Articles de revues : « Chinese private international law »

1

Huang, Jin, et Huanfang Du. « Private International Law in Chinese Courts ». Frontiers of Law in China 1, n^o 1 (janvier 2006) : 14–33. http://dx.doi.org/10.1007/s11463-005-0012-z.

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Guojian, Xu. « Contract in Chinese Private International Law ». International and Comparative Law Quarterly 38, n^o 3 (juillet 1989) : 648–53. http://dx.doi.org/10.1093/iclqaj/38.3.648.

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Huang, Jeanne. « Chinese private international law and online data protection ». Journal of Private International Law 15, n^o 1 (2 janvier 2019) : 186–209. http://dx.doi.org/10.1080/17441048.2019.1599771.

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HUANG, Jin, et Huan Fang DU. « Chinese Judicial Practice in Private International Law 2002 ». Chinese Journal of International Law 4, n^o 2 (1 janvier 2005) : 647–76. http://dx.doi.org/10.1093/chinesejil/jmi027.

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HUANG, J., et H. DU. « Chinese Judicial Practice in Private International Law : 2003 ». Chinese Journal of International Law 7, n^o 1 (23 janvier 2008) : 227–56. http://dx.doi.org/10.1093/chinesejil/jmn003.

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HUANG, J., L. SONG, Q. LI et W. LONG. « Chinese Judicial Practice in Private International Law : 2006 ». Chinese Journal of International Law 8, n^o 3 (19 octobre 2009) : 715–40. http://dx.doi.org/10.1093/chinesejil/jmp025.

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Qisheng, He. « Chronology of Practice : Chinese Practice in Private International Law in 2020 ». Chinese Journal of International Law 20, n^o 3 (1 septembre 2021) : 581–623. http://dx.doi.org/10.1093/chinesejil/jmab031.

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Abstract This survey contains materials reflecting the practice of Chinese private international law in 2020. First, regarding changes in the statutory framework of private international law in China, three legislative acts, one administrative regulation on the Unreliable Entity List and ten judicial interpretations of the Supreme People’s Court were adopted or amended in 2020 on a wide range of matters, including conflict of laws, punitive damages, international civil procedure, etc. Second, 11 typical cases involving Chinse courts’ jurisdiction are selected to highlight the development in Chinese private international law, involving standard essential patents, abuse of market dominance, declaration of non-infringement of patent, asymmetric choice of court agreement and other matters. Third, nine cases on choice of law questions relating, in particular, to habitual residence, rights in rem, matrimonial property regimes and ascertainment of foreign law, are examined. Fourth, five cases involving anti-suit injunction or anti-enforcement injunction are reported and one introduced in detail. Fifth, the first occasion for on international judicial assistance of extracting DNA, as well as three representative cases on the recognition and enforcement of foreign judgments, are discussed. The Statistics of international judicial assistance cases in China is first released in this survey. Finally, this survey also covers five recent decisions illustrating Chinese courts’ pro-arbitration attitude towards the uncertainty brought about by contractual clauses referring to both litigation and arbitration.

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Zhang, Zheng, et Yong Cai. « A case study of international notarization cooperation in private international law ». CUADERNOS DE DERECHO TRANSNACIONAL 14, n^o 2 (5 octobre 2022) : 1241–50. http://dx.doi.org/10.20318/cdt.2022.7246.

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Guojian, Xu. « Torts in Chinese Private International Law : a Case Note ». International and Comparative Law Quarterly 40, n^o 3 (juillet 1991) : 684–91. http://dx.doi.org/10.1093/iclqaj/40.3.684.

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He, Qisheng. « Chronology of Practice : Chinese Practice in Private International Law in 2018 ». Chinese Journal of International Law 18, n^o 4 (1 décembre 2019) : 933–80. http://dx.doi.org/10.1093/chinesejil/jmz035.

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Abstract This paper contains materials reflecting the practice of Chinese practice in private international law in 2018. First, the statistics of the foreign-related civil or commercial cases decided by Chinese courts is extracted from the Report on the Work of the Supreme People’s Court (SPC) in 2018. Second, the SPC judicial interpretation concerning the enforcement of arbitral awards is translated, and the interpretation reflects a pro-arbitration tendency in Chinese courts. Third, six cases, on the validity of a choice of court clause, the conflict of laws issues regarding personal injury on the high seas, visitation rights and uncontested divorces, as well as the recognition of foreign judgments, are noted. Fourth, the paper introduces a case embodying the “one-stop” international commercial dispute resolution mechanism in Chinese courts. Finally, the paper also covers six representative decisions regarding the parties’ status, the presumption of the parties’ intention as to choice of law, and the validity of arbitration agreements.

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Jin, H., et D. Huanfang. « Private International Law in the Chinese Judicial Practice in 2001 ». Chinese Journal of International Law 2, n^o 1 (1 janvier 2003) : 387–416. http://dx.doi.org/10.1093/oxfordjournals.cjilaw.a000478.

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Cai, Congyan. « Chinese Foreign Relations Law ». AJIL Unbound 111 (2017) : 336–40. http://dx.doi.org/10.1017/aju.2017.91.

