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Articles 1 - 15 of 15
Full-Text Articles in Social and Behavioral Sciences
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political …
Policy Analysis: A Rich Array Of Country And Comparative Insights, Joselyn Muhleisen, Ishani Mukherjee
Policy Analysis: A Rich Array Of Country And Comparative Insights, Joselyn Muhleisen, Ishani Mukherjee
Research Collection School of Social Sciences
The International Library of Policy Analysis (ILPA) series, edited by Iris Geva-May and Michael Howlett, is a collection of books assessing the state of the discipline of policy analysis in eight countries. The books address the academic development of policy analysis, its practical applications, the diverse range of actors involved, and pertinent academic instruction. Alhough the state of policy analysis - and, importantly, the state of policy analysis scholarship - varies considerably in the countries studied, the series is able to sythesise existing knowledge through empirical research and institutional analyses of the governmental and non-governmental organisations that provide policy advice …
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …
Legal Risk And Investor Protection For Retail Investment Products: An Empirical Study Of Lawsuits Regarding Mutual Funds And Structured Notes In Taiwan, Christopher C. H. Chen
Legal Risk And Investor Protection For Retail Investment Products: An Empirical Study Of Lawsuits Regarding Mutual Funds And Structured Notes In Taiwan, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article analyses the results of 322 lawsuits regarding retail mutual funds and structured notes in Taiwan between 2000 and 2012 and their relationship with other factors such as investors’ personal characteristics, main arguments and causes of action. This article has the following major findings: (1) the winning rate for investors was quite low, meaning that banks face low legal risk from misselling claims; (2) investors were not better off by filing a complaint to the Banker’s Association; (3) we have not proved the courts showing preference for investors with certain personal traits due to limited information available; (4) a …
Long-Term Health Effects Of Malaria Exposure Around Birth: Evidence From Colonial Taiwan, Simon Chang, Belton Fleisher, Seonghoon Kim, Shi-Yung Liu
Long-Term Health Effects Of Malaria Exposure Around Birth: Evidence From Colonial Taiwan, Simon Chang, Belton Fleisher, Seonghoon Kim, Shi-Yung Liu
Research Collection School Of Economics
In the early 20th century, the Japanese colonial government initiated an island-wide malaria eradication campaign in Taiwan, resulting in not only a rapid decline in malaria across time but also elimination of disparity across regions. Exploiting variations in malaria deaths caused by the campaign, we estimate causal effects of malaria exposure around birth on the health of elderly born in the colonial period. To mitigate potential biases caused by measurement errors and omitted confounders, we employ climatic factors to instrument for malaria deaths. Our findings suggest that people who were exposed to a high malaria risk around birth tend to …
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
The purpose of this article is to analyse relevant judicial decisions in Taiwan regarding structured notes sold to retail investors. Regarding pre-sale disputes, one issue was that investors failed to read contractual documents properly before signing contracts, so there was a question whether they could later claim a bank’s violation of its duty to explain. This article favours the view that an investor’s signature may exempt a bank’s duty, provided that investors are made aware of relevant warnings. In addition, for suitability assessment, relevant judgments show that customers were too easily classified as active investors based on a simple questionnaire. …
The Derivative Action In Asia: A Complex Reality, Dan W. Puchniak
The Derivative Action In Asia: A Complex Reality, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
This Article uses the derivative action in Asia as a lens for re-evaluating the foundational theories of Asian and comparative corporate law. It begins by demonstrating that the cultural theory of “Asian non-litigiousness” provides scant explanatory or predictive value for either the evolution or function of the derivative action in Asia’s leading economies. As such, this Article suggests that the theory of Asian non-litigiousness should be relegated to the dustbin of academic history. Without the black box of Asian culture to erroneously explain away potential differences between “Asian” and “Western” derivative actions, the reality of the derivative action in Asia’s …
Going Beyond The Multicultural Experience-Creativity Link: The Mediating Role Of Emotions, Chi-Ying Cheng, Angela K. Y. Leung, Tsung-Yu Wu
Going Beyond The Multicultural Experience-Creativity Link: The Mediating Role Of Emotions, Chi-Ying Cheng, Angela K. Y. Leung, Tsung-Yu Wu
Research Collection School of Social Sciences
This research examines the mediating role of emotions implicated in the multicultural experience—creativity link. We propose that when individuals are dealing with apparent cultural contradictions upon encountering two cultures simultaneously, mentally juxtaposing dissonant cultural stimuli could lower positive affect or increase negative affect, which could in turn induce a deeper level of cognitive processing of cultural discrepancies and inspire creativity. Two studies compared dual cultural exposure versus single cultural exposure among bicultural Singaporeans (Study 1) and compared self-relevant (jointly presenting local and foreign cultures) versus self-irrelevant (jointly presenting foreign cultures only) dual cultural exposure among monocultural Taiwanese (Study 2). As …
Communicating Crisis: How Culture Influences Image Repair In Western And Asian Governments, Yvonne Siew‐Yoong Low, Jeni Varughese, Augustine Pang
Communicating Crisis: How Culture Influences Image Repair In Western And Asian Governments, Yvonne Siew‐Yoong Low, Jeni Varughese, Augustine Pang
Research Collection Lee Kong Chian School Of Business
Purpose: The purpose of this paper is to seek to understand the differences in image repair strategies adopted by two governments that operate in the Western and Asian societies when faced with similar crises. Design/methodology/approach: Textual analyses are presented of communication of Hurricane Katrina and Typhoon Morakot by the Taiwanese and US governments, respectively. Findings: Faced with similar accusations of slow response, the Asian culture, represented by the Taiwanese Government, used predominantly mortification and corrective action strategies. The Western culture, represented by the US Government, used predominantly bolstering and defeasibility and a mixed bag of other strategies such as shifting …
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
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 …
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu
Research Collection Yong Pung How School Of Law
As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considered to be an important breakthrough in diplomacy for the past decades. Notwithstanding its WTO membership, the Taiwanese Government has employed numerous trade …
A Missing Part In International Investment Law: The Effectiveness Of Investment Protection Of Taiwan's Bits Vis-À-Vis Asean States, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Taiwan, classified as an “unrecognized state” or an “entity sui generis” by most international law scholars, has been excluded from most major international organizations and agreements for decades. This diplomatic isolation has had a negative influence on the protection of Taiwan’s overseas investments. This Article explores the six bilateral investment treaties (“BITs”) that the Taiwanese government has reached with the Association of Southeast Asian Nations (“ASEAN”) States and compares the weaknesses of the Taiwanese agreements with the investment frameworks established within ASEAN States. This Article concludes that Taiwan’s BITs with six ASEAN Member States fail to serve the very aim …
Salespeople's Renqing Orientation, Self-Esteem, And Selling Behaviors: An Empirical Study In Taiwan, Ming-Hong Tsai, Shu-Cheng Steve Chi, Hsia-Hua Hu
Salespeople's Renqing Orientation, Self-Esteem, And Selling Behaviors: An Empirical Study In Taiwan, Ming-Hong Tsai, Shu-Cheng Steve Chi, Hsia-Hua Hu
Research Collection School of Social Sciences
The purpose of this study was to investigate how salespeople's renqing orientation and self-esteem jointly affect their selling behavior.Data were obtained from a survey of salespeople from 17 pharmaceutical and consumer-goods companies in Taiwan (n = 216).Salespeople's renqing orientation (i.e., their propensity to adhere to the accepted norm of reciprocity) compensates the negative effect of self-esteem on their selling behaviors, such as adaptive selling and hard work.Our study results underscore the critical role of the character trait of renqing orientation in a culture emphasizing a norm of reciprocity. Therefore, it would be useful to consider a strategy of recruiting salespeople …
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …
The Development Of Social And Cultural Geographies In Taiwan: Knowledge Production And Social Relevance, Hsin-Ling Wu, Sue-Ching Jou, Lily Kong
The Development Of Social And Cultural Geographies In Taiwan: Knowledge Production And Social Relevance, Hsin-Ling Wu, Sue-Ching Jou, Lily Kong
Research Collection School of Social Sciences
Social and cultural geographies have long occupied a marginal position in Taiwan's scholarship in the humanities and social sciences. Despite the influence of the so-called ‘cultural turn’ that has characterized much of Anglo-American scholarship since the 1990s (Barnett 1998), Taiwan's scholarship in the social sciences in general and human geography more specifically has remained relatively untouched by these intellectual currents till very recent years. This paper seeks to examine the social, intellectual and institutional contexts that explain this marginalization, and consider the possibilities for social and cultural geographies' emergence from marginality in Taiwan in the future. This possibility is considered …