{"title":"Tibet and China's 'National Minority' Policies","authors":"Michael C. Davis","doi":"10.2139/ssrn.2127403","DOIUrl":"https://doi.org/10.2139/ssrn.2127403","url":null,"abstract":"China’s hard line and repressive policies have often stood in the way of its acceptance on the international stage. This legacy has nowhere been more evident than with respect to its national minority policies applied in Tibet. While China long ago in the 1951 17-point Agreement agreed to provide autonomy to Tibetans it has never delivered on this promise, offering repression and assimilation instead. In nearly every diplomatic outing, as was especially evident in the lead up to the 2008 Beijing Olympics, China’s Tibet policies have been an issue. With the 2007 UN Declaration on the Rights of Indigenous Peoples and the 2008 Tibetan Memorandum on Genuine Autonomy for the Tibetan People China surely has excellent guidance for a more humane policy to meet Tibetan concerns. With reference to its historical legacy and international standards, this article encourages China to embrace such policy reform.","PeriodicalId":292366,"journal":{"name":"University of Hong Kong Faculty of Law Legal Studies Research Paper Series","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125213463","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":"Financial Dispute Resolution in China: Arbitration or Court Litigation?","authors":"Shahla F. Ali, (Robin) Hui Huang","doi":"10.1093/arbitration/28.1.77","DOIUrl":"https://doi.org/10.1093/arbitration/28.1.77","url":null,"abstract":"Determining the appropriate venue for the resolution of financial disputes is a question that has received increased attention in recent years given the growth in financial and banking-related disputes. Within China, the general consensus has been that arbitration is generally to be preferred to in-court litigation due to several factors including practical and court-related considerations. This article critically compares how China’s national arbitration commissions and specialized financial courts are responding to new challenges brought about by an increase in the number of banking related disputes.","PeriodicalId":292366,"journal":{"name":"University of Hong Kong Faculty of Law Legal Studies Research Paper Series","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127527167","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":"Designing Journeys to the Social World: Hegel's Theory of Property and His Noble Dreams Revisited","authors":"Haochen Sun","doi":"10.2139/ssrn.1942053","DOIUrl":"https://doi.org/10.2139/ssrn.1942053","url":null,"abstract":"The conventional interpretations of Hegel’s theory of property show that property plays an important role in developing human individuality through the person-to-thing relationship. In this paper, I seek to repudiate the conventional interpretations by demonstrating that they are narrow-minded and unfaithful to Hegel’s thought on property. I then offer a new interpretation of Hegel’s theory of property. By and large, I aim to show that Hegel’s property theory provides a vantage point for us to rethink the relationship between persons and society in general and the nature of property in particular. Situated in the whole picture of Hegel’s social theory of freedom, I demonstrate that Hegel sees property as a social institution that plays a crucial role in shaping human individuality as well as sociability. On the one hand, mediated by the institution of property, a person nurtures and develops individuality or personal freedom in the social world consisting of things and other persons. On the other hand, the institution of property facilitates the cultivation of sociability by helping human beings become members of our society. Furthermore, social institutions in the Hegelian ethical life act as the indispensable catalyst for empowering property to spark the synergies between human individuality and sociability so as to actualize freedom for all human beings.","PeriodicalId":292366,"journal":{"name":"University of Hong Kong Faculty of Law Legal Studies Research Paper Series","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125494842","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":"A Tale of Two Competition Law Regimes - The Telecom-Sector Competition Regulation in Hong Kong and Singapore","authors":"Thomas K. Cheng","doi":"10.54648/woco2007031","DOIUrl":"https://doi.org/10.54648/woco2007031","url":null,"abstract":"Competition law has seen very active development in Asia in recent years. Ironically, Hong Kong and Singapore, as two of the freest and most competitive economies in the region, long held a sceptical attitude towards competition law. Singapore enacted its first cross-sector competition law in 2004, some say only due to American pressure. For years, the Hong Kong government defended its sectoral model and insisted that the city had no need for a cross-sector competition law. However, that obstinate attitude shifted in March 2007, when the government announced that Hong Kong would follow Singapore’s footsteps. Until the new law is passed, however, telecommunications remain one of the two sectors in both economies that are subject to active competition law enforcement. The telecom-sector regimes hence may provide useful examples for the new general competition regulator in Singapore, and for Hong Kong as it drafts its new cross-sector law. These telecom-sector regimes also carry independent significance. They are part of the two governments’ effort to liberalize their respective telecom sectors. This article evaluates these two regimes in light of their avowed objective of facilitating liberalization, and draws lessons from their experience to shed light on Hong Kong’s effort to adopt a cross-sector competition law.","PeriodicalId":292366,"journal":{"name":"University of Hong Kong Faculty of Law Legal Studies Research Paper Series","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132208241","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":"Making Markets: Reforms to Strengthen Asia's Debt Capital Markets","authors":"P. Lejot, D. Arner, Qiao Liu","doi":"10.2139/ssrn.1009009","DOIUrl":"https://doi.org/10.2139/ssrn.1009009","url":null,"abstract":"Liquid markets for debt securities exist comprehensively in no East Asian economy other than Japan, even though short or medium-term bonds are issued in most and Asian borrowers are established (though generally not prolific) international issuers. Todayi¦s markets provide a borrowing medium (not always effectively) for Asian governments, financial institutions and some companies, but investor activity is closely correlated with bank credit creation. Above all, the regioni¦s markets provide no real guard against crisis or contagion, nor act as a balance to banking systems susceptible to distortion and event risk. Asiai¦s economies may not suffer general capital shortages but poor resource allocation is pervasive and would be greatly improved by efficient national and regional financial markets. Seven years after its most profound financial crisis, Asia risks new contagion from any similar, unforeseen loss of confidence. Active debt capital markets would help limit such risks. The worldi¦s foremost bond markets developed as a result of intense national needs, and while economic growth will inevitably lead to greater bond issuance and trading this will be insufficient for the regioni¦s wider requirements without official sponsorship of active cooperative market reform. This paper contains three linked policy proposals: a matrix of steps to remove legal, fiscal, regulatory or systemic obstacles or omissions that hinder market usage; measures to encourage the development of a unified regional offshore market for local and major currency risk; and the concept of a regional body to promote the creation of asset-backed securities on a scale not previously contemplated and greatly expand activity in Asiai¦s debt markets.","PeriodicalId":292366,"journal":{"name":"University of Hong Kong Faculty of Law Legal Studies Research Paper Series","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133664455","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}