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Curtis Bradley has observed that, apart from in the United States, foreign relations law generally has not been treated as a separate academic field, but that this situation is starting to change. This observation can also find evidence in China. In March 2016, I hosted a conference on “Chinese Foreign Relations Law: A New Agenda” at Xiamen University School of Law, where I am a faculty member. This is the first conference engaging with this field in China. Also in 2016, a Chinese professor of private international law published the first article discussing Chinese foreign relations law in a general way, the main argument of which is that foreign relations law should be a component of the “rule of law” in China.

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Qin, Ruiting. « Thoughts on the theories and practice of chinese private international law ». Frontiers of Law in China 5, n^o 4 (20 novembre 2010) : 600–625. http://dx.doi.org/10.1007/s11463-010-0113-1.

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Ong, A. V. Y. « Issues in the Application of Depecage in Chinese Private International Law ». Chinese Journal of International Law 8, n^o 3 (27 août 2009) : 637–55. http://dx.doi.org/10.1093/chinesejil/jmp020.

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HE, Q. « Chronology of Practice : Chinese Practice in Private International Law in 2013 ». Chinese Journal of International Law 14, n^o 1 (1 mars 2015) : 177–216. http://dx.doi.org/10.1093/chinesejil/jmv006.

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HE, Qisheng. « Chronology of Practice : Chinese Practice in Private International Law in 2014 ». Chinese Journal of International Law 14, n^o 4 (17 novembre 2015) : 801–34. http://dx.doi.org/10.1093/chinesejil/jmv055.

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He, Qisheng. « Chronology of Practice : Chinese Practice in Private International Law in 2015 ». Chinese Journal of International Law 15, n^o 4 (décembre 2016) : 859–901. http://dx.doi.org/10.1093/chinesejil/jmw042.

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HE, Qisheng. « Chronology of Practice : Chinese Practice in Private International Law in 2016* ». Chinese Journal of International Law 16, n^o 4 (1 décembre 2017) : 787–843. http://dx.doi.org/10.1093/chinesejil/jmx035.

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HE, Qisheng. « Chronology of Practice : Chinese Practice in Private International Law in 2017* ». Chinese Journal of International Law 17, n^o 4 (1 décembre 2018) : 1101–46. http://dx.doi.org/10.1093/chinesejil/jmy028.

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Keat, Ooi Boon, et Ma Jia. « The Impact of Chinese Language Learning Motivation on Intercultural Identity Among International Students at a Private University in Henan Province ». Journal of Law and Sustainable Development 11, n^o 10 (25 octobre 2023) : e1335. http://dx.doi.org/10.55908/sdgs.v11i10.1335.

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Purpose: Chinese language learning motivation and the Chinese cultural identity of international students in China, as important influencing factors of second language learning, is a research topic of great practical value and actual significance. International students' Chinese language learning motivation affects intercultural identity to some extent. This study aims to explore the impact of Chinese language learning motivation on intercultural identity among international students and to provide experiences and reflections for the teaching and daily management of international students in the later stage. Research Methodology: Based on a questionnaire survey of 85 international students from an independent university in Henan Province, this paper uses SPSS26. software to analyze the overall degree of international students' Chinese language learning motivation and intercultural identity, the influence of different factors on motivation to learn Chinese and intercultural identity, and the impact of different Chinese language learning motivations on intercultural identity. Findings: There were significant differences in intrinsic motivation, extrinsic motivation, and intercultural identity by nationality, length of Chinese language study, and length of time in China for international students, and no significant differences by gender. International students' intrinsic and extrinsic motivations substantially positively affect intercultural identity. Students' overall Chinese language learning motivation and intercultural identity were high.

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Liu, Renshan. « Determination of Habitual Residence in Chinese Private International Law : Lessons from Extraterritorial Experience ». Netherlands International Law Review 65, n^o 1 (26 mars 2018) : 55–77. http://dx.doi.org/10.1007/s40802-018-0103-z.

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Huo, Zhengxin. « The Statutory Reform of Chinese Private International Law in Property Rights : A Silent Revolution ». Chinese Journal of Global Governance 1, n^o 2 (12 février 2016) : 174–91. http://dx.doi.org/10.1163/23525207-12340010.

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This article reviews the statutory reform of Chinese private international law from the perspective of property rights which concludes that notwithstanding the significant improvement, the new Private International Law Act of China are fraught with various defects. In the field of property, Article 37 and Article 38 are particularly problematic as the introduction of unlimited party autonomy into the choice-of-law rules for movables and res in transitu is theoretically indefensible and practically troublesome. Moreover, there are a number of defects or problems with Article 39 and Article 40 of the Act respectively. What’s more, the Act neglects some other important types of property that call for special treatment, such as cultural property, and assignment of debt. In the end, the article puts forward the corresponding suggestions for improvement.

