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  Subjects -> LAW (Total: 1451 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (49 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (24 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (151 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (187 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (860 journals)
    - LAW: GENERAL (9 journals)

LAW (860 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
(En)clave Comahue. Revista Patagónica de Estudios Sociales     Open Access  
ABA Journal Magazine     Full-text available via subscription   (Followers: 25)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 18)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 2)
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 45)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal on Conflict Resolution     Open Access   (Followers: 22)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access   (Followers: 1)
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 5)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 58)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 9)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 3)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 12)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 21)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 4)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 28)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 14)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Boletín Instituto de Derecho Ambiental y de los Recursos Naturales     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 4)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 194)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 11)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 20)
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 5)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 11)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 20)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 40)
Comparative Legal History     Full-text available via subscription   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 44)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access   (Followers: 1)
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 18)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 25)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 10)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 178)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
China-EU Law Journal
Number of Followers: 5  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1868-5153 - ISSN (Online) 1868-5161
Published by Springer-Verlag Homepage  [2351 journals]
  • Interaction and basic rights in an international perspective: an
           introduction
    • Abstract: Abstract The effective enjoyment of basic rights largely depends on communicative processes and other forms of social interaction. Traditional conceptions of basic rights do not explicitly address this relevance of social interaction, though. Legal conceptions of basic rights rather focus on the right to a particular discretionary, but isolated and individual behaviour. This article points out the different established dimensions of basic rights protection and points out the relevance of social interaction for the enjoyment of basic rights as well as the legal consequences in different jurisdictions.
      PubDate: 2019-06-05
       
  • The protection of marriage and family: a constitutional responsibility to
           enable all-embracing interaction as a means without an (objective) end
    • Authors: Karsten Herzmann
      Abstract: Abstract The constitutional duty to protect marriage and family is a rather recent task for public authorities. While these particularly personal forms of social interaction have always been of political interest to some extent, the attempt to provide them with basic rights protection against and by the state is a development from the last 100 years. Nowadays, such obligations are anchored not only in the constitutions or in the constitutional practice of virtually all European nation states, but also within the European fundamental rights protection systems as well as on the global level of public international law. Apart from this success story, however, the social phenomena that are being addressed as well as their context have changed considerably in European societies. The historically controversial questions of why and how marriage and family are to be protected by basic rights, therefore have still not been solved completely. This article addresses the history of this young fundamental right as well as different approaches to its interpretation in using the example of the protection clause of the German Basic Law.
      PubDate: 2019-02-18
      DOI: 10.1007/s12689-019-00084-5
       
  • Market freedoms and private interactions under EU law
    • Authors: Dolores Utrilla Fernández-Bermejo
      Abstract: Abstract The Court of Justice of the European Union has ascertained that free movement provisions as enshrined in European Union primary law entail not only mandatory rules prohibiting the creation and/or maintenance of national barriers to trade within the single market, but also subjective rights of economically active individuals to be enforced by national courts. Historically and as a matter of principle, such rights are recognized vis-à-vis Member states only, and therefore they do not deal with legal relationships between private subjects. However, over the course of time the case law of the Court has made apparent that free movement rules can also be of relevance to shape some legal interactions between private parties. This contribution offers an analytical approach to the mechanisms through which this may happen as well as a reflection about the challenges it involves for the composite European legal orders. Such challenges concern, inter alia, the blurring of the traditional boundaries between public, and private law and between competition law and free movement; the development of new forms of administrative action; and the institutional allocation of competences between the Union and the member states, as well as between the legislature and the judiciary.
      PubDate: 2019-02-05
      DOI: 10.1007/s12689-018-0083-9
       
  • Access to state-held information
    • Authors: Sandra Plicht
      Abstract: Abstract On the basis of different cases of the ECHR regarding freedom of information and its scope of protection; this article analyses the individual right for access to state-held information, taking under consideration the relation between European Law and Constitutional Law.
      PubDate: 2019-01-09
      DOI: 10.1007/s12689-018-0082-x
       
