Asia Pacific Law Review最新文献_第10页

Collected essays on international law 国际法论文集

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786257

Wenjun Yan

引用次数: 0

Sovereignty in China: a genealogy of a concept since 1840 中国的主权:1840年以来一个概念的谱系

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786259

Zhuo Yang Sophie

引用次数: 6

The sharing economy and China’s antimonopoly law: from the Didi case to regulatory challenges* 共享经济与中国反垄断法:从滴滴一案到监管挑战*

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786250

Jing Cai

{"title":"The sharing economy and China’s antimonopoly law: from the Didi case to regulatory challenges*","authors":"Jing Cai","doi":"10.1080/10192557.2020.1786250","DOIUrl":"https://doi.org/10.1080/10192557.2020.1786250","url":null,"abstract":"ABSTRACT The sharing economy is a new industrial model that has been booming in China over the past decade. China’s antimonopoly law, however, has stayed relatively dormant while this innovative business has been expanding. For this article, I have chosen Didi Chuxing (Didi), the largest online ride-hailing service provider in the Chinese market, as my research subject. Didi’s rapid development mirrors the sharing economy’s prosperity in China as well as challenges faced by antimonopoly law. Based on my observation of Didi’s business expansion, I point out three major anticompetitive concerns: predatory pricing, abuse of a dominant position, and undue interference by government authorities. This article concludes by suggesting three ways to address these concerns. Firstly, it suggests strengthening the antimonopoly law’s core value of efficiency, which could help law enforcers escape from the confinement of traditional antitrust concepts and adopt more flexible and efficient approaches to analyse companies’ behaviours. Secondly, it suggests adjusting the merger control thresholds and developing more flexible rules to review behaviours related to a dominant position in the sharing economy. Thirdly, the Fair Competition Review System is expected to be an effective mechanism to prevent governments from unduly interfering in competition in the sharing economy.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"28 1","pages":"159 - 178"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10192557.2020.1786250","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44844717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Hong Kong’s data breach notification framework — inadequacies and corrective actions required 香港数据泄露通知框架-不足之处和需要采取的纠正措施

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786252

Rebecca Ong

{"title":"Hong Kong’s data breach notification framework — inadequacies and corrective actions required","authors":"Rebecca Ong","doi":"10.1080/10192557.2020.1786252","DOIUrl":"https://doi.org/10.1080/10192557.2020.1786252","url":null,"abstract":"ABSTRACT Data breaches resulting from information security failures continue to be a matter of pressing concern. Given the increasing number of compromised data security incidents globally, data breach notification has emerged as an issue of increasing urgency. In response, breach notification laws have been enacted to ensure individuals are appropriately informed when their personal identifiable information (PII) has been compromised, so as to enable affected individuals to mitigate any harm so arising. Mandatory data breach notification laws are an important development in this regard. Such laws mandate that an organization that has suffered a data breach involving personal identifiable information shall notify affected individuals and in some cases, regulators. This article argues that for Hong Kong to maintain its rightful place across international norms, as a modern, legally and commercially trustworthy and reliable jurisdiction, and at the same time continues to assure its citizens that the confidentiality of their PII is secure, a mandatory approach to data breach notification needs to be implemented.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"28 1","pages":"69 - 96"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10192557.2020.1786252","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49611124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Upholding the right to legal representation in China — an Australian perspective of counsel competence and the right to a fair trial 维护在华法律代理的权利——澳大利亚律师能力与公平审判权的视角

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786251

Enshen Li, Ryan Thomson

{"title":"Upholding the right to legal representation in China — an Australian perspective of counsel competence and the right to a fair trial","authors":"Enshen Li, Ryan Thomson","doi":"10.1080/10192557.2020.1786251","DOIUrl":"https://doi.org/10.1080/10192557.2020.1786251","url":null,"abstract":"ABSTRACT Since 2017, China has endorsed a policy of promoting full-coverage legal representation for all individuals facing criminal charges. This article is the first study which examines the nature, manifestation and substance of this lawyering project through the lens of a comparative analysis across the Australian and Chinese models of criminal defence. We argue that China’s call for counsel to appear in every criminal case will only amount to a mere procedural formality as a result of the limited ability of defence counsels to provide meaningful legal assistance, along with the restraints placed on legal defence in China’s criminal justice system. While Australia has sought to guarantee adequate legal representation under the rubric of the right to a fair trial, two pivotal issues have undermined the quality and effectiveness of criminal legal representation in China. Specifically, our analysis focuses on the challenges of counsel incompetence and the institutional dynamics of Chinese criminal proceedings that inhibit the work of defence lawyers. One innovative aim of this article is to uncover the shortcomings predominantly in China, but also in Australia to an extent, and to promote the right to genuine legal representation within the context of a common narrative of securing procedural safeguards for criminal defendants.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"28 1","pages":"179 - 201"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10192557.2020.1786251","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42781126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Embracing lex mercatoria through resistance: courts, arbitration and customs governing commercial relationships in China 通过抵制接受商事法：中国管辖商事关系的法院、仲裁和海关