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Bourgon, Jérôme. « ASPECTS OF CHINESE LEGAL CULTURE – THE ARTICULATION OF WRITTEN LAW, STATE, AND SOCIETY : A REVIEW (PART TWO). PRIVATE LAW AND PRIVATE LAWYERS : A DISCUSSION ON THE “FIELDS” OF LAW ». International Journal of Asian Studies 5, n^o 1 (janvier 2008) : 71–86. http://dx.doi.org/10.1017/s1479591407000927.

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AbstractThe International Journal of Asian Studies has published four seminal articles by Japanese scholars of the history of Chinese law (2004–2007). In the first part of his review and analysis of the series (see IJAS 4:2, 2007), Jérôme Bourgon dealt in the main with the work of Shigeo Nakamura and Osamu Takamizawa. In the present part he concludes his discussion with an examination of the remaining articles, “The Nature of Social Agreements (yue) in the Legal Order of Ming and Qing China” by Hiroaki Terada and “Litigation Masters and the Litigation System of Ming and Qing China” by Susumu Fuma.

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He, Qisheng. « RECONSTRUCTION OF LEX PERSONALIS IN CHINA ». International and Comparative Law Quarterly 62, n^o 1 (janvier 2013) : 137–57. http://dx.doi.org/10.1017/s0020589312000619.

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AbstractIn 2010, China's Legislature adopted a reconstructed new private international law which makes habitual residence the principal connecting factor of lex personalis. Prior to the new law, lex personalis had followed a mixed model that included the law of domicile, the law of nationality, the law of the country where a Chinese person resides, and the law of the place of an act. The reconstruction of lex personalis improves China's opportunities for accession to international conventions and for the adoption of common international measures to better protect the interests of Chinese citizens, especially children. However, China's legislature and its courts still have much to do in order to decrease and eliminate many conflicts among the previous and current provisions regarding lex personalis. Among other things, criteria need to be established for application in defining, judging and establishing habitual residence, especially with regard to appreciable period of time and settled intention.

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Gao, Henry. « Public-Private Partnership : The Chinese Dilemma ». Journal of World Trade 48, Issue 5 (1 octobre 2014) : 983–1005. http://dx.doi.org/10.54648/trad2014034.

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As noted by Greg Shaffer in his book 'Defending Interests: Public-Private Partnerships in WTO Litigation', the US and EU have different approaches to public-private partnership in dealing with foreign trade barriers: the former tends to be more 'bottom-up', while the latter tends to be 'top-down'. Inspired by Shaffer's work, this article examines China's experience in establishing public-private partnership. Initially, China appeared to prefer the American approach by adopting the Rules on Trade Barrier Investigation (TBI), which empowers domestic firms to petition the government directly to launch investigation against foreign trade barriers. However, since 2005, China seems to have shifted to the European approach by adopting a 'Quadrilateral Coordination' system, which pools together the resources of the Ministry of Commerce, local government, and relevant industry associations to help affected individual firms to fight foreign trade barriers. The article analyses the pros and cons of the two systems, the political and social reasons for the shift, and how the new system has worked in practice with case studies. The article concludes with thoughts on the lessons we can draw on the relationship between the government and private firms in China, as well as how the public-private partnership will develop in China in the future.

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HAMMAN, Evan, Liping PEI, Denise BURLOFF et Alexandra LOCKHART. « The Polluter Pays Principle in Chinese Environmental Law ». Chinese Journal of Environmental Law 2, n^o 1 (23 juillet 2018) : 57–82. http://dx.doi.org/10.1163/24686042-12340022.

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Abstract The effective implementation of environmental law has taken on greater urgency in recent times. Behind the multitude of domestic and international environmental instruments sit generally accepted principles like the Polluter Pays Principle (PPP). The PPP can be seen to advance sustainable development, at least partly, by private operators internalizing the costs of their pollution. This article analyses the application of the PPP in Chinese environmental law by focusing on a case study of Yangtze River pollution in and around the central Chinese city of Wuhan. The authors find evidence of an increasing acceptance of the PPP at the local, regional and national levels in China. At each of these levels, attempts to improve water quality in the Yangtze appear to reflect an acceptance of the PPP’s main aims.

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Bronckers, Marco. « Private Appeals to WTO Law : An Update ». Journal of World Trade 42, Issue 2 (1 avril 2008) : 245–60. http://dx.doi.org/10.54648/trad2008010.

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At first glance there seem to be few opportunities for private parties to raise objections to government regulation based on World Trade Organization (WTO) law. The WTO still appears to be largely a forum for governments to negotiate or litigate. In fact, there are various ways in which private parties can invite governments to engage with their WTO law obligations, and these are surveyed in this article. First, I illustrate the immediate obstacles facing private parties that want to challenge a government measure on the basis of WTO law. I then take a closer look and discuss different means for private parties to appeal to WTO law, today or perhaps in the not too distant future. There have been several recent developments that suggest that such private complaints should be taken more seriously. This discussion covers the position of private parties before the WTO, before their own government and before domestic courts. To the extent I refer to experiences drawn from a domestic context I will mostly refer to European law, though I have occasion also to mention precedents from US law and Chinese law.

