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Articles 1 - 18 of 18
Full-Text Articles in Law
Understanding China’S Regulation On Insurance Investment In Venture Capital Funds, Tao (Tim) Liang
Understanding China’S Regulation On Insurance Investment In Venture Capital Funds, Tao (Tim) Liang
Tao LIANG
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Lowell Bautista
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.
The Tragedy Of Hong Kong, Richard Klein
The Tragedy Of Hong Kong, Richard Klein
Richard Daniel Klein
While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle
John Copeland Nagle
No abstract provided.
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
The Missing Chinese Environmental Law Statutory Interpretation Cases, John C. Nagle
John Copeland Nagle
No abstract provided.
How Much Should China Pollute?, John C. Nagle
How Much Should China Pollute?, John C. Nagle
John Copeland Nagle
The debate concerning how much China should pollute is at the heart of international negotiations regarding climate change and environmental protection more generally. China is the world’s leading polluter and leading emitter of greenhouse gases. It insists that it has a right to emit as much as it wants in the future. China interprets the principle of “common but differentiated responsibilities” to mean that China has a responsibility to help avoid the harmful consequences associated with climate change, but that its responsibility is different from that imposed on the United States and the rest of the developed world. In fact, …
The Effectiveness Of Biodiversity Law, John C. Nagle
The Effectiveness Of Biodiversity Law, John C. Nagle
John Copeland Nagle
The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …
Chinese Law, Trade And The New Century, Robert C. Berring
Chinese Law, Trade And The New Century, Robert C. Berring
Robert Berring
China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions must …
China Since Tiananmen: The Labor Movement, Ching Kwan Lee, Eli D. Friedman
China Since Tiananmen: The Labor Movement, Ching Kwan Lee, Eli D. Friedman
Eli D Friedman
[Excerpt] The twenty years since 1989 have brought two major developments in worker activism. First, whereas workers were part of the mass uprising in the Tiananmen movement, albeit as subordinate partners to the students, labor activism since then has been almost entirely confined to the working class. While the ranks of aggrieved workers have proliferated (expanding from workers in the state-owned sector to include migrant workers) and the forms and incidents of labor activism have multiplied, there is hardly any sign of mobilization that transcends class or regional lines. Second, we observe that a long-term decline in worker power at …
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh
Pasha L. Hsieh
Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …
How To Shut Down A Foreign Invested Enterprise Legitimately?, Tao (Tim) Liang
How To Shut Down A Foreign Invested Enterprise Legitimately?, Tao (Tim) Liang
Tao LIANG
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen J. Mcintyre
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen J. Mcintyre
Stephen J McIntyre
While previous “law and film” scholarship has concentrated mainly on Hollywood films, this Essay examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama. Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet whereas Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, centering instead on the punishment of …
Challenges In Designing Public Procurement Linkages: The Case Study Of Smes Preference In China’S Government Procurement, Jianlin Chen
Challenges In Designing Public Procurement Linkages: The Case Study Of Smes Preference In China’S Government Procurement, Jianlin Chen
Jianlin Chen
Preferential treatment in government procurement, also known as procurement linkages, is a con-troversial yet popular tool to achieve socio-economic goals, most importantly, affirmative action for certain targeted groups. This Article utilizes the recently enacted small-medium enterprise (“SME”) procurement linkages in China to examine the pitfalls in the design of procurement linkages. Two major deficiencies of the Chinese regime impede effective implementation of procurement linkages. First, loopholes in the Chinese regulatory regime allow large enterprises to usurp the benefits meant for SMEs through the use of wholly owned subsidiaries and other corporate arrangements. Second, aggrieved suppliers face stringent procedural requirements and …
Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui
Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui
Jianlin Chen
The passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the “Regulation”) that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this Article makes the following three arguments. First, the “nationalization” provision in the Regulation is legally compatible with Chinese law that conceives of public property as state-owned property and not as property that requires public access. Second, a clear designation of the state as the manager of …
When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan
Erin Ryan
Brazil's Adhesion To The Cisg Consequences For Trade In China And Latin America, Edgardo Muñoz
Brazil's Adhesion To The Cisg Consequences For Trade In China And Latin America, Edgardo Muñoz
Edgardo Muñoz
Given Brazil’s current international trade volumes, its adhesion to the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) will mean an important step towards the globalization of international sales law. In this atmosphere of expectancy, a couple of questions come up: Is a further step towards globalization in this something to be celebrated? What are the consequences of Brazil’s adhesion to the CISG for global and regional trade? Before answering these questions through this chapter, we would like to make an introductory comment on globalization and its relationship with the CISG
The Enforceability Of Anti-Dilution Provisions In Private Placement Transactions In China, Tao (Tim) Liang
The Enforceability Of Anti-Dilution Provisions In Private Placement Transactions In China, Tao (Tim) Liang
Tao LIANG