Asian Journal of Comparative Law最新文献_第5页

The ‘two faces’ of cross-border, transactional legal practice during Covid-19: how and from where have lawyers mobilised China's capital flows under lockdown? 2019冠状病毒病期间跨境交易性法律业务的“两面”:律师如何以及从哪里动员封锁下的中国资本流动?

Asian Journal of Comparative Law Pub Date : 2023-02-27 DOI: 10.1017/asjcl.2023.3

Michael Yip, Amasara Gajadeera, Justin Monsenepwo, Nuraiym Syrgak kyzy

引用次数: 0

COVID-19 and Dispute Resolution in China: Trends in Arbitration and Litigation 2019冠状病毒病与中国争议解决:仲裁与诉讼趋势

Asian Journal of Comparative Law Pub Date : 2023-02-20 DOI: 10.1017/asjcl.2023.2

Kai-Shen Huang, Enhui Shen, Monika Prusinowska, Ji Ma, Magdalena Łągiewska

引用次数: 0

All Roads Lead to Beijing? Shifts in Chinese Labour and Capital During the COVID-19 Pandemic 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

Asian Journal of Comparative Law Pub Date : 2023-02-17 DOI: 10.1017/asjcl.2023.1

Y. Wu, L. Crout, A. Matković

{"title":"All Roads Lead to Beijing? Shifts in Chinese Labour and Capital During the COVID-19 Pandemic","authors":"Y. Wu, L. Crout, A. Matković","doi":"10.1017/asjcl.2023.1","DOIUrl":"https://doi.org/10.1017/asjcl.2023.1","url":null,"abstract":"Abstract The unprecedented global pandemic has shaken the world's foundations – upending legal institutions, toppling established principles of transnational governance, and limiting mobility between nations. In the People's Republic of China (the PRC or China), one of the most significant legal developments is the major reconfiguration of the state's labour and capital policies oriented towards its economic partners with emerging economies and economies in transition. These policies have changed dramatically, especially given the disproportionate impact of the pandemic on lower-income states. China's domestic situation and its need to meet evolving transnational demands also contribute to the reformation of these economic ties, and perhaps precede further changes to be implemented in the future. To provide much-needed insight into this ongoing transformation, this Article investigates how China's labour and capital policies towards its key international partners have developed in response to the pandemic. Drawing on three case studies, we use a socio-legal approach to analyse the status of migrants from African countries in China, labour immigration to China from its southwestern border regions, and the emigration of Chinese nationals to Serbia and the Balkans for the purposes of labour and investment. Through these representative developments, this Article unveils new trends in China's post-pandemic labour and capital policies, including enhanced responsiveness; a security-centric approach to border management; and an improving regulatory approach to ordinary migration channels.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48634251","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: 1

Chinese Investment in Malaysia: COVID-19, Democracy and Beyond 中国在马来西亚的投资：新冠肺炎、民主与超越

Asian Journal of Comparative Law Pub Date : 2023-01-25 DOI: 10.1017/asjcl.2022.29

V. Chen, Weitseng Chen

{"title":"Chinese Investment in Malaysia: COVID-19, Democracy and Beyond","authors":"V. Chen, Weitseng Chen","doi":"10.1017/asjcl.2022.29","DOIUrl":"https://doi.org/10.1017/asjcl.2022.29","url":null,"abstract":"Abstract China's rising influence in parts of the developing world has raised concerns among the US and its allies. In the wake of the COVID-19 outbreak, the provision of vaccines and aid to countries in the Global South have further heightened anxieties over the potential for diffusion of China's ideals. China's investments are thought to promote the diffusion of its perspectives of rule of law and democracy, posing a challenge to the global dominance of Western liberal democratic values. Nonetheless, few studies have examined how the diffusion of China's ideals may occur through its investments and infrastructure projects in young democracies such as Malaysia whose governance and legal system significantly outperform China's according to various global indexes. This article investigates the increasing engagement with China and the reasons for this trend against the backdrop of Malaysia's legal and political institutions inherited from the West. It considers how young democracies like Malaysia are vulnerable to China's influence, intentional or unintentional, through investment. The analysis sheds light on the mechanisms that give rise to such vulnerability, exploring how the electoral system and rule of law may facilitate and amplify the impact of Chinese investment, with broader implications. Shared tacit understandings, such as the instrumentality of law and the nexus between state and business, which facilitate cross-country cooperation are also examined.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44361029","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

Civilisation on Pause – Introduction to special issue ‘China's Global Capital and the Coronavirus: Views from Comparative Law and Regulation’ 暂停的文明-特刊《中国的全球资本与冠状病毒:比较法与法规的观点》导论