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1786255

C. Shang, W. Shen

{"title":"Embracing lex mercatoria through resistance: courts, arbitration and customs governing commercial relationships in China","authors":"C. Shang, W. Shen","doi":"10.1080/10192557.2020.1786255","DOIUrl":"https://doi.org/10.1080/10192557.2020.1786255","url":null,"abstract":"ABSTRACT The rise of lex mercatoria across national boundaries has been one of the most remarkable phenomenon in transnational commercial dealings during the past 50 years, and a subject of voluminous writings. In China, the pattern of citing trade customs to govern commercial relationships during judicial and alternative dispute resolution (ADR) proceedings is far from clear. Based on empirical evidence obtained from Chinese commercial arbitration and litigation proceedings involving foreign parties, we found that trade customs are very rarely referred to. We posit here that the lack of consistencies of lex mercatoria in judicial applications and public adjudicative features of institutional arbitrations in China have limited the usage and growth of customary law in resolving business disputes involving foreign parties. The development of lex mercatoria in China is further challenged by the rise of formal legal institutions governing cross-border commercial transactions, such as the newly established China International Commercial Court (CICC), which widens power imbalances between private business parties and public authorities. Although the recent emphasis on developing ADR methods may encourage some form of informal law-making in China, as legal systems and court structures continue to become more formalized, living spaces of lex mercatoria might be further compromised, reflecting a loosening in the dichotomy between market and state in contemporary China.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"28 1","pages":"97 - 121"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10192557.2020.1786255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47592561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Covid-19, India, and investor-State dispute settlement (ISDS): will India be able to defend its public health measures? 2019冠状病毒病、印度和投资者与国家争端解决机制:印度能够捍卫其公共卫生措施吗?

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2020-01-02 DOI: 10.1080/10192557.2020.1812255

Prabhash Ranjan, Pushkar Anand

{"title":"Covid-19, India, and investor-State dispute settlement (ISDS): will India be able to defend its public health measures?","authors":"Prabhash Ranjan, Pushkar Anand","doi":"10.1080/10192557.2020.1812255","DOIUrl":"https://doi.org/10.1080/10192557.2020.1812255","url":null,"abstract":"ABSTRACT The Coronavirus Disease 2019 (Covid-19) pandemic has forced States to adopt a number of regulatory responses, which, in turn, could negatively impact foreign investors. Thus, many apprehend that foreign investors might bring investor-State dispute settlement (ISDS) claims against States under different bilateral investment treaties. The Covid-19 pandemic has badly affected India, forcing India to adopt a national lockdown to slow down the spread of the disease. The lockdown ran for several weeks bringing a large range of economic activities to a grinding halt. In this context, this article argues that if ISDS claims are brought against India, India will be able to defend its Covid-19 regulatory measures under the treaty defences given as part of the non-precluded measures provision and as an exception to the expropriation provision. Further, India will also be able to rely on the police powers doctrine emanating from customary international law. Given the scale of the pandemic, the tribunals should grant substantial deference to India while adjudicating upon its Covid-19-related regulatory measures.","PeriodicalId":42799,"journal":{"name":"Asia Pacific Law Review","volume":"28 1","pages":"225 - 247"},"PeriodicalIF":0.5,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10192557.2020.1812255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45537277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Labour rights protection of foreign employees in China 在华外籍员工劳动权益保护

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2019-12-20 DOI: 10.1080/10192557.2020.1786264

Björn Ahl, Pilar-Paz Czoske, Cui Xu

引用次数: 2

Community-based individual property rights: developing the ‘bundle of rights’ perspective in the Chinese context 基于社区的个人产权：发展中国语境下的“权利束”视角

IF 0.5 4区社会学

Asia Pacific Law Review Pub Date : 2019-12-19 DOI: 10.1080/10192557.2020.1786258

Ting Xu, W. Gong

引用次数: 0

Copyright as an obstacle or an enabler? A European perspective on text and data mining and its role in the development of AI creativity 版权是障碍还是促成因素？欧洲对文本和数据挖掘的看法及其在人工智能创造力发展中的作用