Perspectives On Chinese Business And Law

Author : Łukasz Gołota,Jiaxiang Hu,Kim van der Borght,Saisai Wang
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2018
Category : Business enterprises, Foreign
ISBN : 1780686390

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Perspectives on Chinese Business and Law by Łukasz Gołota,Jiaxiang Hu,Kim van der Borght,Saisai Wang Pdf

Perspectives on Chinese Business and Law contributes to the debate and understanding on China by offering insights and perspectives from both Chinese and European scholars on themes related to business and economic affairs. The current foreign trade and business-related legal framework of China are expressed along with certain historical and political analysis on China's development. This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of China's law on foreign related business affairs. This comprises economic and political background information, including China's economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely: commercial arbitration law; contract law; company law; IPR protection; financial law; foreign direct investment law; and also the establishment of overseas branches of Chinese companies in the EU.

Author : Rajeswary Ampalavanar Brown
Publisher : Taylor & Francis
Page : 480 pages
File Size : 42,6 Mb
Release : 1996
Category : Business & Economics
ISBN : 0415142938

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Chinese Business Enterprise by Rajeswary Ampalavanar Brown Pdf

Author : Matthieu Burnay
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 41,6 Mb
Release : 2018-07-27
Category : Law
ISBN : 9781788112390

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Chinese Perspectives on the International Rule of Law by Matthieu Burnay Pdf

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Author : Guiguo Wang
Publisher : Routledge
Page : 658 pages
File Size : 50,8 Mb
Release : 2014-12-05
Category : Law
ISBN : 9781134442492

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International Investment Law by Guiguo Wang Pdf

Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.

Author : Vai Io Lo,Xiaowen Tian
Publisher : Routledge
Page : 441 pages
File Size : 46,5 Mb
Release : 2004-08-02
Category : Business & Economics
ISBN : 9781134344857

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Law and Investment in China by Vai Io Lo,Xiaowen Tian Pdf

The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.

Author : Maarten Roos
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 52,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132543

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Chinese Commercial Law by Maarten Roos Pdf

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

Author : Patricia Blazey,Kay-Wah Chan
Publisher : Law Book Company for New South Wales Bar Association
Page : 498 pages
File Size : 43,7 Mb
Release : 2008
Category : China
ISBN : 045522496X

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The Chinese Commercial Legal System by Patricia Blazey,Kay-Wah Chan Pdf

The economic power and influence of The People's Republic of China continues to grow. Accordingly, an appreciation of the commercial environment of China has never been so important. THE CHINESE COMMERCIAL LEGAL SYSTEM provides a valuable insight into significant features of commercial law and culture in China. Written by specialists on Chinese business law from Australia, South-East Asia and China itself, this book addresses the intricacies of Chinese business culture from both perspectives. The distinctiveness of this book lies in its consideration of the historical discussion of China's legal system, exploring the relationship between law, business and culture. The reader can then understand why China has never regarded law as fundamental to its business practice and why it is now rapidly passing laws in order to comply with its obligations under the WTO. The text also attempts to explain why Chinese culture permeates eery facet of commercial life.

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 47,7 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Danling Yu
Publisher : Springer
Page : 282 pages
File Size : 48,5 Mb
Release : 2018-10-23
Category : Business & Economics
ISBN : 9789811309021

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Chinese Business Law by Danling Yu Pdf

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author’s experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

Author : Guanghua Yu
Publisher : Routledge
Page : 265 pages
File Size : 52,5 Mb
Release : 2013-03-12
Category : Business & Economics
ISBN : 9781136667343

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Rethinking Law and Development by Guanghua Yu Pdf

This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China’s economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China’s economic development, political change, and China’s interaction with the international community. The book explores the development of the Chinese legal system from both China’s historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China’s economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.

