Asian Law eJournal最新文献

{"title":"Predicting Poverty Using Geospatial Data in Thailand","authors":"Nattapong Puttanapong, Arturo Martinez, Jr., Mildred Addawe, J. Bulan, Ron Lester Durante, Marymell Martillan","doi":"10.2139/ssrn.3785116","DOIUrl":"https://doi.org/10.2139/ssrn.3785116","url":null,"abstract":"This study examines an alternative approach in estimating poverty by investigating whether readily available geospatial data can accurately predict the spatial distribution of poverty in Thailand. It also compares the predictive performance of various econometric and machine learning methods such as generalized least squares, neural network, random forest, and support vector regression. Results suggest that intensity of night lights and other variables that approximate population density are highly associated with the proportion of population living in poverty. The random forest technique yielded the highest level of prediction accuracy among the methods considered, perhaps due to its capability to fit complex association structures even with small and medium-sized datasets.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126049465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Alternative Indicators for Chinese Economic Activity Using Sparse PLS Regression","authors":"Jan J. J. Groen, Michael Nattinger","doi":"10.2139/ssrn.3787041","DOIUrl":"https://doi.org/10.2139/ssrn.3787041","url":null,"abstract":"Official Chinese GDP growth rates have been remarkably smooth over the past decade, in contrast with alternative Chinese economic data. To better identify Chinese business cycles, we construct a sparse partial least squares (PLS) factor from a wide array of Chinese higher-frequency data, targeted toward variables that are highly correlated with important aspects of the Chinese economy. Our resulting alternative growth indicator clearly identifies Chinese business cycle fluctuations and it performs well both in out-of-sample testing for China as well as when applied to other economies. Using this indicator, we decompose deviations from growth trends into global growth, credit supply, and monetary policy components, and this decomposition suggests that, in contrast to China’s 2015-16 slowdown, the country’s 2018-19 slowdown was mainly due to deteriorating domestic credit conditions.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116476820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Overlapping Negotiations, Conflicting Interests? EU-Singapore Negotiations","authors":"Lachlan Mckenzie, Katharina L. Meissner","doi":"10.2139/ssrn.3710712","DOIUrl":"https://doi.org/10.2139/ssrn.3710712","url":null,"abstract":"In 2013, the European Union (EU) concluded its first comprehensive trade agreement with a Southeast Asian partner. The EU-Singapore agreement (EUSFTA) was meant as a blueprint for further negotiations in the region and indeed it was paralleled by trade talks between the EU and other members of the Association of Southeast Asian Nations (ASEAN). Given the significant challenges and roadblocks the EU faced in concluding both inter-regional and bilateral trade deals in Asia prior to the EUSFTA, the conclusion of this agreement can be understood as a significant success. However, this success has come at the cost of a shift in EU external relations away from the promotion of its own foundation norms of human rights, rule of law and democracy. This shift has had a deleterious effect on the EU’s legitimacy, founded on upholding these norms, both internally and in the Asian region. As a blueprint agreement, the EUSFTA can be analyzed to understand how this shift in the EU’s external relations will shape the EU’s wider trade policy in East Asia as well as the future of EU-Asia trade relations. This working paper will explore these negotiations and argue that the EU unbundled trade policy from its rights-based foreign policy in the EUSFTA. We argue that this creates significant opportunity for Singapore and other Asian states, but also presents a critical risk to the EU’s foundation norms, which were compromised in the EU’s negotiation of the EUSFTA.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133532127","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Role of IP Due Diligence in Patent Area under Chinese Jurisdiction","authors":"Lishan Ai","doi":"10.2139/ssrn.3903906","DOIUrl":"https://doi.org/10.2139/ssrn.3903906","url":null,"abstract":"With the advent of economic globalization, a growing number of countries have realized the value of IPRs in enhancing their competitiveness in the world economy. Intellectual property protection has become a worldwide concern in terms of cross-border competition. The acceleration in technology development and money-spinning compensation in lawsuit makes patents particularly crucial among other IPRs for a company to compete towards market rivals. IPDD is of great legal importance in terms of listing, M&A, independent R&D and infringement lawsuits. IP assets, including but not limited to patents drive many high technology strategies. For a variety of reasons, too many high-tech companies own patent rights without having an accurate understanding of the true value and real/potential risks associated with their patent portfolios or without initially developing and executing an assessment to thoroughly understand what their patent portfolios will entail. Serious consequences of IP due diligence failures take place again and again. As a consequence, it is of particular importance to conduct specific IPDD based on different needs in different scenarios. From the perspective of patent rights, the IPDD project mainly includes dealing with patentable subject matter, patentability requirements, scope of protection, prosecution of patent applications, and, e.g. enforcement and patent litigation. All these issues find a close match in statutory rules and their court interpretation. Thereby the sight for many issues decisive for successful exploitation of patents, but also all other forms of IP rights, as well as the reasons underlying their justification, often fall short. This applies to decisions such as: whether to invest into a risky R&D project; whether and where to file and prosecute a patent application; whether to exploit a patent in own manufacturing activity, or to use it as a strategic tool against competitors; whether to license or assign a patent to a third party, or whether to take a license, or acquire a third party patent; finally, e.g., whether to acquire or not to acquire a company or to merge with it, in view of its patent portfolio. Taken these into consideration, the main discussion of the thesis includes the discussions on the objectives and limitations of IPDD, the instrument of IPDD and the role of due diligence in different scenarios. The study shows that conducting an IPDD will not only provide a pre-warning of a potential IP infringement but also assist in building up a promising business plan. IPDD can also help a company to determine the nature of IP protection in demand, estimate the possibility of IP disputes, avoid pitfalls in M&A and minimize the damage in the event the infringement established. For China, an IP