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Articles 1 - 21 of 21
Full-Text Articles in Law
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Research Collection Yong Pung How School Of Law
Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements, Alvin W. L. See
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article argues that Wrotham Park damages, if it is to be preserved as a term of art, is best understood as compensating the claimant for losing the ability to sue for future infringements. The claimant’s loss, which is prospective in nature, arises because the court, in exercise of the jurisdiction conferred by Lord Cairns’ Act, decides to award damages in lieu of an injunction as a means of achieving finality in the settlement of the dispute. The damages award is both the source of and the remedy for the loss. The recent attempts at expanding the availability of the …
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 …
Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Research Collection Yong Pung How School Of Law
To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …
China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh
China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines trade negotiations and disputes between China and the United States. It begins by ascertaining the unique political aspects of China-U.S. bilateral economic ties and explains the historical background underlying the relations. The article then argues that trade frictions between China and the United States are unlikely to repeat the Depression-era trade wars. The article observes that both the Chinese and U.S. governments are aware that the adoption of WTO-inconsistent measures may result in retaliatory actions from the other side. Hence, the two governments have attempted to resolve potential disputes through high-level official talks. Even when certain issues …
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The question of Taiwan’s status has faced legal challenges from the one- China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of …
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim
Research Collection Yong Pung How School Of Law
Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …
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 …
China's Participation In The Wto: A Lawyer's Perspective, Henry Gao
China's Participation In The Wto: A Lawyer's Perspective, Henry Gao
Research Collection Yong Pung How School Of Law
On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …
Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao
Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao
Research Collection Yong Pung How School Of Law
To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …
The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao
Research Collection Yong Pung How School Of Law
While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since the World Trade Organization (WTO) was established, China his made large-scale efforts to shape its trade remedy system through legal and organizational changes. Through these changes, China could clarify the meanings of WTO anti-dumping provisions including the provision relating to the definition of domestic industry. Moreover, procedural disciplines on reviews were fortified in Chinese anti-dumping system. While the overall improvements to the trade remedy system of China are evident, definitions of several key legal terms, including the concept of related producers, the negligible import standard, and adjustment factors for a fair comparison between normal values and export prices are …
Labeling Genetically Modified Food: Comparative Law Studies From Consumer's Perspective, Christopher C. H. Chen
Labeling Genetically Modified Food: Comparative Law Studies From Consumer's Perspective, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article focus on the genetically modified food and labelling requirement. The relatively new technology raises some concerns over the safety of food containing genetically modified substance. The "substantial equivalent" doctrine, adopted by the U.S., and the "precautionary" doctrine, taken by the EU, represent two contradictory approaches to reconcile new biotechnology and consumer protection, a difference influenced by politics or food industry rather than by consumer attitudes. In this article, we argue that consumers cannot make their own choices and exercise market power without a certain degree of disclosure of information. However, even though food labelling is an effective way …
Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh
Facing China: Taiwan’S Status As A Separate Customs Territory In The World Trade Organization, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
On Nov 11, 2001, in Doha, Qatar, the Fourth Ministerial Conference of the World Trade Organization (WTO) unanimously approved Taiwan's application for WTO membership, just 24 hours after approving China's admission. Taiwan's choice as the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, abbreviated as Chinese Taipei, in the WTO, instead of its official name, Republic of China (PRC), shows its reluctant compromise with political reality. The PRC's claim that accession procedures applying to Taiwan and Hong Kong should be identical erroneous because, under international trade law, the ROC is the automatic government acting on behalf of Taiwan and …
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Non-Violation Complaints: Wto Issues And Recent Free Trade Agreements, Locknie Hsu
Research Collection Yong Pung How School Of Law
The proliferation of free trade agreements (FTAs) in the last decade has resulted in an accompanying increase in dispute settlement regimes pertaining to those agreements. One obvious consequence is that increasingly, states are exposing themselves to such complaints, and not necessarily with the limitations that have been imposed on the at General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO). The inherent ambiguity surrounding non-violation complaints at the WTO, and other risks relating to such complaints, are being multiplied manifold by these FTAs. The non-violation concept appears to have originated even before the GATT came into being. Developing-country FTA …
Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao
Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao
Research Collection Yong Pung How School Of Law
On 29 June 2003, the Central Government of the People's Republic of China (the Mainland) and the Hong Kong Special Administrative Region (HKSAR) signed the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA). As the first Regional Trade Agreement (RTA) for both sides, the CEPA provides a model for China to use the arrangements allowed under the rules of the World Trade Organization (WTO) to further trade liberalisation and promote economic development. This is a commendable endeavour. However, due to the complexity of the relevant rules of the WTO, caution must be exercised in the formulation and implementation of …