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Shen, Wei, et Colin Mengshan Xu. « Collective Action Problems in Chinese Takeover Rules : Deficiency and Difficulty in Protecting Target Shareholders in a Hybrid Regime ». European Business Law Review 32, Issue 5 (1 octobre 2021) : 905–34. http://dx.doi.org/10.54648/eulr2021032.

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China is in a process of upgrading its corporate law and corporate governance regime. The reform involves a learning process of incorporating corporate governance norms from other jurisdictions. In the field of takeover rules, China’s hybrid regime is a combination of some elements from both the US model and the UK model, reflecting China’s pragmatic approach towards rule of law and legislative reform. Though flexible and pragmatic, this transplant approach without taking into account China’s own economic, social and even political scenarios is of little help to address the agency problem embedded in China’s concentrated shareholding model faced by its SOEs and family–controlled enterprises let alone the shareholder protection rules investors are keen to have. A comparative study is conducted in this article to investigate the collective action problems the Chinse takeover rules fail to address. Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention

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Chen, Yifeng, et Ulla Liukkunen. « Enclave Governance and Transnational Labour Law – A Case Study of Chinese Workers on Strike in Africa ». Nordic Journal of International Law 88, n^o 4 (11 novembre 2019) : 558–86. http://dx.doi.org/10.1163/15718107-08804005.

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This article examines deficits in the current legal framework of posted workers in a global setting through a case study involving Chinese posted workers striking in Equatorial Guinea. Posting highlights the challenges that economic globalisation and transformation of the labour market pose to labour law. As a phenomenon whose normativity is deeply embedded in the cross-border setting where it occurs, posting should profoundly affect the transnational labour law agenda. The emergence of transnational labour law should be seen from the perspective of reconceptualising existing normative regimes in the light of an underpinning transnationality and sketching the architecture for the normative edifice of transnational labour protection. The transnational legal context under scrutiny calls for a wider normative framework where the intersections between labour law, international law and private international law are taken seriously. Global protection of posted workers should be a featured project on the transnational labour law agenda.

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Liao, Xiaoyi. « The Uncertainties in the Ascertainment of Foreign Law in Chinese Court : A Critical Analysis of the Current Mechanism ». Law and Economy 2, n^o 1 (janvier 2023) : 41–60. http://dx.doi.org/10.56397/le.2023.01.05.

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With the implementation of China’s “One Belt, One Road” Construction, China’s foreign-related civil and commercial disputes are characterized by an increase in the number and variety. As an important mechanism in the Private International Law field, ascertainment of foreign law is becoming increasingly prominent in resolving these disputes. However, broad statistics concerning the outcome of relevant cases show that the judicial practice of the Chinese mechanism on ascertainment of foreign law is unsatisfactory. To clarify the uncertainties existing in the current mechanism, we need to properly integrate and coordinate Chinese legislating and cases relating to this issue, further refine the matter like how to establish evidence for proving the content of the law, what forms of evidence is acceptable and how to assess the obtained evidence.

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Yang, Xinfang. « Navigating Legal Responsibilities in Chinese Private Equity Investments : A Comprehensive Study on Human Resource Management Practices ». Pacific International Journal 7, n^o 2 (20 avril 2024) : 183–78. http://dx.doi.org/10.55014/pij.v7i2.595.

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Human Resource Management (HRM) plays a pivotal role in the success and sustainability of ventures, particularly within the complex domain of Chinese private equity investments. This study delves into the multifaceted legal responsibilities inherent in HRM practices within this context, aiming to provide comprehensive insights essential for effective organizational management and compliance. Drawing upon specific Chinese laws, empirical data, and relevant citations, the study scrutinizes crucial areas such as employment law compliance, corporate governance obligations, adherence to industry-specific regulations, and compliance with international labor standards. Through a detailed examination of key legal obligations and regulatory frameworks, the research illuminates the challenges faced by human resource professionals and private equity firms in China, offering valuable insights for practitioners and organizational leaders alike. By emphasizing proactive compliance initiatives and the significance of ethical labor practices, this study contributes to the cultivation of a regulatory-aware and ethically conscious environment conducive to organizational success in the dynamic landscape of Chinese private equity investments.

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Briguet, Julien. « The States Invisible Hand : Chinese SOEs Facing EU Antitrust Law ». Journal of World Trade 52, Issue 5 (1 octobre 2018) : 839–57. http://dx.doi.org/10.54648/trad2018036.

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We argue that the European Commission (EC) case law on mergers involving Chinese state-owned enterprises (SOEs) suffers from several flaws. First, it is inconsistent with the set of criteria initially set out in the EC case law for SOEs. Secondly, the EC’s assessment is based on an ownership bias that ignores the institutional environment in which Chinese SOEs operate. Third, it violates the basic legal rationale to maintain and ensure competitive neutrality between private and public companies in merger review. We argue in favour of a more systematic application of the single entity theory to restore the consistency of the case law. This appears a necessity in the case of Chinese investments in the EU. Indeed, due to its broad influence over its economy and its financial system, Chinese SOEs may enjoy an exorbitant privilege that could jeopardize the principle of competitive neutrality at the core of EU competition law. One should recognize that the antitrust law is a point of tension between the Western understanding of corporate law and the Chinese state capitalism based on a radically different institutional environment. A more consequential implementation of the principle of competitive neutrality is necessary to take into account this institutional environment.