  • Automated communication and basic rights
    • Authors: Meinhard Schröder
      Abstract: Abstract Nowadays communication does not necessarily originate from humans, but also from “machines” such as “social bots” or “things” in the Internet of Things. From a basic rights perspective, this phenomenon raises the question if such communication benefits from the same level of protection as communication created by human beings. With regard to the basic rights of the Grundgesetz, the Federal Constitutional Court for years has been excluding some forms of communication from the scope of protection as not needing or deserving protection. The ratio of these decisions must not be applied to cases of automated communication without noticing possible differences. Automated communication can mostly be linked to the human beings or legal entities applying it. Therefore, its prohibition or regulation is a matter of proportionality of infringements with fundamental rights.
      PubDate: 2019-01-09
      DOI: 10.1007/s12689-018-0081-y
       
  • Fighting against climate change and for fair trade: finding the EU’s
           interest in the solar panels dispute with China
    • Authors: Coraline Goron
      Abstract: Abstract The dispute between the EU and China regarding the trade in solar panels has been commonly explained in terms of power politics, whereby a mercantile China exploited European internal divisions to its advantage. But the trade defence case was also criticized for running against European climate policy goals. To which extent does this case illustrate a normative conflict between trade and the environment' The article replaces the dispute in the context of the trade defence procedures, according to which the EU had to decide, first, whether China’s subsidization of its PV industry was illegal, and second, whether Europe’s climate policies warranted against imposing trade defence duties. It finds that, in this case, the familiar competition between divergent European industrial interests was made worse by an important normative cleavage amongst European decision-makers, regarding the appropriate way to achieve global climate change policy goals. Simply applying the law did not settle the dispute. Instead, it plastered a political compromise emerged from a shift in the political narrative of the dispute, from emphasizing competition to emphasizing interdependence, pushing the Commission into a political compromise with China.
      PubDate: 2018-03-08
      DOI: 10.1007/s12689-018-0080-z
       
  • Climate change and trade: challenges and lingering questions on the
           relationship between renewable energy subsidies and WTO disciplines
    • Authors: Leonardo S. Borlini; Francesco Montanaro
      Abstract: Abstract The worsening of global warming has prompted an ever-increasing number of States to enact climate change mitigation policies. These often include renewable energy subsidies and local content requirements. Yet, these policies do not always sit comfortably with WTO disciplines. This paper investigates how the WTO case law and legal scholarship have dealt with this issue. Bearing this in mind, it seeks to contribute to this debate by putting forward a solution to reconcile renewable energy subsidies and WTO obligations.
      PubDate: 2017-11-23
      DOI: 10.1007/s12689-017-0079-x
       
  • Bankruptcy stigma and the second chance policy: the impact of bankruptcy
           stigma on business restructurings in China, Europe and the United States
    • Authors: Tibor Tajti
      Abstract: Abstract This paper deals with a topic of common concern to China, Europe and the United States: the negative effects of bankruptcy stigma on the second chance (fresh start) policy encouraging restructuring of businesses as an alternative to their liquidation. In most Continental European civil law systems, for example, business restructurings are still only aspirations rather than reality. This is to a great extent due to the ubiquity of intense bankruptcy stigma as a consequence of what, for example, creditors as well as the directors and officers of the bankrupt debtor avoid participating in restructuring proceedings. The resulting dominance of liquidations is perceived as a competitive disadvantage both for China and Europe compared to the United States that possesses the top model enshrined in Chapter 11 of the US Bankruptcy Code. It was for these practical reasons that the second chance policy was given clear priority by the European Union as best expressed in the Commission Recommendation of 12 March 2014 on a New Approach to Business Failure and Insolvency. Similar policy shift characterizes the 2007 Enterprise Insolvency Law of the People’s Republic of China as visible from Chapter 8 on reorganisation and Chapter 9 on compositions (workouts). While bankruptcy stigma is present also in the United States, its effects are the least “biting” in this country and are an issue primarily in the context of consumer-bankruptcies. In light of the above, this article’s main claim is that without proper understanding and acknowledging the impact of bankruptcy stigma, hardly could lawmakers’ efforts aimed at forging a legal environment that would incentivize restructurings of financially distressed businesses yield success. Although some research on the topic is available, it tends to be focused on consumer bankruptcies only. A comprehensive, empirically based, inter-disciplinary scrutiny of the impact of stigma on business reorganisations is still lacking just like a “handbook” for combating the bankruptcy stigma. This article attempts to open the doors to this new inter-disciplinary area of law with the tools of comparative law. Besides canvassing the pertaining scholarship’s hereinbefore achievements, the paper extends also to such so far neglected niches of the globe as China and the post-socialist countries of Central and Eastern Europe.
      PubDate: 2017-11-15
      DOI: 10.1007/s12689-017-0077-z
       