Asian Journal of Comparative Law Pub Date : 2023-01-23 DOI: 10.1017/asjcl.2022.32

Matthew Erie

{"title":"Civilisation on Pause – Introduction to special issue ‘China's Global Capital and the Coronavirus: Views from Comparative Law and Regulation’","authors":"Matthew Erie","doi":"10.1017/asjcl.2022.32","DOIUrl":"https://doi.org/10.1017/asjcl.2022.32","url":null,"abstract":"Abstract Pandemics have a history of interrupting civilisations. From the Greeks and Romans to the British Empire, pandemics have eroded political authority and caused economic instability. The twenty-first century has been hailed as the ‘Asian century’, with China's ascent as central to a reconfiguration of global capital and power. The COVID-19 pandemic, that began in 2019 and still rages as of this writing, started in China and was exacerbated by initial repression by the local government authorities before the central government could implement appropriate disaster response. Since then, COVID-19 has been one of the most devastating pandemics in the history of globalisation. Its mortality has been coupled with regulatory responses which at times have been debilitating to national economies, no less is this true for China's own regulatory response which has been anomalous across the world. This Special Issue explores the impact the COVID-19 pandemic has had on Chinese overseas direct investment and the concomitant forms of capital (symbolic, social, and political). It features collaborative research and writing by early career experts from throughout the world, as part of the ‘China, Law and Development’ project, based at the University of Oxford. It examines how China, its trade partners, and transnational orders have responded to the pandemic through law and regulation across an array of fields: dispute resolution, legal services, immigration law and policy, digital surveillance, global health governance, and democratic fragility.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136297810","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: 1

Digital Surveillance Trends and Chinese Influence in Light of the COVID-19 Pandemic COVID-19大流行背景下的数字监测趋势及中国影响

Asian Journal of Comparative Law Pub Date : 2023-01-23 DOI: 10.1017/asjcl.2022.31

Marco André Germanò, Ava Liu, Jacob Skebba, Bulelani Jili

{"title":"Digital Surveillance Trends and Chinese Influence in Light of the COVID-19 Pandemic","authors":"Marco André Germanò, Ava Liu, Jacob Skebba, Bulelani Jili","doi":"10.1017/asjcl.2022.31","DOIUrl":"https://doi.org/10.1017/asjcl.2022.31","url":null,"abstract":"Abstract Countries across the world expanded digital surveillance strategies in response to the COVID-19 pandemic. As the pandemic occurred contemporaneously with a global trend toward greater digital repression, commentators advanced the notion that China would use the health crisis to promote a technology-enabled form of authoritarian governance abroad. This article surveys the evidence for these claims by first examining the literature on the increase of digital surveillance associated with China and then presenting three case studies from developing countries with varying responses to the COVID-19 pandemic. The selected countries – Brazil, South Africa and Vietnam – used surveillance technology as part of their pandemic response and have either been influenced by Chinese approaches or adopted Chinese technology in recent years. Examining these case studies allows us to better understand claims regarding China's role in the general spread of digital surveillance and the interplay between Chinese state objectives and local political environments. Crucially, we illustrate how China's engagement in digital governance abroad is heavily contingent on domestic environments. Against a backdrop of China's growing influence in global digital governance, the effects observed in these case studies of Chinese surveillance models and technology proliferating through pandemic management are diffuse and contextualised by local factors.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44181052","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

China's New Global Health Governance 中国新的全球卫生治理

Asian Journal of Comparative Law Pub Date : 2023-01-23 DOI: 10.1017/asjcl.2022.30

Jingyuan Zhou, Yilin Wang, Ngozi S Nwoko, Saeed Qadir

引用次数: 2

ACL volume 17 issue 2 Cover and Back matter ACL第17卷第2期封面和封底

Asian Journal of Comparative Law Pub Date : 2022-12-01 DOI: 10.1017/asjcl.2022.27

引用次数: 0

ACL volume 17 issue 2 Cover and Front matter ACL第17卷第2期封面和封面

Asian Journal of Comparative Law Pub Date : 2022-12-01 DOI: 10.1017/asjcl.2022.26

引用次数: 0

Adapting Telecommunications Regulation to Competition: A Selection of Key Issues for Reform in the Philippines 使电信监管适应竞争：菲律宾改革的关键问题选择

Asian Journal of Comparative Law Pub Date : 2022-11-04 DOI: 10.1017/asjcl.2022.21

K. Uy

引用次数: 0