Asian Journal of Comparative Law最新文献_第3页

Political Censorship in British Hong Kong: Freedom of Expression and the Law (1842−1997) by Michael Ng. Cambridge: Cambridge University Press, 2022. 228 pp. Hardcover: £29.99 / HK$39.99 英属香港的政治审查:言论自由与法律(1842 - 1997)剑桥:剑桥大学出版社，2022。228页，精装版:29.99英镑/ 39.99港元

Asian Journal of Comparative Law Pub Date : 2023-09-13 DOI: 10.1017/asjcl.2023.27

Christopher Roberts

引用次数: 0

Venture Capital Law in Cambodia: Engineer the Regulatory Framework to Promote the Startup Ecosystem 柬埔寨的风险投资法:设计监管框架以促进创业生态系统

Asian Journal of Comparative Law Pub Date : 2023-09-12 DOI: 10.1017/asjcl.2023.24

Tharith Soeun

{"title":"Venture Capital Law in Cambodia: Engineer the Regulatory Framework to Promote the Startup Ecosystem","authors":"Tharith Soeun","doi":"10.1017/asjcl.2023.24","DOIUrl":"https://doi.org/10.1017/asjcl.2023.24","url":null,"abstract":"Abstract As the startup ecosystem emerges, Cambodia requires a distinct set of legal frameworks to promote many regulatory aspects to boost national innovation and strengthen the connection of key players in the ecosystem. One of them is financial support for startups, ‘Venture Capital Law’. Therefore, this paper studies the current existing legal framework of Venture Capital (VC) in Cambodia, key bottlenecks that VC encountered, comparative analysis with other countries such as the United States, Japan, and China, and then propose new regulatory frameworks which solve the key bottlenecks and aim to optimise the growth of a startup ecosystem. The finding is that different stages of VC present different bottlenecks such as fundraising (funding source), startup investment (investment readiness of the startup, and deal structure), and exit (immature the capital market for startup's IPO and lack of regulations for Merger and Acquisition (M&A)). The new regulatory frameworks should endorse the use of pension funds as a source of VC funds in the future, encourage private corporations to invest in startup causes, include regulations to promote the readiness of founders, encourage the use of convertible notes, and fasten the regulation governing M&A with the balance of antitrust law.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135879274","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}

引用次数: 0

Law as an Instrument: Sources of Chinese Law for Authoritarian Legality by Shucheng Wang. Cambridge: Cambridge University Press, 2022. 310 pp. Hardcover: US$ 110.00 作为工具的法律:专制法制的中国法律渊源王树成著。剑桥:剑桥大学出版社，2022。310页。精装:110美元

Asian Journal of Comparative Law Pub Date : 2023-09-11 DOI: 10.1017/asjcl.2023.26

Donald C Clarke

引用次数: 0

Anti-Corruption in a Party-State: Constitutional Implications of China's Supervisory Reform 党的国家反腐败：中国监察改革的宪政意义

Asian Journal of Comparative Law Pub Date : 2023-09-08 DOI: 10.1017/asjcl.2023.25

James WC Lee

引用次数: 0

Compensation Thresholds for Collective Sales: Singapore & Australia Compared 集体销售的薪酬门槛：新加坡和澳大利亚的比较

Asian Journal of Comparative Law Pub Date : 2023-08-25 DOI: 10.1017/asjcl.2023.21

Edward S W Ti

{"title":"Compensation Thresholds for Collective Sales: Singapore & Australia Compared","authors":"Edward S W Ti","doi":"10.1017/asjcl.2023.21","DOIUrl":"https://doi.org/10.1017/asjcl.2023.21","url":null,"abstract":"\u0000 Strata titles are a critically important Australian legal export. New South Wales’ (NSW) strata legislation has been particularly influential, having been adopted in numerous jurisdictions, including Singapore in 1967. As a statutory framework, strata law solves the problem of ‘floating freeholds’ by creating indefeasible ownership of individual units in a building, guides owners in managing the development, and sets out the dispute resolution process when disagreements occur.\u0000 In an increasing number of jurisdictions (including Singapore and three states in Australia), strata legislation also enables the strata scheme to be terminated and sold for redevelopment where the requisite majority, as opposed to an unanimity of subsidiary proprietors’ consent to the sale. Strata law imposes compensation thresholds that must minimally be paid to dissenting owners. In Singapore, the rule is that no minority owner should suffer a ‘financial loss,’ while in NSW and Western Australia (WA), this amount is pegged to what the owner would theoretically have obtained had the unit been acquired compulsorily by the state. In this article, I compare strata law in Singapore, NSW, and WA in relation to compensation thresholds and explain why the Australian market value standard should also be adequate to compensate unit owners in Singapore.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49450086","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}

