International Law Commons^™

The Diaoyutai/Senkaku Islands Dispute: Its History And An Analysis Of The Ownership Claims Of The P.R.C., R.O.C., And Japan, Han-Yi Shaw

Maryland Series in Contemporary Asian Studies

No abstract provided.

Integration Of International Financial Regulatory Standards For The Chinese Economic Area: The Challenge For China, Hong Kong, And Taiwan, Lawrence L.C. Lee

Northwestern Journal of International Law & Business

This article initially reviews the current development of financial services that converge regulatory systems around the world. Along with focusing on banking and securities, this article assesses financial systems and regulators within China, Hong Kong, and Taiwan respectively. The evaluation of the CEA's financial system is based on recommendations issued by the Basle Committee. In addition, with respect to the principle of national treatment, this article evaluates the operations of foreign financial institutions in the CEA. In the future, participation in the WTO will enable the CEA to experience greater growth and increase its participation in the internationalization of financial …

The World’S Youngest Political Prisoner, Richard Klein

Scholarly Works

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

Across The Table At Pan Mun Jom, Howard Levie

International Law Studies

First published in 38 Saint Louis University Magazine 10 (March 1965)

China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang

Northwestern Journal of International Law & Business

In conclusion, policy-making in China is subject to the leadership's perception of problems and solutions. Taxation must reflect political and economic concerns and closely follow policy choice. For the Chinese, the objective, economic value to foreign businesses should not be as important as the Chinese sincerity and friendly sentiments that the preferential meas- ures symbolize. While the Chinese do refer to modern concepts such as ef- ficiency or equity, they tend to apply their own interpretation and understanding.

Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton

Articles

Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

U.N. Women's Event Unleashed Powerful Ideas, Ann Juergens

Faculty Scholarship

Juergens describes her experience at the Non-Governmental Organizations Forum of the United Nations' Fourth World Conference on Women, where a "Platform for Action", the U.N. action plan for women and girls was created.

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Scholarly Works

No abstract provided.

Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago

Dalhousie Law Journal

On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …

Human Rights First, Richard Dicker

Human Rights Brief

No abstract provided.

More Bull From The China Shop, Wendell L. Willkie

Human Rights Brief

No abstract provided.

Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie

Dalhousie Law Journal

During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?

China's Evolving Company Legislation: A Status Report, Preston M. Torbert

Northwestern Journal of International Law & Business

As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.

Pudong: Another Special Economic Zone In China?-An Analysis Of The Special Regulations And Policy For Shanghai's Pudong New Area, Bin Xue Sang

Northwestern Journal of International Law & Business

The Open Door Policy instituted in the late 1970s marked the beginning of economic reform in the People's Republic of China ("China"). Leading these reforms was the establishment of five special economic zones i and the opening of fourteen coastal cities.2 These special economic zones ("SEZs") and coastal cities, located along the east coast of China, serve as "windows" to attract foreign investment and technology.' So far, each of the five SEZs and the fourteen coastal cities has been successful in achieving these goals.

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Northwestern Journal of International Law & Business

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business decisions …

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.

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 …

Identifying A Future Refugee Problem: Hong Kong 1997, Daniel C. Turack

Dalhousie Law Journal

On December 19, 1984, the United Kingdom's Prime Minister, Margaret Thatcher, and Premier Zhao Ziyang of the People's Republic of China, formally signed the Sino-British Joint Declaration on the Question of Hong Kong whereby the status of the British Dependent Territory of Hong Kong will cease to exist. As of July 1, 1997, the Chinese Government of the People's Republic of China (PRC) will resume or be restored to sovereignty over the total territory known as Hong Kong.

China's Claim Of Sovereignty Over Spratly And Paracel Islands: A Historical And Legal Perspective, Teh-Kuang Chang

Case Western Reserve Journal of International Law

No abstract provided.

China After Tiananmen Square: An Assessment Of Its Business Environment, Beverley H. Earle

Case Western Reserve Journal of International Law

No abstract provided.

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

13 pages.

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

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.

Chinese Views On The Sources Of International Law, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Agenda: Proceedings Of The Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

Proceedings of the Sino-American Conference on Environmental Law (August 16)

On August 16 through 18, 1987 a delegation of 10 Americans met with a 14-member Chinese delegation to compare the systems of environmental law in the two countries. The meetings were held on and near the campus of the University of Peking in Beijing, People's Republic of China. This program was the fruition of nearly three years of discussion, planning, and organization involving Dean Betsy Levin and the Natural Resources Law Center.

The keynote speaker was Qu Geping, Director of the Chinese National Environmental Protection Bureau (comparable to the Administrator of the U.S. Environmental Protection Agency). He spoke of the …

China's Challenge To Traditional International Law: An Exposition And Analysis Of Chinese Views And Behaviour In International Law And Politics, Paul C. Yuan

Dalhousie Law Journal

Ever since the death of the great "helmsman", father of the Chinese Communist Party, Mao Zedong, in 1976 and the fall of the "Gang of Four"' China has entered a new era of socialist reconstruction characterized by a mass introduction of foreign capital and technology as well as capitalist methods of management. With its door wide open to the outside world for foreign investment, China has repeatedly expressed its desire to "do as the Romans do" and play by the rules of the world community. However, foreign businessmen and lawyers are still skeptical about China's real intentions and its fulfillment …