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Competition and International Trade: Complementing Trade Defense Policy with Effective Competition Policy in Ukraine
This chapter focuses on the relationship between competition and international trade. Competition policy is aimed at achieving the most efficient...
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An Empirical Study of Publicly Appointed and Privately Retained Defense Lawyers in Plea Bargaining: The Chinese Experience
A trial waiver system was implemented and tested in 18 large cities of China during 2016–2018. The present study compares publicly appointed and...
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On the Necessity Defense in a Democratic Welfare State: Leaving Pandora’s Box Ajar
The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars,...
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To Surrender or to Fight On? A Human Rights Perspective on Self-Defense
The traditional international law of self-defense provides little indication about how far states should be willing to defend. That choice is better...
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Territorial Air Space and Air Defense Identification Zones
The final chapter reviews the development of the concept and practice of territorial air space in the twentieth century, including the Chicago...
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Retrospect and Prospect of Criminal Defense System in the Past Forty Years
The defense system is an integral part of the criminal procedure system and an important expression of human rights protection in criminal procedure.
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Attack and Defense: Cross-Strait “Diplomatic Battle” and “Truce” Around the Issue of Taiwan’s Participation in the International Space
The key to the solution of the issue of Taiwan’s participation in the international space is to solve the “recognition dispute” generated across the...
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What Theory of Right of Defense is and How to Perfect It
In criminal proceedings, there are three fundamental litigation functions, including trial, prosecution and defense which are performed by the court,...
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For the Defense: 28 Shades of European Class Actions
Throughout the twentieth century, virtually all European countries that had studied the American class action had rejected implementation of the...
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China Institute of Defense Science and Technology v. United Resources Education Development (Yanjiao) Co., Ltd.
Uncertainty with prescribed contents in an enforcement compromise agreement will result in being unable to determine specific performance contents...
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The Requirement of Effective Control in the Law of Occupation
This chapter focuses on the impact of control on occupation. Whether a State exercises effective control over territory of another State determines...
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Grievance mechanisms and challenges to ensuring effective remedies for athlete abuses in Japan
Unfortunately, harassment and abuse in the sporting context have been serious social issues in Japan for a long time. There are three judicial and...
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Argentina: Notes on the Effective Enforcement of Judgments in Civil Cases
The problem of the effectiveness of civil justice in enforcing judgments is addressed in this document in the context of Argentine procedural law....
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International Investment Law in Chile: Recent Developments in Times of Reform
This article delves into Chile’s international investment law developments in light of the ongoing national and international reform processes as of...
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Stability, Autonomy, and the Foundations of Political Liberalism
An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free...
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National Defense and the Law of National Defense
The national defense, the defense of one country, always exists from the emergence to the withering away of a country, so the study of the...
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Policing Disobedient Demonstrations
This article sketches a case for the importance of allowing and protecting civil disobedience in a democratic society. There are weighty reasons for...
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Redefining doubt in cases of uncertainty: an analysis of the 2023 US DoD Law of War Manual revision to the presumption of civilian status in armed conflict
The third edition of the United States (US) Department of Defense Law of War Manual , updated in December 2016 (2015 DoD Manual) states that “[u]nder...