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Articles 31 - 41 of 41
Full-Text Articles in Commercial Law
Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend
Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend
Northwestern Journal of International Law & Business
This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
Public Policy Defense In International Commercial Arbitration, Mingqiang Qian
LLM Theses and Essays
The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
LLM Theses and Essays
In the past twenty years, the Chinese government has been adopting open door and economic reform policies. Because of historical, economic, legal, and cultural traditions, a modern corporation system is far from being established in China. There are lots of things that need to do to establish a perfect corporate system. This thesis reviews diverse interpretations of the function of poison pills in light of recent judicial decisions and underlying empirical evidence. It also reviews recent judicial decisions regarding the new version of poison and dead hand pill. The author discusses the recent trend of by-law restrictions in an attempt …
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 …
The Evolving Chinese Enterprise, James V. Feinerman
The Evolving Chinese Enterprise, James V. Feinerman
Syracuse Journal of International Law and Commerce
If, indeed, Chinese enterprises are becoming the equivalent of Western corporations, then what does Chinese corporate law look like? Are there corresponding legal enactments which support the historic decentralization of China's industrial production and embrace of market mechanisms? Briefly, the answer is, "Yes, there are Chinese laws which embody many of these changes." Recent legislation detailing the newest powers of Chinese enterprises and factory managers is, in fact, merely the latest lawmaking in an area which has seen prodigious activity since 1978. This article will first attempt to analyze the stages of economic and legal reform which have resulted in …
China's New Cooperative Joint Venture Law, Timothy A. Gelatt
China's New Cooperative Joint Venture Law, Timothy A. Gelatt
Syracuse Journal of International Law and Commerce
In the decade since the People's Republic of China (PRC) began opening its doors to foreign investment in the late 1970s, several vehicles have been developed through which foreign firms may invest in the PRC to undertake manufacturing or service projects. The first vehicle to be officially offered to foreigners as a means for investment was the "equity" joint venture (EJV), which was given its legislative basis in a brief 1979 statute, since supplemented by detailed implementing regulations and substantial other legislation. The EJV is a limited liability4 joint venture company formed by one or more Chinese enterprises with one …
Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk
Syracuse Journal of International Law and Commerce
In an attempt to further enhance the investment environment in general, and the protection of intellectual property rights in specific, in January 1988 China promulgated two sets of detailed implementing rules under the Trademark Law and the Regulations on the Administration of Technology Import Contracts. This article will analyze these two developments in an effort to assess how they promote China's stated policy of using advanced technology to spur economic development and thus aid in its modernization efforts.
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
Interpretation Of Contemporary Commercial Agreement A Comparative Study, Qing Cai
LLM Theses and Essays
Many disputes arising under commercial agreements turn upon the interpretation of the agreement. Interpretation is the process by which a court ascertain in meaning that it will give to the language used by the parties in determining the legal effect of an existing agreement. It also involves questions as to whether additional duties or excuses will be implied. In addition, interpretation can be relevant to contract formation since courts may be forced to determine the meaning of communication used by the parties before they determine whether the parties have reached an agreement. To some extent, how the judges interpret the …
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
The Recovery Of Hong Kong By The People's Republic Of China--A Fifty Year Experiment In Capitalism And Freedom, Christian C. Day
Syracuse Journal of International Law and Commerce
This article analyzes the 1984 UK-PRC agreement which returned Hong Kong to China, and argues that this unique experiment, involving fundamentally dissimilar societies, will permit Hong Kong to flourish and that the PRC must respect the terms of the agreement for sound economic, political, and diplomatic reasons.
The Joint Ventures Law Of The People's Republic Of China In A Legislated And Negotiated Tax Climate, Petersen N. Decker
The Joint Ventures Law Of The People's Republic Of China In A Legislated And Negotiated Tax Climate, Petersen N. Decker
Syracuse Journal of International Law and Commerce
This Note examines the JVL as a new law in a society historically hesitant to structure its business dealings with a legal framework or to allow outsiders access to domestic investment. In the context of the Chinese policy to expand international commercial agreements and technical capabilities, this Note further focuses on the impact of The Income Tax Law of the People's Republic of China Concerning Joint Ventures With Chinese and Foreign lnvestment (JVTL) and The Detailed Rules and Regulations For the Implementation of the Income Tax Law of the People's Republic of China Concerning Joint Ventures With Chinese and Foreign …
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Japanese Attitudes Towards Commerical Agreements With The People's Republic Of China, Lewis Marks, Masaru Ono
Syracuse Journal of International Law and Commerce
This article intends to demonstrate the similarity of Japanese and Chinese attitudes towards contractual agreements by contrasting Japan-.P.R.C. agreements with Japan-United States and Japan-third world agreements. This similarity of attitudes, the structural support framework for bilateral trade, technology, and after-sales service can explain Japan's success in trading with the P.R.C.