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LAW (815 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 25)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 20)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
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-Ahkam     Open Access   (Followers: 1)
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: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 57)
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: 8)
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   (Followers: 1)
Annales de droit     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)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
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: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
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: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 3)
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: 6)
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: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     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)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
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)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
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: 175)
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: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
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: 19)
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: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
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)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
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  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
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: 16)
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: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
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: 9)
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: 165)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Journal Cover
China-EU Law Journal
Number of Followers: 6  
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1868-5153 - ISSN (Online) 1868-5161
Published by Springer-Verlag Homepage  [2352 journals]
  • Fighting against climate change and for fair trade: finding the EU’s
           interest in the solar panels dispute with China
    • Authors: Coraline Goron
      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: 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: 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
    • Authors: Ilaria Espa
      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: 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: 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
  • Editorial introduction to the China–EU Law Journal special issue on the
           EU–China Investment Treaty in Interdisciplinary Perspective
    • Authors: Louis Brennan; Diarmuid Rossa Phelan
      Pages: 1 - 3
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0068-5
      Issue No: Vol. 5, No. 1-2 (2016)
  • The EU-China investment treaty: challenges, themes, competence
    • Authors: David O’Sullivan
      Pages: 5 - 10
      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: 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)
  • The “state-led-economy” issue in the BIT negotiations and its policy
           implications for China
    • Authors: Qingjiang Kong
      Pages: 13 - 29
      Abstract: The state-led-economy provisions in the U.S. model BIT, which was released in April 2012, aims to impose strict regulations on the SOEs and exert great influence on state-led economy model. China and the U.S. are now in the midst of negotiating a BIT, and the U.S. government insists on negotiating on the basis of its 2012 model BIT. If China is to accept the 2012 U.S. model for the proposed BIT between the two nations, unprecedented international obligations will be placed in the field of international investment. In this context, in order to provide a reference for the BIT negotiation, the author will analyze, from the perspective of normative jurisprudence, which economic activities are included in the scope of state-led economy provisions, whether China should accept the clauses and the possible impact of accepting it. China’s economy has indivisible relationship with State-owned enterprises (SOEs). At present, most of these SOEs have clustered in those sectors that play crucial roles in the national economy such as energy, telecommunication and finances. Despite several rounds of reform on the SOEs aiming at a separation of governmental functions from corporate management, and a modern market-oriented governance structure, Chinese SOEs remain monopolies or de facto monopolies with exclusive access to many important industries relevant to national economy and people’s livelihood. Further, SOEs can enjoy a lot of privileges in their operation, some even have certain regulatory authority which is supposed to be exercised by the government. This kind of economic model is called State-led economy. The 2012 U.S. model for bilateral investment treaties (BIT) is characterized by the inclusion of the state-led economy provisions, which means that there are more restrictive regulations governing SOEs and their special treatment, and countervailing their competition implication in the host country and their home country. Apart from creating a fair and impartial environment for the investors, this international investment regime, represented by 2012 U.S. BIT model, is in some way, intended to alter the host country’s economic governance regime. In accordance with the decision of the 5th round of the U.S.–China Strategic and Economic Dialogue, both parties are dedicated to proceeding the BIT negotiations (The 5th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2013). The U.S. government has insisted that they would base its 2012 model as a blueprint of BIT text negotiation. Seemingly to illustrate, the 6th round of the U.S.–China Strategic and Economic Dialogue has reached a consensus that an earlier launch of negotiation on the negative list will be expected in 2015 (The 6th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2014; Ministry of Commerce of the People’s Republic of China, The 14th Round of the U.S.–China Investment Treaty Negotiation is Held in Washington, D.C., 2014). If China is to accept the new BIT model, it will bring China a bundle of increasing obligations under this system and an unprecedented impact on China’s mode for economic development. As a contracting party, China will have to carry out a comprehensively economic reform to comply with the disciplines specified in the BIT. It is also understandable that the incorporation of the state-led economy provision in the China–U.S. BIT will in turn accelerate the domestic economic reforms. In this context, research on the issue of state-led economy in the BIT negotiation will be of significance to China’s dealing with the core issue in the BIT, China’s fulfillment of treaty obligations and its promotion of domestic economic reform via BIT negotiations. In order to provide a reference for the BIT negotiation, the author will identify from the perspective of normative jurisprudence, the economic activities that fall within the scope of state-led economy provisions, project the possible impact of state-led economy provisions and how China should handle negotiation surrounding the state-led economy issue.