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Overholt, William H. « Selling Foreign Investment Short ». Management and Organization Review 1, n^o 02 (juillet 2005) : 319–27. http://dx.doi.org/10.1111/j.1740-8784.2005.00016.x.

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Yasheng Huang is a thoughtful, articulate observer of China's political economy, who has gained international respect. Many high-level conferences benefit from his insights, and this reviewer is indebted on a variety of issues. Selling China is essentially two books. One is a very impressive, very carefully documented review of the negative consequences for the Chinese economy of laws and policies that advantage state enterprises at the expense of private enterprises – particularly of a financial system that allocates financial resources overwhelmingly to relatively inefficient state enterprises, and proportionately disadvantages private enterprises. As Huang details, the current Chinese system allocates advantages and disadvantages to firms according to a political pecking order rather than by credit quality. China's markets are highly fragmented and locally protected. China's banks allocate capital disproportionately to state enterprises. Its stock and bond markets are largely restricted by policy, although not by law, to state enterprises. Implicit government guarantees of loans to the biggest state enterprises (SOEs), together with weak private-sector accounting standards, make it irrational for the banks to lend to private firms rather than to big SOEs.

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Zou, Mimi. « China and The Belt and Road Initiative : Transnational Labor Law Under State Capitalism 4.0 ». AJIL Unbound 113 (2019) : 418–23. http://dx.doi.org/10.1017/aju.2019.76.

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Since the 2007 global financial crisis, many have questioned the predominant form of neoliberal capitalism that has underpinned a U.S.-led global economic order since the 1980s. Meanwhile, China's state capitalism, led by the Chinese Communist Party, has been ascendant. Some have even posited a “Beijing Consensus” as an alternative to the “Washington Consensus.” This essay advances the concept of State Capitalism 4.0, which is premised on the Chinese party-state's control over state-owned enterprises (SOEs) and private firms, mediated through regulatory and institutional arrangements and the strategic exploitation of technology. I apply this concept to analyse China's approach to transnational labor issues as Chinese enterprises expand their activities abroad and mobilize a growing number of Chinese workers transnationally, especially under the Belt and Road Initiative (BRI). Reflecting on the implications of State Capitalism 4.0 for transnational labor law, I argue that the strategic exercise of state regulatory powers can strengthen labor standards through domestic laws and institutions but is antithetical to a core international labor right: freedom of association.

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LI, Hong. « Depoliticization and Regulation of Sovereign Wealth Funds : A Chinese Perspective ». Asian Journal of International Law 1, n^o 2 (25 octobre 2010) : 403–22. http://dx.doi.org/10.1017/s204425131000010x.

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AbstractThe China Investment Corporation (CIC) has often been perceived as a threat by Western economies. Such fears, however, are unfounded as the severe losses incurred by CIC during the recent economic crisis reveals that the fund, just like other investment entities, is vulnerable to market conditions. Moreover, given their relative lack of expertise in international investment, the regulation and development of “young and inexperienced” sovereign wealth funds (SWFs) within their home state is more pertinent than the defensive regulation structured by the host states in which SWFs invest. Positive financial returns should always be the fundamental goal of SWFs, rather than non-commercial considerations. This article proposes a three-step approach to regulating SWFs from a Chinese perspective: (1) home states should distinguish between their roles as shareholders and managers of state-owned capital-exporting institutions, and can use the Santiago Principles for that purpose; (2) host countries should not discriminate against SWFs but treat them as private institutional investors; and (3) there should be a clarification of the international investment regime regarding state investment. If these three steps are taken, SWFs would be depoliticized, and biased regulatory agencies and regulations would be a thing of the past. Under a broad regime, concerns between home and host states could then be addressed at bilateral or multilateral forums.

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Zhenjie, Hu. « Li Shuangyuan, Xu Guojian, eds., Private International Law in China and its International Unification (in Chinese), Wuhan University Press, P.R. China 1992, 321 pp. » Netherlands International Law Review 40, n^o 01 (mai 1993) : 143. http://dx.doi.org/10.1017/s0165070x00003120.

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Pearson, Margaret M., Meg Rithmire et Kellee S. Tsai. « China's Party-State Capitalism and International Backlash : From Interdependence to Insecurity ». International Security 47, n^o 2 (2022) : 135–76. http://dx.doi.org/10.1162/isec_a_00447.

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Abstract Contrary to expectations, economic interdependence has not tempered security conflict between China and the United States. In response to perceived domestic and external threats, the Chinese Communist Party's actions to ensure regime security have generated insecurity in other states, causing them to adopt measures to constrain Chinese firms. Security dilemma dynamics best explain the subsequent reactions from many advanced industrialized countries to the evolution of China's political economy into party-state capitalism. Party-state capitalism manifests in two signature ways: (1) expansion of party-state authority in firms through changes in corporate governance and state-led financial instruments; and (2) enforcement of political fealty among various economic actors. Together, these trends have blurred the distinction between state and private capital in China and resulted in backlash, including intensified investment reviews, campaigns to exclude Chinese firms from strategic sectors, and the creation of novel domestic and international institutions to address perceived threats from Chinese actors. The uniqueness of China's model has prompted significant reorganization of the rules governing capitalism, both nationally and globally.

