Law Commons^™

Protectionism Or Rule Of Law? - A Comparison Between Us And Prc National Security Review Regime, Tao (Tim) Liang

Tao LIANG

China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan

Han-Wei Liu

Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if General Agreement …

Revising The Law-Growth Hypothesis: A Case Study Of Reform-Era China, Alice Xie

Alice Xie

The law-growth hypothesis, which holds that the rule of law is essential to economic growth, has been a cornerstone of development and political thought for decades. China, which has broken historic records in GDP growth despite lacking the rule of law, challenges this conventional wisdom. While China has received increasing attention with respect to the hypothesis, this paper is among the first to holistically examine its economic and legal development since the onset of the post-Mao reforms. I argue that China’s legal-economic development followed three stages. First, early growth occurred through spontaneous illegal economic activity. Next, successful private sector expansion …

Get Busy Living Or Get Busy Dying: Waiting For The Death Penalty, A Comparison Of The Appeals Process In The United States And The People’S Republic Of China, Derrick Yan Kit Wong

Derrick Wong

This paper looks at the death penalty in the United States and China with a comparison of the judicial system in each country. The paper examines the speed at which China processes their death penalty cases and the delay in the US system. The purpose of the paper is to show that because of the delays in the US system, the financial burden to the taxpayer is increased and is not viewed as deterrence. If the US were to adopt a portion of the Chinese judicial system efficiency without sacrificing due process, then the death penalty can be a deterrent …

Expanding Secured Credit For Firms In China: Is The Floating Charge An Appropriate Transplant?, Mark Williams, Haitian Lu

Haitian LU

Despite the global trend in favour of a notice-filing system for secured credit advances to firms secured on personal property, China adopted new provisions embodying the essential characteristics of the English floating charge in the country’s first comprehensive Property Law in 2007. This article traces the development and essential characteristics of the floating charge in England, the reason for China’s adoption of this security device, and considers whether this transplant provides Chinese borrowers and lenders with a useful addition to credit-security system that will aid further economic expansion. We follow the legal transplantation literature to analyse the Chinese security regime, …

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Cynthia M Ho

No abstract provided.

Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo

Margaret Y. K. Woo

This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.

Dreaming In Chinese: Accountable Development, Barbara L. Bezdek

Barbara L Bezdek

Economic life in the PRC today is marked by rapid privatization, marketization, and urbanization. This triad of forces effects a profound restructuring of China's urban spaces and is giving rise to new forms of private, voluntary associations of citizens such as neighborhood campaigns of resistance to urban redevelopment. Civil society theory ascribes to such organizations outside of state control, the potential to constrain government officials by enabling citizens to express their collective interests more effectively, and to resist government encroachment more powerfully than they otherwise could. Because resort to China's courts has produced little protection for citizens' formal legal rights …

The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana

Shruti Rana

As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …

Open Sesame - Anatomy Of Regulatory Regime For Foreign Investment In China’S Private Health Insurance Market, Tao Liang

Tao LIANG

China-Raw Materials: Wto Rules On Chinese Natural Resources Export Dispute, Sonia E. Rolland

Sonia Elise Rolland

No abstract provided.

China's Engagement With The Security Council, Christopher James Mccabe Holland

Christopher J M Holland

China’s engagement with the UN Security Council has received close attention since its veto of UN action in Syria. Some commentators have argued that this veto signals the beginning of a more aggressive and independent China, and is an indication of its resilience to western and foreign pressure. However, this paper argues that the significance of China’s resistance to UN action should not be overstated.

The proposed intervention in Syria, like in Libya, was justified in legal terms on the basis of the doctrine of the “responsibility to protect” (R2P). Since the genesis of this doctrine at the turn of …

How To Address Privacy Concerns Of Internet Users?, Tao Liang

Tao LIANG

Chinese Investment In Africa: China’S Empathetic Support Of Poor And Despotic Regimes, And The Competition Western Companies Face, Richard W. Gove

Richard W Gove

This paper discusses the recent economic parallels and interconnections between China and the different nations in Africa, especially sub-Saharan Africa. In 2009, China surpassed the United States to become Africa’s largest trade partner, and China has committed to establishing stronger connections with African economies. Much of the increase in trade is a result of China’s thirst for oil and Africa’s desperate need for foreign investment. However, many legal issues surround Chinese involvement in Africa, especially public corruption, and the instability of African regimes has created political risk that leaves China with little competition and Africa with few alternatives. The main …

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Srividhya Ragavan

No abstract provided.

The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo

Margaret Y. K. Woo

This is a comparative study of the unemployment compensation schemes in China and in the U.S. The article emphasizes how the structure of unemployment scheme can add to or detract from the view of the unemployed as “worthy” or “unworthy.”