      PubDate: 2016-05-03
      DOI: 10.1007/s12689-016-0066-7
      Issue No: Vol. 5, No. 1-2 (2016)
  • The EU–China Bilateral Investment Treaty: a challenging first test of
           the EU’s evolving BIT model
    • Authors: David Hallinan
      Pages: 31 - 53
      Abstract: The EU–China Bilateral Investment Treaty (BIT) is a genuine landmark in bilateral trade and investment relations and the evolution of the EU’s Common Commercial Policy. However, negotiating a BIT with China presents distinct challenges, primarily due to the radical differences that exist between the EU and China’s legal frameworks, their differing values and levels of development, and the structural features of their economic models. The EU’s evolving BIT model is still in the very early stages of its development, and China remains generally cautious on consent to international arbitration tribunals. This paper makes a novel contribution to the literature on EU–China investment law in several respects. Firstly, it provides an up-to-date account of how the negotiations for an EU–China BIT have been shaped by competitive externalities, i.e. current developments in the negotiation of Free Trade Agreements or BITs between the EU or China and third parties, or equally those among third-parties excluding both the EU and People’s Republic of China. It thus provides a broader context for understanding the pursuit of an EU–China BIT, framing the initiative in terms of mutual regard for external competitive pressures which threaten both parties with the prospect of disadvantage vis-à-vis key competitors in the others’ market for investment. Secondly, it traces the motivations for a BIT between the EU and China by examining recent bilateral investment and trade disputes, illustrating the potential that a BIT might hold to mitigate future tensions. Thirdly, it frames the proposed BIT in terms of the EU broader trade policy and trade diplomacy goals on China.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0065-8
      Issue No: Vol. 5, No. 1-2 (2016)
  • China and the EU: Where next in bilateral trade and investment
    • Authors: Hannah Levinger; Syetarn Hansakul
      Pages: 55 - 71
      Abstract: Trade and investment relations between China and the European Union (EU) have reached a momentous significance. China is the EU’s No. 1 supplier of goods and its second-largest export market. In turn, the EU is China’s largest trading partner. Not only goods but also services trade has large potential to grow, even as China undergoes a structural transition and the EU’s single market faces headwinds from a surge in state-centric political forces within Europe. Transport and trade-related services are bound to expand significantly as China’s integration into the world economy continues. Moreover, Chinese tourists have been flocking to Europe in ever greater numbers, giving a boost to related business. Foreign direct investment (FDI) is becoming the next engine of the China–EU partnership. While the EU is a long-standing investor in China, Chinese direct investment accounts for <1 % of the EU’s total inbound FDI stock. Investment relations have seen tremendous dynamism in line with Chinese companies’ outward expansion and Chinese M&A deals vis-à-vis the EU have grown rapidly in magnitude, scope and sophistication. Finally, plenty of headroom exists for greater adoption of the use of the Chinese Renminbi (RMB) in Europe, supporting financing of both investment and trade. The Bilateral Investment Treaty (BIT) currently in negotiation between China and the EU as well as growing rather than declining interdependence of trade and investment highlight the future potential for a comprehensive free trade agreement between the EU and China.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0062-y
      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: 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)
  • The new two-way street of Chinese direct investment in the European Union
    • Authors: Jeremy Clegg; Hinrich Voss
      Pages: 79 - 100
      Abstract: In the light of growing trade and investment flows, the investment relationship between the European Union (EU) and China needs to be revisited. Chinese firms face significant barriers in entering and operating in the European market whilst the European economy needs more investment. Support for investment may be crucial for both the EU and China to improve economic growth. The prospective International Investment Agreement (IIA) seeks to achieve this goal. This paper focuses on Chinese inward foreign direct investment into the EU and on the potential for generating greater mutual EU–China flows, improved market access and investor protection under the IIA.
      PubDate: 2016-07-01
      DOI: 10.1007/s12689-016-0063-x
      Issue No: Vol. 5, No. 1-2 (2016)
  • Competition law enforcement under informational asymmetry
    • Authors: Rainer Kulms
      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
    • Authors: Elisa Ruozzi
      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
    • Authors: Frank H. Stephen
      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: 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
    • Authors: Danièle Alexandre
      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: 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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