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Articles 1 - 16 of 16
Full-Text Articles in Law
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
Death Sentences In The Great Qing, 1744-1840: Critical Note On Civilization In Comparison With England And Wales, Moulin Xiong, Ren Liu
University of Miami International and Comparative Law Review
Over the last centuries, the view on the death penalty in Qing China has been distorted, presenting a picture of abusive brutality and excessive cruelty, and thus was used as the critical pretext to establish immune extraterritorial jurisdictions. Nevertheless, the existing comments are more literary embellishments without empirical evidence, and few comparative and historical perspectives have been utilized to clarify the truth. In this study, we mined annual death sentence numerical data for the period 1744 to 1840 from official archives and literatures, deciphering the capital crimes in detail and ascertaining the longitudinal trend with population statistics. To reassess the …
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
University of Miami Inter-American Law Review
No abstract provided.
Resolving Corporate Insolvencies In China: The Gap Between Law And Reality, Dr. Zhang Zinian
Resolving Corporate Insolvencies In China: The Gap Between Law And Reality, Dr. Zhang Zinian
University of Miami International and Comparative Law Review
This article examines how corporate insolvencies in China, the second largest economy, are handled under the current legislation, the China Enterprise Bankruptcy Law of 2006. Relying on the fresh empirical data arising from the first ten years on the use of China’s three insolvency procedures, reorganization, composition and liquidation, this article reveals the huge gap between the law in the books and the law in action, arguing that the implementation of this law in China perhaps has not achieved the legislative objectives. The constitutional and institutional weaknesses affecting the application of this law are analyzed
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears
University of Miami Inter-American Law Review
“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
University of Miami International and Comparative Law Review
No abstract provided.
The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic
The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic
University of Miami Business Law Review
The global recession of 2008 appeared to end the honeymoon between globalization and the reduction of international trade barriers. This was especially visible in the European Union, which saw a surge of conservatism as European economies suffered. With the EU unable to assist its members, the countries turned to China for financial aid. In return, China saw this as its chance to enter the EU using the engine of its newly–formed superpower status–its economy. From loans and financial aid to foreign direct investments (FDI), China began to pour money into the EU market. The poorer EU members accepted this money …
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen
University of Miami Business Law Review
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in the world, made the Article 95 reservation at the time they ratified the CISG, therefore restricting CISG’s applicability in certain situations. In 2013, China withdrew its Article 96 reservation, which declares its non-recognition of free form of contract formation, taking one step closer to the vast majority of …
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
Where Law Meets Culture: The Legal Protection Of The Dead In China, Bing Shui
University of Miami International and Comparative Law Review
No abstract provided.
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
University of Miami International and Comparative Law Review
The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
Chinese Contract Formation: The Roles Of Confucianism, Communism, And International Influences, Amy Lee Rosen
University of Miami International and Comparative Law Review
China has opened its doors to the world so understanding Chinese contract law is crucial to succeeding in international business transactions. The United States and China are both signatories to the United Nations Convention on Contracts for the International Sale of Goods (CISG), and both nations have declared that neither are bound under Article 1(1)(b), which means that if a contractual conflict arises, the domestic law of either nation may apply when interpreting the contract. China only requires offer and acceptance whereas the United States requires mutual assent and consideration, so contract interpretation may be problematic. Beyond offer and acceptance, …
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
Not In It For The Long Run: China's Solution For Compliance With Trips Requires More Than A Nine-Month Campaign, Devon Spencer
University of Miami International and Comparative Law Review
No abstract provided.
Student Article: The Chinese Legal System Made Easy: A Survey Of The Structure Of Government, Creation Of Legislation, And The Judicial System Under The Constitution And Major Statutes Of The Prc, Marc Rosenberg
University of Miami International and Comparative Law Review
No abstract provided.
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Articles
Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Norms And Property In The Middle Kingdom, Glenn R. Butterton
Articles
No abstract provided.