域外法韵｜中欧阅览室新书推荐第四期-中欧法学院

域外法韵｜中欧阅览室新书推荐第四期

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！

第四期推荐书单

1、Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration

超越同意：重新审视投资条约仲裁中的管辖权

作者：Relja Radović

出版社：Brill Nijhoff

ISBN：9789004453685

索书号：D996.4/E102-18

简介：

In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.

2、Writing with Sweet Clarity

清晰的写作方式

作者：John E. Eck

出版社：Routledge

ISBN：9780367746605

索书号：C912.67/E16

简介：

In this book, criminologist and experienced educator John E. Eck draws on decades of academic and professional writing experience to provide an analytical toolkit for clear professional writing. This book focuses on the essential objective of clarity, and addresses topics seldom addressed in other books, such as ethics beyond plagiarism; writing with co-authors; organizing complex ideas; using analytics to improve writing; crafting strong beginnings and endings; using examples and metaphors; and integrating tables, charts, and diagrams.

As universities continue to demand writing-intensive courses in the social sciences, this book is indispensable in university settings and throughout a professional career. The reader will use the practical advice, examples, and exercises in this book to master a method for clear writing unimpaired by stereotypical academic jargon. The book will help both new and seasoned researchers seeking to translate their work into a clear and accessible presentation for both professional and lay audiences.

Designed for and field-tested with graduate and advanced undergraduate students, this lively and easy-to-read book will work for courses taught in criminology, sociology, geography, and other social sciences, and will enable scholars to extend and broaden the impact of their research.

3、Data Protection Law: A Comparative Analysis of Asia-Pacific and European Approaches

数据保护法：亚太和欧洲方法的比较分析

作者：Robert Walters, Leon Trakman, Bruno Zeller

出版社：Springer

ISBN：9789811381126

索书号：D912.8/E92

简介：

This book provides a comparison and practical guide for academics, students, and the business community of the current data protection laws in selected Asia Pacific countries (Australia, India, Indonesia, Japan Malaysia, Singapore, Thailand) and the European Union. The book shows how over the past three decades the range of economic, political, and social activities that have moved to the internet has increased significantly. This technological transformation has resulted in the collection of personal data, its use and storage across international boundaries at a rate that governments have been unable to keep pace. The book highlights challenges and potential solutions related to data protection issues arising from cross-border problems in which personal data is being considered as intellectual property, within transnational contracts and in anti-trust law. The book also discusses the emerging challenges in protecting personal data and promoting cyber security. The book provides a deeper understanding of the legal risks and frameworks associated with data protection law for local, regional and global academics, students, businesses, industries, legal profession and individuals.

4、Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals:

Implications for the Developing Countries

投资者–国家仲裁庭对最惠国条款的适用：对发展中国家的影响

作者：Tanjina Sharmin

出版社：Springer

ISBN：9789811537325

索书号：F745.5/E4

简介：

This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.

5、Principles of Chinese Criminal Procedure

中国刑事诉讼程序的原理

作者：Liling Yue

出版社：Bloomsbury Publishing PLC

ISBN：9781509934911

索书号：D925.2/E7

简介：

This book presents a short history and timeline of criminal procedure legislation in China. It first discusses the status of Human Rights Conventions and challenges resulting from human rights standards for Chinese criminal procedural law and practice. It moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPC and the Supreme People's Court. The book covers relevant actors in the Chinese Criminal Justice System (judges, prosecutors, police, defence councils) as well as the relationships between them. Actors include crime victims and their role in criminal proceedings. Starting with pre-trial investigation proceedings (extending in particular to coercive measures and discretionary powers of police and prosecutors in the implementation of non-prosecution policies) the book then proceeds with basic principles of the criminal trial, standards of evidence and rules related to conviction and sentencing. Appeal proceedings and the issue of reopening criminal proceedings are also considered. The book finally concludes with questions of enforcement of criminal sentences.

6、Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition

国际研究生的法律推理、检索与写作（第5版）

作者：Nadia E. Nedzel

出版社：Aspen Publishing

ISBN：9781543810844

索书号：D971.2/E51[5]

简介：Introductory text on legal research and writing for international graduate law students.

7、Legal Reasoning and Legal Writing, Ninth Edition

法律推理与法律写作（第9版）

作者：Richard K. Neumann Jr, Ellie Margolis, Kathryn M. Stanchi

出版社：Aspen Publishing

ISBN：9781543810851

索书号：D971.261/E2[9]

简介：This is an introductory text on legal writing and reasoning.

8、LEGAL ANALYSIS AND WRITING: AN ACTIVE LEARING APPROACH, First Edition

法律分析与写作：一种积极的学习方法（第1版）

作者：D. Shelton, K. Wallace, M. Weresh

出版社：Aspen Publishing

ISBN：9781543813067

索书号：D971.261/E77

简介：

Learning to write like a lawyer requires more than passive reading and listening to lectures; it requires active learning. Legal Analysis and Writing: An Active-Learning Approach demystifies the process of analyzing a fact pattern and translating that analysis into succinct and objective writing. This book's scaffolded approach emphasizes an incremental presentation of the best practices of legal writing while offering a wide variety of features to help rising lawyers master the form and function of the documents they will compose in practice. Professors and students will benefit from: study guide questions for each chapter to help students focus their reading detailed explanations throughout the book, allowing students to understand the writing process check-in exercises enabling students to test their understanding plentiful writing examples to provide students with models for good writing templates, worksheets, and checklists to help students analyze the law and assess their writing a detailed glossary to help students master key terminology in-class application exercises, quizzes, and more support for flipped classroom and/or team-based learning models of instruction.

9、A Practical Guide to Legal Writing and Legal Method, Seventh Edition

法律写作与法律方法实务用书（第7版）