has addressed in his previous publications. Chapters present photographic records of cases to deepen forensic, psychologist, and medico-legal professionals' insight into thoughts, behaviors, and mechanisms of self- and hetero-aggressiveness. Such cases illustrate the outcomes of various disorders manifested in individuals and victims; as such, they provide an understanding of the psychological-legal conclusions reached in such cases in order to adapt the legal and preventative measures for specific situations. Coverage includes affective, schizophrenic, and personality disorders as contributing elements in diagnostic judgments, noting the great difficulty such examples present to experts performing psychopathological evaluations after criminal, and often violent, events have occurred. Various psychopathological disorders are addressed as well as the technical treatment that should occur in each case from a psychological-forensic perspective. In his previous books published in Spanish, Manual of Consulting in Psychology and Clinical, Legal, Legal, Criminal, and Forensic Psychopathology (2008) and Manual of Professional Performance in Clinical, Criminal, and Forensic Psychopathology (2009), Dr. Tiffon approached forensic psychology and psychopathology from a theoretical perspective. The Atlas of Forensic and Criminal Psychology, his first book translated into English, he expands on these prior works, serving to provide a visual reference and guide to medical pathologists and consulting psychologists in cases of disorders in which psychopathological mutilation, injury, and self-injury occur.


9、 Civil Procedure in Brazil, Third Edition

巴西民事程序法(第3版)

作者:Humberto Dalla; Renata Berlinski

出版社:Wolters Kluwer

ISBN:9789403540658

索书号:D977.751/E1[3]

简介:Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Brazil. Lawyers who handle transnational matters will appreciate the book's clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

图片:唐智宾 2024级双硕士

责任编辑:魏一璇


往期推荐

域外法韵|中欧阅览室新书推荐第一期

域外法韵|中欧阅览室新书推荐第二期

域外法韵|中欧阅览室新书推荐第三期

域外法韵|中欧阅览室新书推荐第四期