Law Commons^™

Regional Headquarters Schemes By China’S Ministry Of Commerce And The Shanghai Municipal Government: Differences, Limitations, And Possible Combinations, Benjamin Kroymann

The University of New Hampshire Law Review

[Excerpt] "As large multinational companies (“MNCs”) are continuously extending their Chinese market presence, many are considering moving their Asian-Pacific Headquarters to China. In an attempt to attract MNCs’ Regional Headquarters to Mainland China, the Chinese central government is not only faced with competition from regional hubs, such as Singapore and Hong Kong, but also from internal rivals, such as the Shanghai and Beijing municipal governments.

This article analyzes recently passed regulations on the establishment of Regional Headquarters by MNCs in China at the national and the municipal level. The focus will be on Shanghai’s set of regulations, issued in 2002 …

China's New Automobile Policy Fails To Comply With Its Wto Commitments, Jean Wang

ExpressO

China enacted a new automobile policy in June 2004 to guide the direction of its automotive industry. However, its new laws create obstacles to foreign car manufacturers that contravene China's promises to the WTO. Moreover, China's ultimate goal is to become the leader into automobile production and is trying to achieve this goal through non-market means.

Is It A Subsidy? An Evaluation Of China's Currency Regime And Its Compliance With The Wto, Matthew R. Leviton

ExpressO

No abstract provided.

China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy

San Diego International Law Journal

[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.

Aaron Peron Ogletree On The Tiananmen Papers Compiled By Zhang Liang, Edited By Andrew Nathan And Perry Link. New York: Public Affairs, 2001. 513pp., Aaron Peron Ogletree

Human Rights & Human Welfare

A review of:

The Tiananmen Papers compiled by Zhang Liang, edited by Andrew Nathan and Perry Link. New York: Public Affairs, 2001. 513pp.

Informal Rules, Transaction Costs, And The Failure Of The “Takings” Law In China, Chenglin Liu

Faculty Articles

The enforcement of China’s new takings law has failed. In the unbalanced tug-of-war between individual homeowners and deep pocketed developers, the government sided with the latter by changing zoning plans to fit commercial development, authorizing forced evictions, deploying judicial police to execute eviction orders, lowering compensation standards, instructing courts not to hear cases involving demolitions, blocking class actions, and more. Many Chinese scholars argue that lackluster enforcement can be remedied by a well-drafted property code. However, applying the New Institutional Economics’ (NIE) theory on institutions to the enforcement failure associated with the takings law draws attention to informal complaints, which …

Cross-Border Securitized Transactions: The Missing Link In Establishing A Viable Chinese Securitization Market, Nicholas J. Faleris

Northwestern Journal of International Law & Business

This article proposes that asset-backed securitization in China could be jump-started by first focusing on cross-border (sometimes called transnational) securitization, and by establishing a dependable group of regional investors. Cross-border securitization transactions would enable China to experiment with various packaging of state-owned securities on a trial basis through a transaction-by-transaction process. Thus far, the focus has been specifically on reforming the legal infrastructure so that China eventually would be able to attract investors and capitalize on an emerging market. Rather than attempting to both build an infrastructure and attract asset-backed securitization investors with large, sweeping changes, the market would be …

How Do We Know When An Enterprise Exists? Unanswerable Questions And Legal Polycentricity In China, Donald C. Clarke

GW Law Faculty Publications & Other Works

One of the most perplexing aspects of Chinese enterprise law concerns the conditions under which state institutions will acknowledge and give effect to the existence of a business organization distinct from the natural or legal persons that participate in its operations. The answer might appear to be simple - they will do so whenever legally stipulated conditions are met - but this answer would be wrong. State institutions often give real and meaningful effect to the existence of entities with no apparent statutory basis, or whose legal basis dictates consequences that seem at odds with the consequences called for by …

Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma

Animal Law Review

The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.