  • Climate, energy and trade in EU–China relations: synergy or
           conflict?
    • Authors: Ilaria Espa
      Abstract: Abstract This article aims at assessing the state of Sino–European energy relations in light of the common challenges they face in the areas of energy security and sustainability, while providing some insight on whether international trade rules are well-equipped to encourage and facilitate cooperation, on the one hand, and defuse potential conflicts, on the other, between China and the EU. Section 1 introduces the topic. Section 2 gives an account of the climate and energy profiles of both China and the EU with a view to highlighting their shared interests in the field and the potential for synergies in the areas of energy security and energy sustainability. Section 3 illustrates how energy cooperation between China and the EU has evolved over the years and identifies its main strengths and weaknesses. Section 4 discusses the role that international trade rules can play in fostering China–EU energy cooperation and provides a case study on the how World Trade Organization (WTO) rules on export restrictions could enhance energy security. This is followed by some conclusions on the potential of the WTO system to advance Sino–EU energy relations and, more generally, global energy governance.
      PubDate: 2017-06-06
      DOI: 10.1007/s12689-017-0076-0
       
  • BREXIT and business law
    • Authors: Jürgen Basedow
      Abstract: Abstract The surprising outcome of the referendum on the future membership of the United Kingdom (UK) in the European Union (EU) has given rise to a large number of political speculations and claims. They will have to be realized within the framework of EU law and British constitutional law. This paper is meant to outline that framework and, in particular, the procedure that might lead to BREXIT, infra 1, as well as the options available for the negotiations about the future relations between the EU and the UK, infra 2. Its main thrust will be the legal consequences of BREXIT for the operation of primary and secondary EU law, infra 3–5. A final section will deal with the fate of international treaties concluded by the EU for Britain after BREXIT, infra 5. Particular attention will be given to possible implications for China.
      PubDate: 2017-03-06
      DOI: 10.1007/s12689-017-0075-1
       
  • Fine to follow-on? Private anti-trust actions in European law
    • Authors: Thomas Thiede
      Abstract: Abstract If an undertaking infringes European or national competition law, the infringers must reckon with a large range of possible sanctions, of both a public law and a private law nature. Regarding the latter, we take note in this paper of anti-trust actions for damages by private claimants, which have become ever more significant in the anti-trust debate. Against a background of divergent developments in the European Member States, the European legislator has adopted Directive 2014/104/EU (Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union Text with EEA relevance, OJ 2014 L 349, 1 ff (DADA)), with the aim of facilitating the full compensation of damage suffered by those affected by violations of European or national competition law, and to coordinate public and private enforcement measures. The Member States must implement this Directive into their national systems. This paper gives an overview of the Directive, analyses its most important provisions, and then discusses the international issues raised in cases concerning cross-border anti-competitive activities.
      PubDate: 2017-02-13
      DOI: 10.1007/s12689-016-0074-7
       
  • The EU-China investment treaty: challenges, themes, competence
    • Authors: David O’Sullivan
      Pages: 5 - 10
      Abstract: Abstract Foreign Direct Investment (FDI) improves the global economy. Both inward and outward FDI contributes to EU competitiveness and international trade. The importance of the Treaty mirrors the importance of China to the EU economy. China is the EU’s second largest trading partner and also the second largest national economy in the world. The EU-China Investment Treaty advances the shared economic interest of both parties, multilateral investment protection, and environmentally sounder economic development.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0067-6
      Issue No: Vol. 5, No. 1-2 (2016)
       
  • Response on behalf of Chinese Embassy in Ireland
    • Authors: Lijun Wu
      Pages: 11 - 12
      Abstract: Abstract The China–EU relationship is one of the most important bilateral relationships in the world. Cooperation is the key in seeking economic development for both China and European Union. Observing the strong trade relationship and the relatively limited inward and outward investments, China looks forward to working with the EU to advance the agreement negotiations, and to launch the feasibility studies of signing a Free Trade Agreement as soon as possible.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0069-4
      Issue No: Vol. 5, No. 1-2 (2016)
       
  • Practitioners perspectives on the China EU Investment Agreement:
           stakeholder reflections from the business community in Beijing
    • Authors: Alan Dukes
      Pages: 73 - 78
      Abstract: Abstract Over the past decade, while the two-way trade between China and EU has grown significantly, inward and outward investment remains at a relatively low level. At this moment, Chinese enterprises take mergers and acquisitions (M&As) as the preferred investment vehicle. By acquisition of capital or brand, Chinese companies aim to reinforce their home operations. On one hand, Chinese investors face the concern of market access overseas. On the other hand, foreign investors into China encounter challenges of complex joint ventures and market regulation. The China EU Investment Agreement will help to unblock the barriers facilitating two-way investment. Meanwhile, the negotiations for the Agreement, which to bring about changes in the structure of Chinese market, will be complex and time-consuming.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0064-9
      Issue No: Vol. 5, No. 1-2 (2016)
       
  • Competition law enforcement under informational asymmetry
    • Authors: Rainer Kulms
      Abstract: Abstract Competition law enforcement, whether by public officials, private parties and consumers or the courts, has to resolve informational and resource asymmetries. Current EU competition law establishes an interface between government enforcement action and private litigation. For the EU Commission, informational asymmetries will be primarily addressed under positive comity agreements with other countries and its leniency programme. For private parties, the success of a stand-alone or follow-on action for damages critically depends on disclosure of documents. The Court of Justice of the European Union attempts to strike a balance between disclosure and the Commission’s preference for confidentiality. Nonetheless, the EU law concept of effectiveness and equivalence of competition law enforcement does not supersede national law rules on procedure or liability of private parties. The Court of Justice applies a negative harmonisation strategy towards national laws. Where appropriate, the paper will assess enforcement practice under U.S. law.
      PubDate: 2016-12-15
      DOI: 10.1007/s12689-016-0073-8
       
  • China and biofuels: legal and policy issues in the framework of the WTO
           system
    • Authors: Elisa Ruozzi
      Abstract: Abstract The aim of this article is to provide an overview of policy and legislative measures adopted by China in the field of biofuel production and to assess them in the light of WTO law and recent jurisprudence relating to renewable energy. The article first provides a short overview of biofuels development in China, starting from the initial enthusiasm for fossil fuel substitution up to current concerns about the impact of biofuel production on food security. It then focusses on the legal discipline applying to biofuel production, taking into account, in particular, the existence of fiscal measures, subsidies, technical requirements, investment regulations and tariff measures. In the second part, these measures are analyzed in the light of WTO legal categories, in order to understand China’s position, both as a complainant and as a defendant, in actual and potential disputes regarding renewable energy. In order to provide a more complete picture of the legal issues concerning biofuels, similar measures adopted by other countries (especially the EU) will also be examined.
      PubDate: 2016-11-29
      DOI: 10.1007/s12689-016-0072-9
       
