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Articles 1 - 30 of 716
Full-Text Articles in Social and Behavioral Sciences
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Hatfield Graduate Journal of Public Affairs
Competition between the United States and China is at an all-time high. Despite decades of diplomacy between the East and West, recent trends suggest the two powers are drifting further apart. To understand US-China relations, it is critical to understand major developments as they occur. This paper examines the geopolitical significance of United States v. Meng (2020), an extradition case in which US authorities requested the transfer of Chinese tech executive Meng Wanzhou to American jurisdiction. Despite US policymakers declaring Meng and Huawei to be threats to national security, the eventual dismissal of all charges Meng faced presents a puzzle …
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich
Drawing The Line Of Scrimmage: Global Perspective Of Daily Fantasy Sports In The Advertising Space, Michael Sekich
Penn State Journal of Law & International Affairs
No abstract provided.
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen
Budding Solutions: Weeding Out Obstacles To Bankruptcy Protections For Marijuana Ventures, Jessica Lowen
Penn State Journal of Law & International Affairs
No abstract provided.
Environmental, Social, And Governance (Esg) Reporting: Attempting To Bridge The Gap On Reporting Standards And The Need For Uniform Standards, Emilee Kula
Penn State Journal of Law & International Affairs
No abstract provided.
Data Privacy And China's “Super App” Wechat, Wan Li
Data Privacy And China's “Super App” Wechat, Wan Li
Penn State Journal of Law & International Affairs
No abstract provided.
The Trips Trap Revisited, Roya Ghafele, Adam Chaddock
The Trips Trap Revisited, Roya Ghafele, Adam Chaddock
Penn State Journal of Law & International Affairs
No abstract provided.
Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen
Sovereignty As Responsibility With References To The Framework Of R2p, Tor Dahl-Eriksen
Penn State Journal of Law & International Affairs
No abstract provided.
Table Of Contents
Penn State Journal of Law & International Affairs
No abstract provided.
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Research Collection Yong Pung How School Of Law
For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …
The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki
The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki
Research Collection School Of Accountancy
In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …
Regulation Of Standards In Technology Markets Between Competition Policy And International Trade - The Chinese And European Experience (Foreword), Paolo Davide Farah
Regulation Of Standards In Technology Markets Between Competition Policy And International Trade - The Chinese And European Experience (Foreword), Paolo Davide Farah
Book Chapters
The regulation of standard setting varies significantly across regions and covering and comparing in detail the EU and Chinese regimes is an interesting decision and illustrates how two highly bureaucratic systems address the regulation of technological advancements.
The analysis demonstrates how not only legal and economic considerations play a role in the regulation of standards, but also and most importantly political ones. The “openness” of China’s standardization is a telling example in this regard. China created a specific system for standard setting and invested heavily in high-tech industries. Initially, the State backed the industry to support the creation of a …
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China’s image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China’s perspective on WTO been evolving? What are the reasons behind China’s changing perspective? This chapter addresses these questions from the Chinese perspective with a comprehensive analysis of the key moments in China’s first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
Energy governance at the international level is fraught with difficulties due to the 'competition among purposes' between different bodies of international law. In this paper, we extend this thesis to argue that the same tension may be found in domestic energy governance. Drawing from China's experience in the governance of climate change and energy transition, we analyse how the misalignment of incentives between different actors and the incomplete market reform led to a drastic shift in policy in 2021. We also compare the different approaches in China's energy governance and trade governance and draw some general lessons on how developing …
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk
The “Deliberate Indifference” Standard Of Mental Health Care: How It Fails Unaccompanied Minors Seeking Asylum, Karina Virk
Penn State Journal of Law & International Affairs
No abstract provided.
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Must China Pay? How Claims Against China For Covid-19 Reveal Flaws In The International Legal System That Make Accountability Impractical, Talia Danielle Sturkie
Penn State Journal of Law & International Affairs
No abstract provided.
Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee
Semi-Presidentialism: A Pathway To Democratic Backslide, Connor Mcafee
Penn State Journal of Law & International Affairs
No abstract provided.
A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero
A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero
Penn State Journal of Law & International Affairs
No abstract provided.
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj
Enforcing Arbitral Awards Against States And The Defense Of Sovereign Immunity From Execution: A U.S. Perspective, Ylli Dautaj
Penn State Journal of Law & International Affairs
No abstract provided.
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
The Jus Ad Bellum In Cyberspace: A New Framework, M. Walker Brunner
Penn State Journal of Law & International Affairs
No abstract provided.
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell
Taking Exception To Criminal Justice Reforms That Fail To Transform: Using Transitional Justice To End The Carceral State, Angela A. Allen-Bell
Penn State Journal of Law & International Affairs
No abstract provided.
Table Of Contents
Penn State Journal of Law & International Affairs
No abstract provided.
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
Baker Scholar Projects
Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …