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Full-Text Articles in Law
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Necessary Reform Of Insurance Law In China After Its Wto, Kuan-Chun Chang
Syracuse Journal of International Law and Commerce
This paper will include five parts: Part I will clearly examine China's obligations under the General Agreement on Trade in Service and its WTO commitments through official WTO documents. Part II will briefly introduce the history of China's insurance business and relevant legislation, discuss the recent rapid growth in the Chinese insurance market, and reveal that, although the legal reform in insurance law and related regulations has been initiated, other reforms are still necessary to back the continuing growth of the insurance market. Part III will examine whether the Insurance Law of 2002 and related regulations have conformed with all …
China's New Cooperative Joint Venture Law, Timothy A. Gelatt
China's New Cooperative Joint Venture Law, Timothy A. Gelatt
Syracuse Journal of International Law and Commerce
In the decade since the People's Republic of China (PRC) began opening its doors to foreign investment in the late 1970s, several vehicles have been developed through which foreign firms may invest in the PRC to undertake manufacturing or service projects. The first vehicle to be officially offered to foreigners as a means for investment was the "equity" joint venture (EJV), which was given its legislative basis in a brief 1979 statute, since supplemented by detailed implementing regulations and substantial other legislation. The EJV is a limited liability4 joint venture company formed by one or more Chinese enterprises with one …
Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk
Syracuse Journal of International Law and Commerce
In an attempt to further enhance the investment environment in general, and the protection of intellectual property rights in specific, in January 1988 China promulgated two sets of detailed implementing rules under the Trademark Law and the Regulations on the Administration of Technology Import Contracts. This article will analyze these two developments in an effort to assess how they promote China's stated policy of using advanced technology to spur economic development and thus aid in its modernization efforts.
The Evolving Chinese Enterprise, James V. Feinerman
The Evolving Chinese Enterprise, James V. Feinerman
Syracuse Journal of International Law and Commerce
If, indeed, Chinese enterprises are becoming the equivalent of Western corporations, then what does Chinese corporate law look like? Are there corresponding legal enactments which support the historic decentralization of China's industrial production and embrace of market mechanisms? Briefly, the answer is, "Yes, there are Chinese laws which embody many of these changes." Recent legislation detailing the newest powers of Chinese enterprises and factory managers is, in fact, merely the latest lawmaking in an area which has seen prodigious activity since 1978. This article will first attempt to analyze the stages of economic and legal reform which have resulted in …
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
Syracuse Journal of International Law and Commerce
This article analyzes the 1984 UK-PRC agreement which returned Hong Kong to China, and argues that this unique experiment, involving fundamentally dissimilar societies, will permit Hong Kong to flourish and that the PRC must respect the terms of the agreement for sound economic, political, and diplomatic reasons.
The Joint Ventures Law Of The People's Republic Of China In A Legislated And Negotiated Tax Climate, Petersen N. Decker
The Joint Ventures Law Of The People's Republic Of China In A Legislated And Negotiated Tax Climate, Petersen N. Decker
Syracuse Journal of International Law and Commerce
This Note examines the JVL as a new law in a society historically hesitant to structure its business dealings with a legal framework or to allow outsiders access to domestic investment. In the context of the Chinese policy to expand international commercial agreements and technical capabilities, this Note further focuses on the impact of The Income Tax Law of the People's Republic of China Concerning Joint Ventures With Chinese and Foreign lnvestment (JVTL) and The Detailed Rules and Regulations For the Implementation of the Income Tax Law of the People's Republic of China Concerning Joint Ventures With Chinese and Foreign …
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Syracuse Journal of International Law and Commerce
This article intends to demonstrate the similarity of Japanese and Chinese attitudes towards contractual agreements by contrasting Japan-.P.R.C. agreements with Japan-United States and Japan-third world agreements. This similarity of attitudes, the structural support framework for bilateral trade, technology, and after-sales service can explain Japan's success in trading with the P.R.C.