  • The institutional environment required to support China’s new normal
           economy
    • Authors: Frank H. Stephen
      Abstract: Abstract The authorities in China have enunciated the development of a new normal economy which henceforth would be the main driver of economic growth and development for that country. The new normal economy would also imply a shift in the economy’s structure towards services and its being driven by consumer demand. There would be greater reliance on market competition and the removal of the ‘privileges’ of state-owned enterprises. This paper argues that it is not enough for the required legal framework to exist in statutes but that they should be observed as law in action. Using a line of reasoning based on New Institutional Economics, evidence drawn from the differing experiences of countries in Central and Eastern Europe, in particular, in their transition towards a market economy and empirical evidence analysing the effectiveness of adopting laws from one jurisdiction in another this paper argues that the success of the new market economy policy will depend not only on the reform of the law on the books but also on how it is implemented through the courts and how it fits with both Chinese legal tradition and culture.
      PubDate: 2016-11-29
      DOI: 10.1007/s12689-016-0071-x
       
  • Design and implementation of a governance system for the protection of the
           environment and public health in China: international models, best
           practices, and implications for contemporary China
    • Authors: Lucas Bergkamp; Guangdong Xu
      Abstract: Abstract China’s economic miracle has been achieved at high environmental costs, including substantial air and water pollution, which are detrimental to the health of China’s citizens. A lack of strong environmental governance is part of the explanation for this state of affairs. Courts and regulatory agencies have not adequately performed their duties. Although China’s administrative system, which historically tended to prefer economic growth over environmental quality and citizens’ rights, is at the root of its environmental problems, the Chinese government has begun to show more enthusiasm for environmental and health protection. In this article, a series of principles and practices for good environmental governance are discussed. Because these principles and practices contribute to establishing rational and effective environmental policies and governance, the Chinese government should consider them in rethinking its current system. The models and practices discussed in this article work best if they form a part of an integrated system. For environmental governance to be able to realize its full potential, however, China should also adopt political reforms and shift power from the various levels of government to ordinary citizens. Chinese society knows a number of strategies to collect and include people’s opinions into administrative decision making, these mechanisms could be strengthened.
      PubDate: 2016-10-18
      DOI: 10.1007/s12689-016-0061-z
       
  • European Union Regulations concerning the breach and cancellation of
           contracts
    • Authors: Danièle Alexandre
      Abstract: Abstract This article intends to analyze in European Private International Law how Regulation (EU) n° 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), very often called Brussels I bis Regulation, determines which Court of a Member State of the European Union may have jurisdiction for the resolution of disputes concerning a breach or cancellation of a contract. But it also describes afterwards how Regulation (EC) n° 593/2008 on the law applicable to contractual obligations, called Rome I Regulation, decides on the law applicable to such disputes.
      PubDate: 2016-09-07
      DOI: 10.1007/s12689-016-0070-y
       
  • Reconstructing the power of price supervision and inspection in the sense
           of competition law: from the perspective of the Swiss Price Regulation Act
           
    • Authors: Zhao Tianshu
      Abstract: Abstract The task of China’s Price Law requires that the power of price supervision and inspection is exercised in a way of protecting effective market competition. However, there is a hybrid of two legislative conceptions in the legal text of China’s Price Law, i.e. maintaining market competition and protecting consumers. Though the ultimate purpose of maintaining market competition is also to protect the interests of consumers, the two legislative conceptions differ in requirements for the subject, object and means of law enforcement. Such hybridism causes difficulty to the exercise of the power of price supervision and inspection. Drawing a lesson from the Swiss Price Regulation Act, this article tries to reconstruct the power of price supervision and inspection in the sense of competition law, with a view to further improving and perfecting China’s Price Law and price law theory under the competition law regime.
      PubDate: 2015-12-23
      DOI: 10.1007/s12689-015-0060-5
       
 
 
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