Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- CCP (1)
- China (1)
- China-Australia Free Trade Agreement (1)
- Chinese (1)
- Chinese Communist Party (1)
-
- Chinese Rule of Law (1)
- Chinese contract law (1)
- Choice of law (1)
- Commercial dispute resolution (1)
- Conflict of laws (1)
- Contract Law of China (1)
- Contracts (1)
- EU (1)
- European Union (1)
- FTA (1)
- Foreign Economic Contract Law (1)
- General Principles of Civil Law (1)
- International mergers (1)
- Merger control review (1)
- Mergers (1)
- Model Law of Private International Law of China (1)
- WTO (1)
- Western Rule of Law (1)
- World Trade Organization (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy
Fundamentally Conflicting Views Of The Rule Of Law In China And The West & (And) Implications For Commercial Disputes, Benedict Sheehy
Northwestern Journal of International Law & Business
This paper is an examination of the notions of law, the Rule of Law, and commercial practice in the West and China. The paper outlines the basic philosophical principles and legal concomitants of the Rule of Law, and the corollary Chinese principles and concomitants. It examines the traditions, differences, and similarities in thinking about the issues in each tradition. It then examines the implications of these differences in commercial dispute resolution. After this discussion of traditions, similarities, and differences and their impact on commercial dispute resolution, the paper turns to address how the discrepancies could be dealt with in the …
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Northwestern Journal of International Law & Business
While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger …
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Northwestern Journal of International Law & Business
This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What …