Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 24 of 24
Full-Text Articles in Law
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
Wentong Zheng
In August 2007, China adopted the Antimonopoly Law, its first comprehensive antitrust legislation, thirteen years after the drafting of the law began. Such a protracted legislative process is highly unusual in China, and can only be explained by the controversies the law presents. This paper discusses the fundamental issues in China’s economy that give rise to the challenges China faced in the drafting and adoption of the Antimonopoly Law. Those fundamental issues include the role of state-owned enterprises, perceived excessive competition, mergers and acquisitions by foreign companies, administrative monopolies, and the enforcement of the Antimonopoly Law. How China will enforce …
Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng
Transplanting Antitrust In China: Economic Transition, Market Structure, And State Control, Wentong Zheng
Wentong Zheng
This Article examines the compatibility of Western antitrust models as incorporated in China's first comprehensive antitrust law – the Antimonopoly Law ("AML") – with China's local conditions. It identifies three forces that shape competition law and policy in China: China's current transitional stage, China's market structures, and pervasive state control in China's economy. This Article discusses how these forces have limited the applicability of Western antitrust models to China in three major areas of antitrust: cartels, abuse of dominant market position, and merger review. Specifically, it details how these forces have prevented China from pursuing a rigorous anti-cartel policy, how …
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation, Wentong Zheng
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation, Wentong Zheng
Wentong Zheng
Subsidy regulation is in a precarious state. While it has been so ever since the conception of the current subsidy regulation regime, the recent disputes between the United States and China over the “double counting” or “double remedies” of subsidies have threatened the mere functionality of the current regime. This Article argues that the double counting controversy reveals the self-contradictions of the current subsidy regulation regime as to the fundamental question of why subsidies need to be regulated. These self-contradictions make it impossible to devise a coherent solution to the double counting problem within the framework of the current subsidy …
Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer
Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer
Presentations
This presentation was given at the European China Law Studies 2014 Conference, Making, Enforcing and Accessing the Law, in Hong Kong. The presentation addresses the Chinese Anti-Monopoly Law (AML), the MOFCOMM, NDRC, and SAIC, and litigation before the Supreme People's Court.
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
The Case Of Wang Zong Xiao V. Reno: The International Implications Of Prosecutorial Misconduct, William W. Tanner
Georgia Journal of International & Comparative Law
No abstract provided.
Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian
Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian
Georgia Journal of International & Comparative Law
No abstract provided.
Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna
Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna
Articles
Studies have found that when a U.S. issuer lists abroad on a foreign exchange, its shares exhibit negative abnormal returns. This negative movement may be because the market expects that the foreign listing will facilitate undetectable insider trading on the foreign exchange or other conduct impermissible in the United States.
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans
Georgia Journal of International & Comparative Law
No abstract provided.
Airplane Trips And Organ Banks: Random Events And The Hague Convention On Intercountry Adoptions, Curtis Kleem
Airplane Trips And Organ Banks: Random Events And The Hague Convention On Intercountry Adoptions, Curtis Kleem
Georgia Journal of International & Comparative Law
No abstract provided.
Mending Broken Promises: Analyzing The Legality Of U.S. Withdrawal Of United Nations Population Fund Appropriations And The Need For Binding Un Commitments, Kristi Uhrinek
Georgia Journal of International & Comparative Law
No abstract provided.
Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen
Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen
Georgia Journal of International & Comparative Law
No abstract provided.
U.S.-China Trade: Opportunities And Challenges - Keynote Address, Theodore W. Kassinger
U.S.-China Trade: Opportunities And Challenges - Keynote Address, Theodore W. Kassinger
Georgia Journal of International & Comparative Law
No abstract provided.
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Sailing The Seas Of Protectionism: The Simultaneous Application Of Antidumping And Countervailing Duties To Nonmarket Economies - An Affront To Domestic And International Laws, Christopher Blake Mcdaniel
Georgia Journal of International & Comparative Law
No abstract provided.
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
A Trail To Modernity: Observations On The New Developments Of China's Evidence Legislation Movement In A Global Context, Jia Li, Zhuhao Wang
Indiana Journal of Global Legal Studies
China, like most other civil law countries, does not have a discrete evidence code. Rather, Chinese evidence rules are currently scattered among various procedural codes. Since the beginning of the twenty-first century, Chinese scholars and practitioners have advocated for specialized evidence legislation. As part of this movement, China issued numerous judicial interpretations of evidence law, amendments to existing procedural law, and experimental drafts of evidence statutes. For example, new amendments to the Civil Procedure Law and to the Criminal Procedure Law became effective on January 1, 2013. More recently, the Supreme People's Court led the efforts to create two experimental …
Chinese Ritual And The Practice Of Law, Mary Szto
Chinese Ritual And The Practice Of Law, Mary Szto
Touro Law Review
While there is much literature about the contemporary practice of law in China, almost no articles discuss the rituals involved. This article describes five common Chinese rituals in the contemporary practice of law: drinking tea, banqueting, drinking alcohol, napping, and karaoke. These rituals are traced to their ancient origins in ancestor worship, traditional Chinese medicine, and Confucian, Daoist, and Buddhist thought. Then they are explicated for their contemporary meaning. Properly observed, these rituals promote just governance, harmony, balance, and physical and spiritual wholeness. They should be celebrated and practiced without excess.
