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Articles 1 - 7 of 7
Full-Text Articles in Social and Behavioral Sciences
Liquidated Damages In The New Civil Code Of China: Underpinnings, Confusion, And Reforms, Wei Wen
Liquidated Damages In The New Civil Code Of China: Underpinnings, Confusion, And Reforms, Wei Wen
University of Pennsylvania Asian Law Review
The new Civil Code of the People’s Republic of China (“the Code”), enacted by the National People’s Congress (“NPC”), is now the most authoritative statute in private law matters. The Code has three rules for liquidated damages. The first rule gives contracting parties the freedom to agree on this remedy and enjoy its convenience and clarity. It reduces the burden of proof, saves judicial resources, and respects freedom of contract. The second rule lets contracting parties request the courts to increase or reduce pre-set amounts that are disproportionate to the losses caused by breaches. This unique and flexible mechanism balances …
River Water Regulation In India: The Challenges Of The Entangled State, Mia M. Rahim, Guy C. Charlton, Abhay Kanwar
River Water Regulation In India: The Challenges Of The Entangled State, Mia M. Rahim, Guy C. Charlton, Abhay Kanwar
University of Pennsylvania Asian Law Review
The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a “state of entanglement” which cannot be addressed without invoking the unique way the Indian state is embedded within Indian society. This Article suggests that public interest litigation and increased participation for stakeholders and the common people may offer an effective mechanism to overcome the obstacles of the entanglement of state and society in India.
Cross-Border Insolvency Cooperation Between Mainland China And Hong Kong Sar: The 2021 Arrangement And Its Improvement, Jingxia Shi
University of Pennsylvania Asian Law Review
As the world’s second-largest economy, China has become a critical venue for high-profile cross-border insolvency proceedings in recent years. The evolution of China’s insolvency law and the pertinent judicial practice, especially its cross-border aspects, remains in infancy. This development underscores the significance of the 2021 Arrangement between Mainland China and the Hong Kong Special Administrative Region (“Hong Kong SAR”) on crossborder insolvency cooperation (the “2021 Arrangement”). The Arrangement not only caters to the unique demands under the “One Country, Two Systems” policy but also incorporates legal advancements and institutional features from the 1997 United Nations Commission on International Trade Law …
Gambling In Territorial Hawaii, Robert M. Jarvis
Gambling In Territorial Hawaii, Robert M. Jarvis
University of Pennsylvania Asian Law Review
This article collects and discusses gambling cases decided during Hawaii’s territorial period (1898–1959). Previous commentators have overlooked these decisions, even though they provide a rich source of information about life during this distinct period of Hawaii’s history.
Regulating The Unregulated: The Beginning Of The End Of A Laissez-Faire Era Of The Crypto "Wild West", Bo Hyun Kim
Regulating The Unregulated: The Beginning Of The End Of A Laissez-Faire Era Of The Crypto "Wild West", Bo Hyun Kim
University of Pennsylvania Asian Law Review
The crypto market has been left largely unregulated on a global scale for over a decade. 1 Recently, multiple jurisdictions are aligning efforts to tame the increasingly volatile crypto “Wild West” as evidenced by the influx of forthcoming legislations, consultations between operators and regulators, and regulatory crackdowns. 2 A cross-comparative analysis of the regulatory framework in the United States, the European Union, and Korea indicates that the proposed scopes of legislations cover an expansive breadth of assets. However, there are further needs for supplementary regulations following the enactment of the newly proposed regulations to close certain critical gaps that remain …
Freedom Of Contract And M&A Termination Fees: Peculiar Case Of South Korea Vs. United States, Joseph Cho
Freedom Of Contract And M&A Termination Fees: Peculiar Case Of South Korea Vs. United States, Joseph Cho
University of Pennsylvania Asian Law Review
This manuscript offers a comprehensive survey of the liquidated damages regimes in the Republic of Korea and the United States, specifically within the framework of corporate mergers and acquisitions. In the Republic of Korea, liquidated damages play a crucial role in pre-estimating potential damages arising from contract breaches, offering numerous benefits such as reducing the creditor’s evidentiary burden and fostering contractual compliance. Notably, the Korean Civil Code provides checks against excessive predetermined damages. In contrast, the U.S. perspective is enriched by a series of case laws, emphasizing the compensatory intent of liquidated damages. A comparative analysis reveals intriguing intersections between …
An Absent "No" Is Not A "Yes": A Legal Analysis Of Consent In Japan's Amended Penal Code And International Rape Legislation Standards, Larissa Truchan
An Absent "No" Is Not A "Yes": A Legal Analysis Of Consent In Japan's Amended Penal Code And International Rape Legislation Standards, Larissa Truchan
University of Pennsylvania Asian Law Review
On June 16, 2023, the Japanese government passed a law to partially amend the Penal Code that explicitly outlines eight scenarios prosecutable as the crime of rape that make “it difficult for the victim to form, express, or fulfill the intention not to consent.” This article will reveal that the June 2023 amendment does not criminalize all “non-consensual sexual intercourse,” as its text suggests, but is premised on defining coercive circumstances that may interfere with a victim’s presumed duty to demonstrate their “intention not to consent.” As a result, Japanese courts will continue to possess the subjective power to determine …