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Mercurio, Bryan, et Dini Sejko. « Holes in the Silk : Investor Protection under Chinas Belt and Road Initiative ». Global Trade and Customs Journal 14, Issue 5 (1 mai 2019) : 251–58. http://dx.doi.org/10.54648/gtcj2019025.

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Aiming to improve connectivity by building ‘roads’ that will channel economic development and achieve certain geopolitical and strategic objectives, the Belt and Road Initiative (BRI) is a critical element in China’s more comprehensive strategic play for a new and enhanced role in global economic governance. While often hyped by some as a modern form of the Marshall Plan, the BRI has been built on a weak foundation which threatens the economic and geopolitical objectives of the Initiative. This article focuses on the security of the Chinese international investment regime for private and state-owned investors confronting political and legal risks in BRI projects in various countries. Perhaps the greatest legal risk to Chinese investors is that China’s network of international investment treaties is insufficient to deal with the risks that Chinese investors face. After reviewing specific provisions and jurisprudence stemming from China’s treaties, the article provides possible mitigation strategies and solutions which China and investors can use to mitigate such risks

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Du, Ming. « CHINA'S STATE CAPITALISM AND WORLD TRADE LAW ». International and Comparative Law Quarterly 63, n^o 2 (avril 2014) : 409–48. http://dx.doi.org/10.1017/s0020589314000062.

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AbstractMelding the power of the state with the power of capitalism, state-owned and state-controlled enterprises continue to control the commanding heights of the Chinese economy even though market-oriented reforms have led to a rapid expansion of the private sector in China. This article reflects on how China's practice of state capitalism challenges the world trading system and how WTO law, as interpreted by WTO Panels and the WTO Appellate Body (AB), addresses these challenges. The article concludes that the WTO Agreement on Subsides and Countervailing Measures (SCM Agreement) has been interpreted in such a manner that many key features of China's state capitalism could easily be challenged by its trading partners in a WTO-consistent manner. This finding has profound implications for China's domestic economic reforms, especially China's ongoing reforms of its state-owned enterprises and commercial banks.

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LI, YAN. « Governing Law of Employment Contract in Chinese Private International Law - Including the Enlightenment to Resolve Employment Disputes between China and South Korea - ». Dong-A Journal of International Business Transactions Law 41 (30 avril 2023) : 1–27. http://dx.doi.org/10.31839/ibt.2023.04.41.1.

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Enonchong, Nelson. « Public Policy in the Conflict of Laws : a Chinese Wall around Little England ? » International and Comparative Law Quarterly 45, n^o 3 (juillet 1996) : 633–61. http://dx.doi.org/10.1017/s0020589300059388.

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The English courts have often incurred the reproach of undue insularity in their attitude to foreign law.1 A common gripe is that they have failed to recognise that there is a world elsewhere, and that England is not “a legal island”.2 Savigny, we are told,3 was moved to lament over the fact that although in other branches of knowledge there was an internationalist outlook in England, in the field of jurisprudence alone it “remained divided from the rest of the world, as if by a Chinese wall”. Recently it has been suggested that “The foundation of this Chinese wall… lay … in an unquestioning belief in the superiority of the common law and its institutions, at least in England.”4 It would be unsafe to affirm that the charge of insularity has always been without foundation. The “Little England”5 attitude of mind, Roskill LJ reminds us,6 was “once proclaimed in the phrase ‘Athanasius contra mundum’”. And it should occasion no surprise that the examples commonly advanced to substantiate the charge are usually drawn from private international law.7

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Goré, Marie. « Studies of Private International Law, Vol. 2 : Indonesian Private International Law, Vol. 3 : Chinese Private International Law, Vol. 5 : Japanese Private International Law, Vol. 6 : Indian Private International Law, by Afifah Kusumadara, Vol. 2, Hart Publishing, 2021, 288 pages ; by Xiaohong Liu and Zhengyi Zhang (eds.), Vol. 3, Hart Publishing, 2021, 352 pages ; by Kazuaki Nishioka and Yuko Nishitani, Vol. 5, Hart Publishing, 2021, 320 pages ; by Stellina Jolly and Saloni Khanderia, Vol. 6, Hart Publishing, 2021, 392 pages ». Revue critique de droit international privé N° 2, n^o 2 (31 octobre 2023) : 507–10. http://dx.doi.org/10.3917/rcdip.232.0507.

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Liu, Jingnan. « INFORMAL POLITICAL COALITIONS AND PRIVATE INVESTMENT IN CHINA ». Journal of East Asian Studies 21, n^o 3 (22 octobre 2021) : 515–25. http://dx.doi.org/10.1017/jea.2021.25.

