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Full-Text Articles in Law
Will Firms Consider A European Optional Instrument In Contract Law?, Gary Low
Will Firms Consider A European Optional Instrument In Contract Law?, Gary Low
Research Collection Yong Pung How School Of Law
The diversity of contract laws is said by the Commission to discouragecross-border trade and hinder the development by SMEs of a pan-European commercialpolicy. An optional instrument containing both facilitative general contractrules and mandatory consumer protection rules, one of the solutions proposed by theCommission, is gaining rapid support from key stakeholders. Drawing from firms’own views on the problems of legal diversity, and insights from organisationalscience, this article sets out the circumstances in which firms will likely consider aEuropean optional code. Results are mixed: some firms may consider it, whileothers may ignore it. Much depends the firm’s aspirations (i.e. SMEs cannot beassumed …
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the legal framework governing economic relations between the United States and the Association of Southeast Asian Nations (ASEAN) and outlines a roadmap for a US-ASEAN Free Trade Agreement (FTA). Notwithstanding ASEAN’s emerging centrality in Asian regionalism, America remains the only Pacific power that has not concluded any form of FTA with ASEAN.This article explains that limited progress in Washington’s efforts stemmed from the domestic politics of the US Trade and Investment Framework Agreement (TIFA) approach and the Myanmar dilemma. It further analyses the challenges that the Trans-Pacific Partnership (TPP) Agreement negotiations have encountered and contends that the …
Japan’S Love For Derivative Actions: Irrational Behaviour And Non-Economic Motives As Rational Explanations For Shareholder Litigation, Dan W. Puchniak, Masafumi Nakahigashi
Japan’S Love For Derivative Actions: Irrational Behaviour And Non-Economic Motives As Rational Explanations For Shareholder Litigation, Dan W. Puchniak, Masafumi Nakahigashi
Research Collection Yong Pung How School Of Law
Not long ago, there was a consensus in the legal academy that the Japanese were irrational litigants. As the theory went, Japanese people would forgo litigating for financial gain because of a cultural obsession with maintaining social harmony. Based on this theory, it made perfect (but economically irrational) sense that Japanese shareholders let their U.S.-transplanted derivative action lay moribund for almost four post-war decades, while at the same time the derivative action was a staple of shareholder litigation in the United States.The 1980s brought a wave of law and economics to the scholarship of Japanese law, which largely discredited the …