Author : Lei Mei
Publisher : Oxford University Press
Page : 304 pages
File Size : 50,7 Mb
Release : 2012-10-19
Category : Law
ISBN : 9780199333769

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Conducting Business in China by Lei Mei Pdf

With the rise of the Chinese economy and consumer market, intellectual property (IP) conflicts in Sino-U.S. business transactions are increasing, and consequently, companies are intent on achieving maximum IP values in China-related cross-border transactions. Conducting Business in China: An Intellectual Property Perspective provides readers with the necessary guidance on conducting business in China from an intellectual property perspective, offering specific advice on how to profitably leverage technology and IP assets while minimizing potential risk for companies and their Chinese counterparts.

Author : Jianfu Chen
Publisher : BRILL
Page : 352 pages
File Size : 53,5 Mb
Release : 2023-07-24
Category : Law
ISBN : 9789004420854

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From Administrative Authorisation to Private Law by Jianfu Chen Pdf

This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.

Author : Emmanuel Meril
Publisher : Unknown
Page : 0 pages
File Size : 46,9 Mb
Release : 2010
Category : Business enterprises, Foreign
ISBN : 0314265252

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Best Practices for International Business Transactions in China by Emmanuel Meril Pdf

Best Practices for International Business Transactions in China provides an authoritative, insiders perspective on key strategies for representing and advising companies entering into international business transactions with China. Featuring partners from some of Chinas leading law firms, these experts guide the reader through the process of doing business in China, including negotiating with Chinese parties, finding a local partner, choosing a Chinese trademark, and understanding the key elements of a joint venture. These top lawyers reveal their advice on the impact of local trade policy on business transactions and offer their thoughts on meeting the changing needs of corporate clients. From discussing the impact of the global financial crisis on China to providing insight on key changes in Chinese business law, these authors explain important factors to keep in mind when conducting business in todays economic and legal environment. Additionally, these leaders offer tips on fostering compliance with the Foreign Corrupt Practices Act and on handling international transactions involving IP disputes. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating international business transactions in China.

Author : Yuwa Wei
Publisher : Kluwer Law International B.V.
Page : 263 pages
File Size : 45,8 Mb
Release : 2003-04-01
Category : Business & Economics
ISBN : 9789041199089

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Comparative Corporate Governance : A Chinese Perspective by Yuwa Wei Pdf

The analysis is notable for its insistence that, for a corporate governance system to work, the principles and practicalities of that system must be derived from customary cultural norms. Experience shows that imported models, although they may be enshrined in law, lead to economic stagnation unless actual practice is monitored and reformed and the laws change to reflect these necessary adjustments. Thus the model proposed here begins with the Company Law of 1994, and proceeds to show how practical experience is already providing valuable data for the task of improving the law.

Author : Jorge Oliveira,Paulo Cardinal
Publisher : Springer Science & Business Media
Page : 810 pages
File Size : 55,6 Mb
Release : 2009-07-21
Category : Law
ISBN : 9783540685722

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One Country, Two Systems, Three Legal Orders - Perspectives of Evolution by Jorge Oliveira,Paulo Cardinal Pdf

“One Country, Two Systems, Three Legal Orders” – Perspectives of Evolution – : Essays on Macau’s Autonomy after the Resumption of Sovereignty by China” can be said, in a short preamble-like manner, to be a book that provides a comprehensive look at several issues regarding public law that arise from, or correlate with, the Chinese apex motto for reunification – One Country, Two Systems – and its implementation in Macau and Hong Kong. Noble and contemporary themes such as autonomy models and fundamental rights are thoroughly approached, with a multilayered analysis encompassing both Western and Chinese views, and an extensive comparative law acquis is also brought forward. Furthermore, relevant issues on international law, criminal law, and historical and comparative evolutions and interactions of different legal s- tems are laid down in this panoramic, yet comprehensive book. One cannot but underline the presence, in the many approaches and comments, of a certain aura of a modern Kantian cosmopolitanism revisitation throughout the work, especially when dealing with the cardinal principle of «One Country, Two Systems», which enabled a peaceful and integral reunification ex vi international law – the Joint Declarations – that ended an external and distant control.