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AbstractThis article attempts to estimate the effects of informal political coalitions on China's private investment. Theoretically, the party-state clients of China's supreme leaders are expected to have stronger incentives to foster economic growth. One way of doing so is to encourage private investment by reducing its political risks. Analysis of provincial-level panel data from 1993 to 2017 shows that personal connections—based on shared experience in the same work unit—between provincial leaders and the Chinese Communist Party's incumbent supreme leader significantly increase the growth rate of private investment. This suggests that informal institutional relations may assist the development of China's private economy by partially compensating for the weaknesses of formal rule-of-law institutions.

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Che, Luyao. « The Chinese Conception of the Rule of Law and Its Embodiment Under the ‘Belt and Road’ Initiative (BRI) ». Journal of World Trade 55, Issue 1 (1 février 2021) : 171–96. http://dx.doi.org/10.54648/trad2021007.

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Although China has consolidated the aim of reforming its society towards the rule of law, the Chinese version of the rule of law differs significantly from its counterparts in the Western tradition. Increasing attention is being paid to the peculiarities of the Chinese conception as China strives to expand its influence through launching the ‘Belt and Road’ Initiative (BRI). This article focuses on the question of whether and by what means various BRI projects are impacted by and impact upon the Chinese conception of the rule of law. The uniqueness of the Chinese approach can be examined from three dimensions: the ontological dimension, describing the preference for integration over convergence in the governance models of economies; the epistemological dimension, in which a posteriori justifications prevail over a priori ones; and the methodological dimension, in which the coordination between the public and the private spheres overshadows the confrontation between them. Following this, the paper profiles the practices of BRI investment and assesses whether these practices present consistently with the Chinese conception. Finally, this article examined the strong needs often embedded within BRI projects that call for sustainable cooperation, market-generating governmental intervention, as well as the coordination of various social interests. All these factors are consistent with the peculiarity of the Chinese conception of the rule of law. The paper argues that the BRI is highly consistent with the Chinese conception of the rule of law and may help further enhance it. This conclusion further suggests that the distinctive conception is not solely the result of ideological or political factors but also of the unique demands of certain types of economic undertakings. World Trade Organization, WTO, World Economic Forum, WEF, business community, stakeholder engagement, institutional change, collaboration, reform (OFDI), state-owned enterprises (SOEs), state-directed economies

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Chang, Jiwen. « China's Legal Response to Trafficking in Wild Animals : The Relationship between International Treaties and Chinese Law ». AJIL Unbound 111 (2017) : 408–12. http://dx.doi.org/10.1017/aju.2017.104.

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In China, the wild animals and animal products that are sold through illegal trafficking are mainly those that can be made into medicines; are raw materials in the form of ivory, rhinoceros horns, and turtle shells; and are edible or have ornamental value, such as birds, monkeys, turtles, and lizards. Due to its rapid economic development over the past decade, China has become one of the world's largest wildlife markets. The main reasons for trafficking are a lack of viable substitutes for raw materials used in traditional Chinese medicines (e.g., bear bile, bear bile powder, pangolin, and other products); a preference in traditional food culture for delicacies made from wildlife; and of the private consumption by some rich and corrupt government officials of tiger's meat, bear's paw, pangolin and other wild animal products—bear's paw and pangolin being the most popular. This type of wild animal trafficking endangers the safety of animal species protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and damages the international image of the government and people of China. Since 2013, under the frame of construction of ecological civilization, China has taken stricter measures on legislation, administrative enforcement, judicial adjudication, and international cooperation on prevention and punishment of illegal trafficking.

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Yu, Minggui, Yujing Huang, Huijie Zhong et Qing Zhang. « Monopoly and corporate innovation : evidence from antitrust law ». Nankai Business Review International 13, n^o 1 (14 octobre 2021) : 58–78. http://dx.doi.org/10.1108/nbri-03-2021-0019.

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Purpose There are two opposite views about whether the Antitrust Law is conducive to the development of the economy. One view is that the Antitrust Law can restrain monopoly, maintain market competition and benefit economic growth. The other view is that the Antitrust Law inhibits innovation by monopolistic firms and fosters rent-seeking, which is bad for economic growth. To provide a possible perspective for clarifying the controversy, this paper aims to answer the following two questions: first, will the Antitrust Law inhibit corporate innovation? Second, does the antitrust enforcement agency discriminate against private enterprises? Design/methodology/approach Based on the samples of A-share listed companies from 2003 to 2013, the authors use the implementation of China’s Antitrust Law in 2008 as a policy shock, take the monopoly enterprises in each industry as the treatment group and competitive enterprises as the control group, using the difference-in-differences method to test the impact of the implementation of the Antitrust Law on corporate innovation activities. Findings The results show that compared with competitive enterprises, the patent output of monopolistic enterprises was significantly reduced after the implementation of the Antitrust Law, which indicates that the Antitrust Law does inhibit the innovation activities of monopolistic enterprises. Further research finds that the innovation suppression effect of the Antitrust Law is more prominent in state-owned enterprises, which means that the government does not have “selective law enforcement” against private enterprises in the process of law enforcement. Therefore, the results provide evidence for the idea that government intervention is neutral. Originality/value First, the paper enriches and expands the research on the factors affecting corporate innovation from the perspective of market structure. Second, it enriches and expands relevant research on the consequences of implementing the Antitrust Law from the perspective of corporate innovation. Third, it not only provides the relevant empirical evidence for clarifying the dispute about the Antitrust Law but also is helpful to clarify whether the Chinese Government has “selective law enforcement” against private enterprises.