latecomer, the experience and development of other jurisdictions may shed some light on how to make full use of IPDD in China. However, it is not advisable to transplant the other jurisdiction into China’s legislation ","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130728105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Korea’s Patterns of Trade","authors":"J. Imbs, Laurent L. Pauwels","doi":"10.22904/SJE.2020.33.3.004","DOIUrl":"https://doi.org/10.22904/SJE.2020.33.3.004","url":null,"abstract":"Imbs and Pauwels (2020) introduce a measure of openness based on indirect trade. This paper illustrates the differences in the Korean patterns of trade when openness is measured using conventional measures based on direct trade, and when it is measured using this measure of indirect trade, labeled Export Intensity (EI). According to EI, the Republic of Korea (Korea) has been following an upward trend in openness since 2000 and even after 2010. This stands in contrast with most other large trading countries, including China and Germany. We show this is a reflection of Koreas integration with a few partner economies, most notably China. Vertical integration is considerable between Korea and China, in manufacturing and in services alike. The extent of this integration would be invisible on the basis of conventional measures of openness.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123771037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Plausibility of Local Currency Contribution to the CMIM","authors":"Soyoung Kim, Woongji Im","doi":"10.22904/SJE.2020.33.3.007","DOIUrl":"https://doi.org/10.22904/SJE.2020.33.3.007","url":null,"abstract":"Financial support from AMRO is acknowledged. The research was a part of the research project on “Local Currency Contribution to the CMIM.” The findings, interpretations, and conclusions expressed in this material represent the views of the author(s) and are not necessarily those of the ASEAN+3 Macroeconomic Research Office (AMRO) or its member authorities. Neither AMRO nor its member authorities shall be held responsible for any consequence of the use of the information contained herein. We would like to thank an anonymous referee for valuation comments and suggestions.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126222864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Have Our First Responses for COVID-19 Eased Financial Markets? Case of the Philippines","authors":"Justin Eloriaga","doi":"10.2139/ssrn.3602535","DOIUrl":"https://doi.org/10.2139/ssrn.3602535","url":null,"abstract":"The COVID-19 pandemic has adversely affected the financial markets of the world. In this paper, we zero in on the Philippine financial markets and determine whether the initial policy responses of the national government and the domestic bourse were able to quell the uncertainty and ease the financial markets. In evaluating the effect of these measures, we consider a simple generalized Chow’s test to determine if key policies and market events were able to significantly affect a slew financial market variables representing the FX market, the equities market, the bond market, and the cost of borrowing. The results suggest that the initial monetary and fiscal actions have been able to ease the financial markets as a modest rebound in the equities market, an appreciation of the Peso, and a lower cost of borrowing and lending have been observed for the period in review.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130016094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reflections on the Key Ingredients for Successful Reform of International Commercial Arbitration in the Asia Pacific","authors":"W. Gu","doi":"10.1007/978-3-030-42974-4_6","DOIUrl":"https://doi.org/10.1007/978-3-030-42974-4_6","url":null,"abstract":"","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117023589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Insolvency Issue in Corporate Law: A Reference of Nepal","authors":"Suman Acharya","doi":"10.2139/ssrn.3570642","DOIUrl":"https://doi.org/10.2139/ssrn.3570642","url":null,"abstract":"Insolvency is the important issue of contemporary business world which can be used both in personal sense and corporate sense. However, personal insolvency is little practiced across the globe despite the origin of insolvency from it whereas corporate insolvency is the basic part of contemporary corporate law. So, insolvency law makes global business order possible because the distress company or legal person are liquidated and dissolved by using same techniques, which prevents the company from further deterioration. There can be much effort to rescue company through receivership and examination-ship. Otherwise, insolvency of company through liquidation; both voluntary and compulsory is the final resort. Moreover, bankruptcy is generally used for personal economic distress and insolvency is used for corporate economic and financial distress. Both, restructuring and dissolution are the two part of the insolvency process. So, this paper tries to analyze the insolvency issues in relation with Nepalese insolvency law. Conversely, prevailing insolvency law of Nepal doesn’t deal with foreign aspect of insolvency. It brings challenges because contemporary business and corporate worlds are cross-national and transnational in nature. Thus, insolvency is the result and answer of corporate failure caused by any incidences. It has different point of view i.e. benefit of creditors, business contract, communitarian, economic, accountability, curative, moral and enforcement etc.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127353145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analyzing the Relationship between Planning Theories and Affordable Housing Provision Practices in Dhaka, Bangladesh","authors":"R. Ahasan, Md. Nazmul Hoda","doi":"10.2139/ssrn.3560573","DOIUrl":"https://doi.org/10.2139/ssrn.3560573","url":null,"abstract":"With rapid urbanization and urban growth, Dhaka, the capital city of Bangladesh, is struggling with providing affordable housing for the inhabitants with the limited resources available. This paper examined the role of all the stakeholders and the impact of stakeholder's coordination in the governance practice - whether it is enabling the practice to succeed or failing it. It also explores the perspective of increasing informality and lack of housing in Dhaka city in addition to how the lack of knowledge and power imbalance contributes to that growth rate. The investigation was performed by analyzing the role of laws and regulations (rules and how authorities are using those) that are either encouraging or limiting the availability of formal living spaces in the city. In conclusion, this paper tried to evaluate the purpose of planning and the role of planners in ensuring the stakeholder participation in housing provision, especially for the marginalized inhabitants of the city and how that practice would relate to the contemporary planning theories.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":"401 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121806056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}