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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution

Essays on Macau's Autonomy after the Resumption of Sovereignty by China

  • Conference proceedings
  • © 2009

Overview

Editors:
  1. Jorge Costa Oliveira

    1. International Law Office, Macau

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  2. Paulo Cardinal

    1. University of Macau, Macau

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Table of contents (52 papers)

  1. Front Matter

    Pages i-xvii
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  2. Evolution and Interaction of the Three Legal Systems: Romano-Germanic, Common Law, Socialist

    1. The Intersection of Chinese Law and the Common Law in the Special Administrative Region of Hong Kong: Question of Technique or Politics?

      • Yash Ghai
      Pages 13-50

    2. Law of Things in the Macau Civil Code: An Extension of the Romano—Germanic System Built Upon the Classical Concept of Ownership

      • Tong Io Cheng
      Pages 51-73

    3. Legal Transplants and Economic Development: Civil Law Vs. Common Law?

      • Salvatore Mancuso
      Pages 75-89

    4. Modernisation, Westernisation, and Globalisation: Legal Transplant in China

      • Jianfu Chen
      Pages 91-114

    5. Comments

      • Hualing Fu
      Pages 115-116

    6. Comments

      • António Malheiro de Magalhães
      Pages 117-118

    7. Scotland: The Constitutional Protection of a Mixed Legal System

      • Chris Himsworth
      Pages 119-141

    8. The South-Tyrol Autonomy in Italy

      • Senator Oskar Peterlini
      Pages 143-170

    9. The Europeanization of Law

      • Cristina Ferreira
      Pages 171-190

    10. The Notion of Reparations as a Restorative Justice Measure

      • Antonio Buti
      Pages 191-206

    11. Comments

      • Jorge Godinho
      Pages 207-209

    12. Comments

      • Zhenmin Wang
      Pages 211-213

  3. Evolution of the Judicial Systems — Role of Public Prosecution, Role of the Lawyers, Specialised Courts, Judicial Guarantees of Fundamental Rights

    1. Lawyers, the Protection of Human Rights and Harmonious Society

      • Cui Feng
      Pages 217-220

    2. The Judicial Guarantees of Fundamental Rights in the Macau Legal System: A Parcours Under the Focus of Continuity and of Autonomy

      • Paulo Cardinal
      Pages 221-269

    3. Public Prosecution vis à vis the Protection of the Legal System and the Protection of Fundamental Human Rights

      • Gavin T. Shiu
      Pages 271-281

    4. International Criminal Procedure and the Protection of the Fundamental Rights of the Person

      • Wladimir Brito
      Pages 283-314

    5. Comments

      • José António Pinheiro Torres
      Pages 315-318

    6. Trend of Evolution of Chinese Mainland Prosecutorial System in the Context of Judicial Reform

      • Guo Lixin
      Pages 319-328

    7. The Role of the Ombudsman in Defending Human Rights

      • Ivo Donat Firmo Mineiro
      Pages 329-337
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Keywords

About this book

“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.

Editors and Affiliations

  • International Law Office, Macau

    Jorge Costa Oliveira

  • University of Macau, Macau

    Paulo Cardinal

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