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Full-Text Articles in Law
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Dalhousie Law Journal
During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt
Northwestern Journal of International Law & Business
Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Northwestern Journal of International Law & Business
These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …
Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang
Northwestern Journal of International Law & Business
The Open Door Policy instituted in the late 1970s marked the beginning of economic reform in the People's Republic of China ("China"). Leading these reforms was the establishment of five special economic zones i and the opening of fourteen coastal cities.2 These special economic zones ("SEZs") and coastal cities, located along the east coast of China, serve as "windows" to attract foreign investment and technology.' So far, each of the five SEZs and the fourteen coastal cities has been successful in achieving these goals.
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
Northwestern Journal of International Law & Business
As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.