The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo

Lucy A. Williams

This is a comparative study of the unemployment compensation schemes in China and in the U.S. The article emphasizes how the structure of unemployment scheme can add to or detract from the view of the unemployed as “worthy” or “unworthy.”

Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen

Christopher Chao-hung CHEN

The purpose of this paper is to examine the liberalization of Taiwan’s capital market regarding cross-Taiwan-Strait listing of securities. Taiwan is in an advantageous position to compete with other Asian rivals to attract issuers and capital from China. However, the long political hostility ensures that there is little regulatory cooperation on both sides of the Taiwan Strait. Assuming that the creation of a cross-strait capital market is an unstoppable trend, this paper examines from the perspective of regulatory competition several regimes that may facilitate Taiwan to overcome regulatory obstacles arising from the special Sino-Taiwan relationship. This paper argues that regulatory …

Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo

Margaret Y. K. Woo

No abstract provided.

The Uniform Provisions Of Evidence: A Major Reform That Maintains China’S Judicial Traditions, John Capowski

John J. Capowski

No abstract provided.

Find The Way Out Of The Forest - An Update On Pe Regulation In China, Tao Liang

Tao LIANG

Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo

Margaret Y. K. Woo

How has the complex interaction of markets, law and development added or subtracted to the well-being of ordinary Chinese citizen? Specifically, this article examines how the development of a private market and accompanying legal structure resulted in Chinese women’s greater sense of rights entitlement and rights assertion. But abstract rights and the implementation of legal codes do not always mean rights adoption and neither does formal equality always translate into substantive equality. Through an analysis of 64 questionaires collected from legal aid litigants collected between the fall of 2002 and spring of 2003. The questionnaires unravel the complicated legal attitudes …

Golden Trails: A Roadmap Leading To China’S Internet Industry, Tao Liang

Tao LIANG

A Comparative Study On Human Embryonic Stem Cell's Patent-Eligibility In The United States, The European Patent Organization And China, Huan Zhu

Huan Zhu

Since human embryonic stem cells (hESCs) have entered the public’s view, a large number of ethical debates and moral concerns have been generated. However, these concerns have not stifled advances in biotechnology regarding hESCs. Thanks to its scientific potential and therapeutic values, scientists from all over the world contribute both funding and time to investigate hESCs and additionally seek protection for their research inventions and methods. The patent system is a known mechanism to provide this protection and promote science by granting the patentee exclusive rights to the inventions while requiring public disclosure. However, due to the intrinsic relation of …

Rmb Comes Back Home, Tao Liang

Tao LIANG

Consumer Finance And Financial Repression In China, Evan B. Oxhorn

Evan B Oxhorn

China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This short Article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer …

Consumer Finance And Financial Repression In China, Evan B. Oxhorn

Evan B Oxhorn

China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This short Article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer …

Compromissos Assumidos Por Grandes E Médias Economias Em Acordos Preferenciais De Comércio: O Contraponto Entre A União Européia E Estados Unidos E China E Índia, Michelle R. Sanchez-Badin Mrs.

Michelle R Sanchez-Badin Mrs.

A cada ano, de dez a 15 novos acordos preferenciais de comércio (APCs) são notificados junto ao mecanismo de transparência da Organização Mundial do Comércio (OMC). Até maio de 2011, 297 era o número estimado pela organização de acordos em vigor. As grandes economias sempre foram tidas como os principais agentes deste movimento, mas crescentemente economias médias têm ocupado espaço neste cenário. Este artigo se propõe a fazer o primeiro mapeamento horizontal dos acordos de duas grandes economias, União Europeia (UE) e Estados Unidos da América (EUA), em contraponto a acordos selecionados de duas economias médias, Índia e China, com …

授予法理下的公共财产保护：新加坡实践经验的借鉴 [Safeguarding Public Property Under Givings Jurisprudence: A Comparative Study Of Singapore And China], Jianlin Chen, Jiongzhe Cui

Jianlin Chen

与美国仅仅强调私人财产权利不同，中国同时重视公共财产与私人财产两方面的保护。然而目前中国的理论界没有对政府处理公共财产的不同行为之间的细微差别进行深入地观察与区分，进而忽视了这些行为有可能潜在地将公共财产转移给私人的事实。授予法理(givings jurisprudence)有助于分析中国现行公共财产保护制度的优点与不足。通过展示如何在授予法理下有效地保护公共财产，新加坡的实践经验可以为我们提供一个很好的研究范例。 In contrast with the emphasis of private property protection in the United States, public property protection featured prominently in China’s communist-influenced legal discourse. However, Chinese academics and scholars have thus far failed to appreciate the nuanced nature of the different types of government actions and their potential of creating/distributing private wealth. This article utilizes the case study of Singapore to demonstrate how the givings jurisprudence (i.e. the emphasis of ensuring beneficiaries of government actions pay fair value of the benefits received) constitute a critical pillar in the protection of public property.

China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski

John J. Capowski