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
China's Anti-Dumping Regime And Compliance With Anti-Dumping Principles: An Analysis Using Agricultural Dumping Case Studies, Adam Soliman
University of Miami International and Comparative Law Review
The paper assesses China's anti-dumping regime, one of the important structures implemented by China in order to become a full member of the World Trade Organization (WTO). Section One sets forth the WTO's anti-dumping principles as well as analyzes the differences between the WTO principles and the definition of "dumping" as understood by economists. In significant respects, the WTO principles allow situations that do not actually constitute dumping-in an economic sense-to be treated as "dumping," leading to the imposition of duties and sanctions. Next, the paper evaluates the degree to which the separate anti-dumping regimes of China and the U.S. …
The Paper Tiger Gets Teeth: Developments In Chinese Environmental Law, Erin Ryan
The Paper Tiger Gets Teeth: Developments In Chinese Environmental Law, Erin Ryan
Erin Ryan
This very short essay reports on the 2014 amendments to China’s Environmental Protection Law, following a series of internationally reported air and water pollution crises leading to unprecedented public protests. The changes promise more meaningful oversight of industrial pollution and harsher penalties for violations, targeting not only polluters but officials who fail to enforce applicable regulations against them. The amendments also empower certain non-governmental organizations to bring environmental litigation on behalf of the public. Official news accounts openly acknowledge the government’s hope that increased public access to legal redress will reduce the growing trend of mass environmental protests. These are …
Expert Seminar The Employment Relationship Beyond Eu And Across National Borders - Challenges And Responses Tuesday 11 March 2014, 09.15-16.00, Michele Faioli
Expert Seminar The Employment Relationship Beyond Eu And Across National Borders - Challenges And Responses Tuesday 11 March 2014, 09.15-16.00, Michele Faioli
Michele Faioli
No abstract provided.
Epilogue: A Hypothesis On The East Asian Beginnings Of The Yersinia Pestis Polytomy, Robert Hymes
Epilogue: A Hypothesis On The East Asian Beginnings Of The Yersinia Pestis Polytomy, Robert Hymes
The Medieval Globe
The work of Cui et al. (2013)—in both dating the polytomy that produced most existing strains of Yersinia pestis and locating its original home to the Qinghai-Tibet Plateau—offers a genetically derived specific historical proposition for historians of East and Central Asia to investigate from their own sources. The present article offers the hypothesis that the polytomy manifests itself in the Mongol invasion of the Xia state in the Gansu corridor in the early thirteenth century and continues in the Mongols’ expansion into China and other parts of Eurasia. The hypothesis relies to a considerable extent on work of Cao Shuji …
More Market-Oriented Than U.S. And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
More Market-Oriented Than U.S. And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
Jianlin Chen
Compared to the more illustrious conceptualization of private property, the conceptualiza-tion of public property remains at a surprisingly infantile stage. The very definition of public property is ambiguous. This article utilizes a comparative case study of traffic congestion policies in the United States, China, and Singapore to highlight the conceptual pitfalls posed by the current confusion on public property. This article proposes a refined public property framework that offers greater conceptual clarity on the real issues at stake. In particular, this article argues that “property” in public property should include regulatory permits while “public” in public property should not be …
Who Owns The Mirage? Comments On A Recent Chinese Securitization Case From A Comparative Perspective, Lingyun Gao
Who Owns The Mirage? Comments On A Recent Chinese Securitization Case From A Comparative Perspective, Lingyun Gao
Global Business Law Review
With China's restrictions on directly granting loans to real estate companies and the restrictions on establishing cash trusts, the trust companies had been seeking alternatives to engage in real estate investment. They actually might help the real estate developers to establish a trust to securitize the real estate project they own; however, for the reasons analyzed below, most of them decided to get financing only through using the “proceeds accruing from” their real estate project. These trusts are given a fancy name “XXX资产收益财产权信托”, and literally translated as “Trusts on the Right to Proceeds to be Accrued from XXX Project Assets.” …
'Quack Corporate Governance' As Traditional Chinese Medicine – The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas C. Howson
Articles
From the start of the People’s Republic of China’s (PRC) “corporatization ” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the China Securities Regulatory Commission (CSRC). Indeed, the Chinese corporate law system has been cannibalized by all - encompassing securities regulation directed at corporate governance, at least for companies with listed stock. This Article traces the path of that sustained intervention and makes a case — wholly contrary to the “quack corporate governance” critique much aired in the United States …
The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan
The Elaborate Paper Tiger: Environmental Enforcement And The Rule Of Law In China, Erin Ryan
Erin Ryan