引用次数: 0

How does the Appraisal Right with the Concept of the Fair Value Including Synergies Work?: Lessons from Japan 公允价值概念下的评估权如何发挥协同作用？：日本的经验教训

Asian Journal of Comparative Law Pub Date : 2023-08-22 DOI: 10.1017/asjcl.2023.22

Hidefusa Iida

{"title":"How does the Appraisal Right with the Concept of the Fair Value Including Synergies Work?: Lessons from Japan","authors":"Hidefusa Iida","doi":"10.1017/asjcl.2023.22","DOIUrl":"https://doi.org/10.1017/asjcl.2023.22","url":null,"abstract":"\u0000 This article presents how the appraisal right, with the concept of the fair value which includes synergies, has worked in Japanese corporate law. The appraisal right gives dissenting shareholders the ability to protect their interests. The Delaware courts calculate a fair value by excluding synergy effects in appraisal proceedings. One can criticise the exclusion of synergies because the petitioners of the appraisal right might receive less than the merger price. It would be interesting to analyse how the situation changes if the fair value includes synergies. Japanese corporate law gives a good illustration for this. The revision of the Companies Act of Japan in 2005 enhanced the role of the appraisal right by empowering the Court to include synergy value into the determination of fair value. However, Japan's Court developed the doctrine to use the deal price as a fair value with a relatively lax review of the fairness of the deal process. This has resulted in an unattractive situation for petitioners of appraisal remedies, because they rarely gain profits through the appraisal remedy. Empowering minorities in black letter law does not necessarily strengthen minority protection in reality.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49023518","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}

引用次数: 0

The Islamisation of the English Trust: The Hibah Trust in Malaysia 英国信托的伊斯兰化：马来西亚的Hibah信托

Asian Journal of Comparative Law Pub Date : 2023-06-29 DOI: 10.1017/asjcl.2023.19

H. Tang

引用次数: 0

Breaching the Taboo? Constitutional Dimensions of the New Chinese Civil Code 打破禁忌?新民法典的宪法维度

Asian Journal of Comparative Law Pub Date : 2023-05-25 DOI: 10.1017/asjcl.2023.18

Alec Stone Sweet, Chong Bu, Ding-Hao Zhuo

{"title":"Breaching the Taboo? Constitutional Dimensions of the New Chinese Civil Code","authors":"Alec Stone Sweet, Chong Bu, Ding-Hao Zhuo","doi":"10.1017/asjcl.2023.18","DOIUrl":"https://doi.org/10.1017/asjcl.2023.18","url":null,"abstract":"\u0000 Chinese elites have celebrated its new Civil Code (2021) as the most important statute in the nation's history, and the ‘cornerstone’ of its turn toward ‘rule of law’. The Code expressly binds all persons, as well as public officials, and is judicially enforceable. The statute enshrines rights to dignity, equality, personal liberty, property, and privacy, among others, and codifies duties to protect the environment and to evolve effective means to combat sexual harassment. Echoing the German Code, the statute also contains ‘general clauses’ that enable the courts to restrict enumerated rights and entitlements for reasons of ‘good morals’, ‘public order’, and the rights of others. While constituting an act of massive delegation to the courts, judges remain prohibited from directly enforcing the PRC's Constitution. The article explores the relationship between the Code and Constitution, through a comparative analysis of: (i) the process of ‘constitutionalising’ the private law around the globe; (ii) the scholarly discourse on the ‘horizontal effect’ of rights in China; (iii) the structure of the Code itself; and (iv) the development of ‘political’ control mechanisms, to be deployed by the Communist Party of China and organs of the state to constrain how judges use their interpretive powers.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43503398","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}

引用次数: 0

All Roads Lead to Beijing? Shifts in Chinese Labour and Capital During the COVID-19 Pandemic – CORRIGENDUM 条条大路通北京？新冠肺炎大流行期间中国劳动力和资本的转移——CORRIGENDUM

Asian Journal of Comparative Law Pub Date : 2023-04-01 DOI: 10.1017/asjcl.2023.16

Ying Wu, L. Crout, A. Matković

引用次数: 0

Civilisation on Pause – Introduction to special issue ‘China's Global Capital and the Coronavirus: Views from Comparative Law and Regulation’ – CORRIGENDUM 文明暂停-特刊“中国的全球资本与冠状病毒:来自比较法和法规的观点”导言-勘误表

Asian Journal of Comparative Law Pub Date : 2023-04-01 DOI: 10.1017/asjcl.2023.17

Matthew Erie

引用次数: 0