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University of Pennsylvania Carey Law School

East Asia Law Review

2013

Articles 1 - 4 of 4

Full-Text Articles in Law

Challenges And Opportunities For The Indonesian Securities Takeover Regulations: A Comparative Legal Analysis, Yozua Makes Apr 2013

Challenges And Opportunities For The Indonesian Securities Takeover Regulations: A Comparative Legal Analysis, Yozua Makes

East Asia Law Review

This article examines the extent to which the rules in Indonesia concerning the takeover of a publicly listed company: (1) facilitate an efficient exchange of shares in the capital market with fair protection for all stakeholders in a takeover transaction pursuant to Good Corporate Governance (“GCG”) principles; and (2) uphold principles and protection provided by the securities laws of more developed jurisdictions. These issues are addressed by analyzing the prevailing securities regulations and GCG rules in Indonesia. A comparative discussion of laws and regulations in Indonesia and the Netherlands follows. The article highlights several important findings from which the Indonesian …


China's Orphan Welfare System: Laws, Policies And Filled Gaps, Anna Jane High Apr 2013

China's Orphan Welfare System: Laws, Policies And Filled Gaps, Anna Jane High

East Asia Law Review

This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is first contextualized by an introduction to the demographics of children cared for in state and non-state welfare institutions; prevailing social and cultural attitudes to their rights and entitlements; and the complex nexus between the politically high-stake issue of birth planning and the arguably consequent vulnerability of such children. The article then introduces formal laws and policies relating to the care of orphans, including government duties and …


15 Years Of The Handover: The Rise, Discontent, And Positive Interaction Of Cross-Border Arbitration In Hong Kong With Mainland China, Weixia Gu Jan 2013

15 Years Of The Handover: The Rise, Discontent, And Positive Interaction Of Cross-Border Arbitration In Hong Kong With Mainland China, Weixia Gu

East Asia Law Review

Since the sovereignty handover and establishment of the Hong Kong SAR in 1997, Hong Kong has faced the dual challenges of balancing her need to facilitate a cross-border arbitration regime which is compatible with Mainland China under the principle of “one country, two systems”, and promoting herself as an international arbitration center. The two goals are at times incompatible, as accommodating the localized needs and standards of Mainland China often requires Hong Kong courts to be more “flexible” than established international arbitration standards would allow. This Article attempts to give a comprehensive analysis of the above problems. First, this Article …


Navigating Adroitly: China's Interaction With The Global Trade, Investment, And Financial Regimes, Ross P. Buckley, Weihuan Zhou Jan 2013

Navigating Adroitly: China's Interaction With The Global Trade, Investment, And Financial Regimes, Ross P. Buckley, Weihuan Zhou

East Asia Law Review

This article explores who has most skillfully used the rules of the global economic regime — China, or the nations whose companies invest in her? We first analyze China’s adoption and implementation of WTO commitments in the automotive industry and the cultural goods sector. We then consider the liberalization of China’s foreign direct investment (FDI) scheme and China’s use of FDI as a vehicle to acquire foreign technology, while also restricting FDI to protect the domestic banking sector. Finally, we analyze China’s engagement with the international financial regime, particularly its exchange rate policy, and whether this too represents a strategic …