Law Commons^™

An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu

Research Collection Yong Pung How School Of Law

As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considered to be an important breakthrough in diplomacy for the past decades. Notwithstanding its WTO membership, the Taiwanese Government has employed numerous trade …

The Challenge Of Chinese Environmental Law, Robert V. Percival

Robert Percival

China faces some of the most difficult environmental problems in the world as rapid industrial growth has produced horrendous air and water pollution. How China’s government responds to these challenges will have profound effects on the global environment. This essay discusses how Chinese environmental laws are evolving to cope with these problems and the severe obstacles that Chinese authorities face. It notes that the highly decentralized nature of China’s system of environmental laws makes it difficult for the central government to implement and enforce the laws. The essay concludes that, despite some progress, the lack of an independent judiciary and …

Vol. Vi, Tab 38 - Ex. 29 - Email From Jason Calhoun, Jason Calhoun

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Waste No Land: Property, Dignity And Growth In Urbanizing China, Eva M. Pils

Cornell Law Faculty Working Papers

The Chinese state does not allow rural collectives to sell land, but takes land from them and makes it available on the urban property market. While rural land rights are thus easily obliterated, the newly created urban rights in what used to be rural land enjoy legal protection. The state justifies these land takings by the need for urbanization and economic growth. The takings have resulted in an impressive contribution of the construction and property sector to state revenue and GDP growth, but also in unfairness toward peasants evicted from their land and homes. The example discussed here shows that …

Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke

San Diego International Law Journal

As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …

Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik

San Diego International Law Journal

This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.

Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri

Pier Giuseppe Monateri

The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.

Global Warming: A Second Coming For International Law?, Deepa Badrinarayana

Deepa Badrinarayana

This paper analyzes the role of international law in addressing global warming through the lens of a select number of compliance theories and rational choice theory. It presents an alternative view to the limits of international law in addressing climate change, i.e., that international law has created an economic dependency that has constrained the space for pursuit of traditional legal rights. In making this argument, this article examines the history oil exploration and climate policy. The article also makes some brief suggestions towards increasing the space for traditional legal rights.

The Scope And Application Of “General Principle Of Necessity” In Panel Report On China’S Protection Of Intellectual Property Rights, Navid R. Sato

Dr. Navid R Sato

World Trade Organization (WTO) as a leading global governance institution tremendously has affected the sovereignty of its Members by providing an institutional legal framework by which states can challenge sovereignty of each other. WTO Panels and the Appellate Body (WTO Tribunals) in order to “clarify existing provisions” of WTO Agreements and to bring “security and predictability” to the legal regime have put in practice some general principles such as due process or good faith and etc within the WTO adjudicatory system. One of the general principles that WTO tribunals have developed and established is “general principle of necessity” within the …

Legal Education Reform In China Through U.S.-Inspired Transplants, Matthew S. Erie

Journal of Legal Education

No abstract provided.

Combatants, W. Hays Park

International Law Studies

No abstract provided.

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.

Why Economic Performance Has Differed Between Brazil And China? A Comparative Analysis Of Brazilian And Chinese Macroeconomic Policy, Fernando Ferrari-Filho, Anthony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

This paper addresses a specific question: why has China grown so rapidly and Brazil not? To answer this question, it (i) establishes the basis for comparison between China and Brazil by contextualizing these countries within the BRICs concept, and (ii) presents a comparative analysis of Brazilian and Chinese reforms focusing only on the issue of macroeconomic policy, especially the monetary and exchange rate regimes, and its effect on growth.

Will Charter 08 Follow The Same Trajectory As Charter 77?, Anne Marie Morris

Anne Marie Morris

Charter 77 is viewed as a if not the predominant impetus for the dramatic shift from a communist authoritarian system to a democratic society in Czechoslovakia. With explicit reference to Charter 77 and the obvious namesake parallel, Charter 08 was published by a group of Chinese intellectuals and political leaders in December 2008, calling for reform of essential features of the Chinese political and legal system.

The question now is whether Charter 08 can and will set China on a similar trajectory as the path set for Czechoslovakia by Charter 77. Part I of this article will describe the history …

新加坡En-Bloc 程序与我国拆迁制度的立法完善, Jianlin Chen, Jiongzhe Cui

Jianlin Chen

本文从政府授予的角度出发,强调解决征地问题应更着重确保私人发展商无法从征地过程获取暴利而非单单加强私人财产权的保护,对中国和新加坡两国征用权的行使这个争议颇多的问题进行了比较性研究,旨在提出一个新模式,为被拆迁居民争取更多的补偿并消除私人开发商为一己私利而在拆迁过程中滥用权利的动机。

National Security Review Of Foreign Mergers And Acquisitions Of Domestic Companies In China And The United States, Kenneth Y. Hui

Cornell Law School Inter-University Graduate Student Conference Papers

China’s recently enacted Anti-Monopoly Law has received much academic attention. In particular, many articles and comments have been written about Article 31 of the Anti-Monopoly Law, a provision on national security review of foreign mergers and acquisitions of domestic companies. The provision has often been labelled as draconian and protectionist. This paper argues that Article 31 is not necessarily so. Article 31 is actually, to a large extent, in line with the national security provisions found in liberal economies. By taking a comparative approach, this paper will demonstrate the similarities between the national security laws in China and the United …

Why Will China Establish A Government-Sponsored Response Mechanism In Countervailing Games?, Julien Chaisse, Luan Xinjie

Julien Chaisse

In recent years China has faced numerous countervailing duty investigations among others by the United States and Canada . Reactions to countervailing measures are usually much more policy-oriented than market-oriented. Whereas the dominant strategies adopted by the individual exporting enterprises are usually not the payoff dominant ones, China is tending towards establishing a government-sponsored countervailing response mechanism (Gscrm). With the Gscrm, the bounded rationality of the export enterprises in the countervailing counter-action can be eliminated and therefore payoff dominant equilibrium in a countervailing-responding cooperation game can be achieved.

