The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an a...The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an analysis of the DSMs of China's established FTAs from a legal perspective of international regime study, which leads to the finding of a co-existence mode of formal and informal DSMs in China's FTAs. This paper also discusses the motivation and significance of such a choice.展开更多
“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive at...“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU （European Union）, to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company＇s dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective： protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.展开更多
As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along ...As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.展开更多
The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior...The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior Notification, protection of the river＇s environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin＇s projects.展开更多
Since 2010, the export restraints of rare earth in China have been of great concern in the world. On March 13, 2012, the United States（U. S. ） , the European Union（EU） and Japan requested consultations with China ...Since 2010, the export restraints of rare earth in China have been of great concern in the world. On March 13, 2012, the United States（U. S. ） , the European Union（EU） and Japan requested consultations with China with respect to China＇s export restraints of rare earth, tungsten and molybdenum （＂ Rare Earth Case＂）. Although the export restraints of rare earth are similar in essence to the disputed measures related to the export restraints on various raw materials in 2009, namely the competition between China and other WTO members, the specific forms of restraints have been developed. Combining to the WTO n.des and latest dispute setdements, this paper makes an in-depth study of the dispute triggered by rare earth and tries to propose some countermeasures in attempt to provide resolution for the Rare Earth Case and safeguard legitimate interests of China.展开更多
The issue of corruption has attracted increasing attention in the study and practice of international investment law during recent years.After taking prudent consideration of the corruption defense invoked by the host...The issue of corruption has attracted increasing attention in the study and practice of international investment law during recent years.After taking prudent consideration of the corruption defense invoked by the host states in some international investment arbitration cases involved with corruption,International Center for Settlement of Investment Disputes(ICSID)tribunals accordingly determined the final awards.However,some parts of the arbitral jurisprudence aroused strong criticism,especially with regard to the ICSID tribunals’reasoning that arbitrators have no jurisdiction over corruption-tainted international investments.The ICSID tribunals are legitimately supposed to exercise their jurisdiction and are lawfully obliged to probe into the nature of corrupt activities.The tribunals are strongly expected to adopt a balanced approach in deciding the merits and fairly weighing the obligations,rights,and interests of both disputing parties.It is preferable to strengthen the collaborative interaction between ICSID proceedings and domestic anti-corruption enforcement mechanisms when it comes to combating corrupt international investment activities.Existing international treaties(or specific treaty provisions)on combating corruption in international business transactions and calling for international cooperation,alongside domestic anti-corruption enforcement legislation,have actually laid solid legal foundations for the establishment of such an anti-corruption coordinative mechanism between ICSID and domestic corruption regulatory authorities on the global level.展开更多
基金the Chinese Education Ministry Key Research Program(No.14JJD810017)the China Postdoctoral Science Foundation(No.2015M581553)
文摘The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an analysis of the DSMs of China's established FTAs from a legal perspective of international regime study, which leads to the finding of a co-existence mode of formal and informal DSMs in China's FTAs. This paper also discusses the motivation and significance of such a choice.
文摘“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU （European Union）, to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company＇s dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective： protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.
基金staged research result of "Studies on the Online ADR Mechanism Targeting Trade Disputes along the Belt and Road"[2016KJXX–38]-a program funded by the 2016 Shaanxi Young Tech–talents Foundation"Special Studies on the China(Shaanxi)Pilot Free Trade Zone 2016"[SRZ2016203]-a program launched by the Silk Road Area Cooperation and Development Law Institute"Studies on the Legal Assessment Evaluation and Grading in the Context of the Belt and Road Initiative",a sub–program of "Studies on the Legal Supply Mechanism in the Context of the Belt and Road Initiative"[16ZDA064],a major program of the 2016 National Social Sciences Fund
文摘As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.
文摘The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior Notification, protection of the river＇s environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin＇s projects.
文摘Since 2010, the export restraints of rare earth in China have been of great concern in the world. On March 13, 2012, the United States（U. S. ） , the European Union（EU） and Japan requested consultations with China with respect to China＇s export restraints of rare earth, tungsten and molybdenum （＂ Rare Earth Case＂）. Although the export restraints of rare earth are similar in essence to the disputed measures related to the export restraints on various raw materials in 2009, namely the competition between China and other WTO members, the specific forms of restraints have been developed. Combining to the WTO n.des and latest dispute setdements, this paper makes an in-depth study of the dispute triggered by rare earth and tries to propose some countermeasures in attempt to provide resolution for the Rare Earth Case and safeguard legitimate interests of China.
基金funded by the 2018 Hunan Provincial Innovative and Open Project“‘Abuse of Process'in International Investment Arbitration and Regulation”(18K022)2019 Hunan Provincial Social Science Union Project“Innovation of the BITs between China and African Countries under the BRJ”(XSP19YBZ178).
文摘The issue of corruption has attracted increasing attention in the study and practice of international investment law during recent years.After taking prudent consideration of the corruption defense invoked by the host states in some international investment arbitration cases involved with corruption,International Center for Settlement of Investment Disputes(ICSID)tribunals accordingly determined the final awards.However,some parts of the arbitral jurisprudence aroused strong criticism,especially with regard to the ICSID tribunals’reasoning that arbitrators have no jurisdiction over corruption-tainted international investments.The ICSID tribunals are legitimately supposed to exercise their jurisdiction and are lawfully obliged to probe into the nature of corrupt activities.The tribunals are strongly expected to adopt a balanced approach in deciding the merits and fairly weighing the obligations,rights,and interests of both disputing parties.It is preferable to strengthen the collaborative interaction between ICSID proceedings and domestic anti-corruption enforcement mechanisms when it comes to combating corrupt international investment activities.Existing international treaties(or specific treaty provisions)on combating corruption in international business transactions and calling for international cooperation,alongside domestic anti-corruption enforcement legislation,have actually laid solid legal foundations for the establishment of such an anti-corruption coordinative mechanism between ICSID and domestic corruption regulatory authorities on the global level.