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Fan, Xiaoliang. « Analysis of the intellectual property rights terms in Chinese private international law : on the perspective of the latest regulations ». International Journal of Private Law 5, n^o 3 (2012) : 303. http://dx.doi.org/10.1504/ijpl.2012.047320.

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Gao, Fuxia, Chuan Lin et Haomiao Zhai. « Digital Transformation, Corporate Innovation, and International Strategy : Empirical Evidence from Listed Companies in China ». Sustainability 14, n^o 13 (4 juillet 2022) : 8137. http://dx.doi.org/10.3390/su14138137.

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This paper empirically investigates the impact of digital transformation on corporate international strategy. With a dataset of the Chinese stock market from 2014 to 2020, our empirical results reveal that digital transformation has a positive impact on the international strategy of Chinese enterprises. More specifically, firms with digital transformation are more likely to implement international strategy, and firms with a higher degree of digital transformation are associated with a higher level of internationalization. In addition, our empirical results reveal that corporate innovation exhibits the mediation effect. Moreover, our findings show that the impact of digital transformation is more pronounced for private firms and non-high-tech enterprises, and this impact is also moderated by high institutional development in eastern China. Our findings survive numerous robustness checks.

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Sujarittanonta, Lavanchawee, Kittichok Nithisathian et John C. Walsh. « Collaborative Provision of Graduate Education in CLMV : Case of Thailandâ€™s Private Universities ». Journal of Education and Vocational Research 7, n^o 2 (20 juin 2016) : 49–57. http://dx.doi.org/10.22610/jevr.v7i2.1340.

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Education entails investments in time and money from the students and, therefore, the choices of degree programs and university names are critical for students and their future careers. The demand for foreign education in the CLMV (i.e. Cambodia, Lao PDR, Myanmar and Vietnam) market is fast expanding, especially for international graduate programs. Equipped with foreign degrees, the human resources of the host CLMV countries are ready for international jobs with international standards. This situation attracts investments by foreign universities to enter CLMV countries to offer degree programs, such as MBA, MPA and PhD. While Western universities are internationally recognized, the success of Asian universities operating within CLMV has not been studied. Consequently, this paper reports on research examining the success of Thai private universities that operate in CLMV countries, in particular Mynmar, which has only recently opened up to the world, as well as the developing prospects for Vietnam. Lao PDR and Cambodia. Data is collected through in-depth interviews of managers and students of international partner institutions of the host countries, through which Thai universities offer graduate degree programs. It is found that private Thai degree programs are welcomed in CLMV countries, while Thai degrees are favored over international Western degrees in terms of economic affordability and preferred over Chinese degree programs due to the socio-cultural perception that Chinese products are doubtful in quality. This is not surprising, considering that a 2014 study by the UNESCO Institute for Statistics (UIS) reported that among middle-income countries of Asia, Thailand and Malaysia lead the region when it comes to providing graduate education.

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Menshikov, Р., et L. Mikhina. « THE SYSTEM OF COUNTERING INFORMATION SECURITY THREATS OF THE PEOPLEJS REPUBLIC OF CHINA ». TRANSBAIKAL STATE UNIVERSITY JOURNAL 28, n^o 1 (2022) : 124–39. http://dx.doi.org/10.21209/2227-9245-2022-28-1-124-139.

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There can be no state sovereignty without information sovereignty. The Chinese Government understands this well and during the COVID-19 pandemic, when the whole world “went online”，adopted several laws designed to regulate the country's information policy in the media sphere. At the time of writing, China has a new legislation in the field of information security. The most crucial laws in information and cyber sphere are the Law “On Data Security”，“On Personal Data Protection”，and the Law “On Cyberspace”，the first two of which are developed to supplement and improve the application of the Law “On Cybersecurity” adopted in 2017. However, the adoption of these laws entailed a number of problems for Chinese tech-goliaths and caused a wave of international criticism. This article examines the key provisions of the new set of China's legal framework in the field of information security and analyzes the prospects for its further development. Materials and methods. Formal legal methods of analyzing Chinese legislation in the in formation and cyber spheres are involved, scientific and general scientific methods of cognition of the specifics of China's national legislation in the field of ensuring the protection of national and information security and state sovereignty are usedin this paper. Results of the study. The new information legislation of China traces the same vector of state policy aimed at protecting national sovereignty by ensuring a data security system regulated by the Chinese Government and their localization on the territory of the country. China considers the data accumulated by private companies as a national asset, the use of which should be carried out or restricted in accordance with Chinese laws. However, most of the law needs to supplement and expand some terms due to the threat of legal uncertainty and the creation of a legal vacuum for manipulation

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