Is Labor Really Cheap In China - Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro

San Diego International Law Journal

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.

From Contracts To Compliance? An Early Look At Implementation Under China's New Labor Legislation, Virginia E. Ho

Virginia E Ho

In 2008, three new primary labor laws took effect in China that together represent the first major retooling of its labor legislation in fifteen years: the Labor Contract Law, the Labor Dispute Mediation and Arbitration Law, and the Employment Promotion Law. The new laws have attracted widespread attention from the international business community, labor advocates, and observers of China's ongoing legal reforms. However, whether the legislation can overcome and resolve fundamental implementation barriers remains largely the subject of speculation and debate. This Article offers a preliminary answer.

Drawing on the literature on corporate compliance and regulatory policy, it first describes …

Air Pollution As An Asset: China's Use Of The Kyoto Protocol's Clean Development Mechanism, Bryant Walker Smith

Bryant Walker Smith

This article, which examines the use of the Kyoto Protocol's Clean Development Mechanism (CDM) in the People's Republic of China, has two purposes. First, it places both China and the CDM in the larger context of international environmental law. Second, it analyzes and assesses China’s use of the CDM.

The article has six parts. Following a brief note about Taiwan, Part 3 discusses climate change and China. Part 4 tracks the global response to climate change, including the CDM. Part 5 examines the relationship between the CDM and China, and Part 6 concludes with a consideration of additional challenges present …

Cornerstone Investors And Initial Public Offerings On The Stock Exchange Of Hong Kong, Chee Keong Low

Fordham Journal of Corporate & Financial Law

No abstract provided.

Human Rights In China: Introduction, Hsiu-Lun Teng

Human Rights & Human Welfare

The People’s Republic of China has experienced rapid and cardinal changes in its political, economic, and societal realms over the past thirty years. These changes, in conjunction with China’s political and economic policies abroad, have left recognizable imprints on a variety of human rights issues. The human rights issues discussed in this digest cover both domestic and international dimensions.

A Proposal For Change In Immigration Policy: Asylum For Traditionally Married Spouses, Tamika S. Laldee

Case Western Reserve Journal of International Law

No abstract provided.

Review Of Trial Of Modernity: Judicial Reform In Early Twentieth Century China, 1901-37, By Xiaoqun Xu, Nicholas C. Howson

Reviews

Observing these significant legal-political debates in the Chinese press and academy in the first decade of the twenty-first century, we might think they concern battles started only in the last decade and a half of Reform-era China. Now Professor Xu Xiaoqun reminds us that these struggles have a much longer pedigree, stretching back to the end of the nineteenth century and China's first fraught encounter with "the West" and one idea of "modernity."

The Chinese Regulatory Licensing Regime For Pharmaceutical Products: A Law And Economics Analysis, Qing Zhang

Michigan Telecommunications & Technology Law Review

China's pharmaceutical market has expanded dramatically in the past twenty years and is expected to become the largest in the world by the year 2050. However, entry to the market remains difficult for many international pharmaceutical manufacturers due to the country's costly and complicated regulatory licensing requirements. This Article provides an overview of the regulatory licensing regime for pharmaceutical products in China. Then, the Article evaluates three key features of the regulatory licensing regime through a law and economics approach. These features include the use of licensing, as contrasted with alternative regulatory and non-regulatory mechanisms; the standards to be met …

Administrative Governance As Corporate Governance: A Partial Explanation For The Growth Of China's Stock Markets, David A. Caragliano

Michigan Journal of International Law

This Note argues that during the first decade of stock market development (roughly 1990-2000) Chinese institutions, which emphasized administrative direction and control, functioned in lieu of legal and financial institutions. Preexisting modes of administrative governance introduced incentives that mitigated information asymmetry problems inherent in initial public offerings (IPOs) and contributed to enhanced market valuation during the post-IPO phase. The author focuses on two sui generis Chinese institutions employed during this time period: the quota system for equity share issuance and the Special Treatment (ST) system for underperforming issuers. In short, the thesis is that administrative governance substituted for corporate governance.

Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu

Barry Law Review

Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …

Is China A ‘Currency Manipulator’?: The Legitimacy Of China’S Exchange Regime Under The Current International Legal Framework, Bryan Mercurio, Celine Sze Ning Leung

Bryan Mercurio

While most economists are in agreement that China’s currency is undervalued, economists are less certain as to the effect of the undervaluation. Despite the equivocal data, critics of China’s regime claim that the undervaluation leads to cheaper, and therefore increased exported goods, while at the same time raising the price of imported goods. For this reason, U.S. lawmakers perpetually raise the issue and periodically initiate legislation, which would deem China a “currency manipulator” and thus trigger retaliatory measures. Lawyers are less certain whether there can be a multilateral solution to the perceived problem.

With the existing legal literature consisting mostly …

Dancing With The Dragon: What U.S. Parties Should Know About Chinese Law When Drafting A Contractual Dispute Resolution Clause, Marcus Wang

Student Articles and Papers

This paper draws on scholarly and field research in both the United States and China to present a legal and practical primer for U.S. parties entering the Chinese marketplace.

As China's role in the global economy becomes more prominent, American companies are finding that doing business in China is necessary to retaining a competitive edge. As the number of transactions between American and Chinese companies increases, however, the number of potential disputes increases correspondingly. Unique legal and practical circumstances in China require a China-specific approach to managing such disputes.

The paper identifies one such approach – the use of a …

Ceremonial Objects From The Collection Of Rabbi David A. Whiman, Beth Mobley

Exhibits

No abstract provided.