Search result: 33 articles

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Article

The Reform of Contract Rules in China’s New Civil Code

Successes or Pitfalls

Journal European Journal of Law Reform, Issue 2 2021
Keywords Civil Code of the People’s Republic of China, Contracts of the Civil Code, Chinese legal system, legislative history
Authors Peng Guo and Linxuan Li
AbstractAuthor's information

    The Civil Code of the People’s Republic of China (Civil Code) came into force on 1 January 2021. Book III on Contracts of the Civil Code has adopted significant changes compared to the old Chinese Contract Law (Contract Law). This article provides a comprehensive and systemic analysis of those changes from structure to content, from legislative technics to values underpinning the Civil Code. It evaluates all the factors in the context of the development of Chinese society, Chinese culture and Chinese legal system.
    This article first outlines the historical background of the development of the Contract Law and the Civil Code. It then moves on to compare the Civil Code and the Contract Law, highlighting the changes in structure, the incorporation of new provisions and the amendments to old provisions in light of contemporary Chinese society and culture. Finally, it argues that the Civil Code is a significant milestone in China’s legislative history; that it reflects the legislative experience and judicial practice in China; that it adds provisions which are innovative and of Chinese characteristics to meet the needs of China’s changing society and legal system; and that it keeps pace with the development of the global law reform and harmonization.


Peng Guo
Peng Guo is a Lecturer in Law, Graduate School of Business and Law, RMIT University, Australia.

Linxuan Li
Linxuan Li, LL.M. University of International Business and Economics, LL.B. Shandong University, China.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Legal Rights and Possibilities to Access Satellite Data for a Non-Member State of Space Community

Case of Republic of Serbia

Journal International Institute of Space Law, Issue 3 2018
Keywords satellite data, digital divide, space law, EU, Copernicus, Republic of Serbia
Authors Anja Nakarada Pecujlic and Marko Pajovic
AbstractAuthor's information

    In today’s technologically dependent society an average person interacts 36x per day with satellite through diverse applications (e.g. to note just one example - 3/4 of the data used in weather prediction models depend on satellite data). Because of this wide use of satellites, nowadays 80+ countries currently operate at least one satellite in space (latest countries to reach space were Ghana, Mongolia, Bangladesh and Angola). Especially for states that are less economically and technologically developed, space systems are particularly useful and necessary in order to achieve “frog leaping” and decrease the economic and social inequalities between developing and developed states. Involvement in space activities gives them the opportunity to utilize state of the art technology and solve local issues (e.g. environmental, e-health, e-medicine, transportation). Taking a closer look at the satellite data and imagery, it can be observed that the users are mainly public sector clients, such as military institutions for security uses as well as environmental and agricultural authorities. Hence, in the first line it is important to examine which legal framework is governing the access to satellite data and if public sector clients from the developing countries have the same guaranteed rights under international law as the developed nations. This paper will offer in its first part an overview of existing international norms regulating access to satellite data, focusing on relevant provisions in the corpus iuris spatialis. In the second part it will compare these legal rights with the praxis, i.e. determining what are actual possibilities to exercise these rights, if a state is not involved in space activities and has never been a member of space community like in the case of Republic of Serbia. In the third and final part, the paper will zoom in on the EU flagship programs - Copernicus and Galileo - and ESA’s data access policies in regards to states that are neither EU nor ESA member states, but are striving for full European integration, as Serbia.


Anja Nakarada Pecujlic
Institute for Air Law, Space Law and Cyber Law, University of Cologne, Albertus-Magnus-Platz, Cologne 50923, Germany (corresponding author), anja.n.pecujlic@outlook.com.

Marko Pajovic
Serbian Case for Space Foundation, Dr. Ivana Ribara 105, Belgrade 11070, Serbia, marko.pajovic@serbiancaseforspace.com.
Article

The Belt and Road Initiative (B&R) Provides Opportunity for China to Dominate Space Cooperation in Asia?

An Analysis from the Legal Perspective

Journal International Institute of Space Law, Issue 2 2018
Keywords Asian Space Cooperation, B&R Initiative, Competition to Regional Space Dominance, Chinese National Space Legislation, APSCO’s Legal Framework
Authors Mingyan Nie
AbstractAuthor's information

    The co-existence of more than one regional space cooperation entity in Asia presents the competition on the cooperation of space affairs in this territory. Against this background, the Asian space powers take all possible measures to attract more space partners. The Belt&Road Initiative (B&R), which is defined as a comprehensive strategy for China to meet the challenges brought by the globalization, provides opportunities for the space field. However, legal improvements are demanded to be made on both domestic and regional levels for responding to the relevant legal challenges. On the domestic level, the Chinese space regulation which is intended to be formulated before the year of 2020 is recommended to encompass fundamental principles and provisions friendly to non-governmental entities and foreign partners. On the regional level, the Asia-Pacific Space Cooperation Organization (APSCO) is required to transform its role from Chinese platform to compete with its Asian rivals on space cooperation affairs to a co-builder and services provider of the B&R space programs (e.g., the SIC). Accordingly, legal coordination approached to ensure implementing the “co-sharing” principle is needed to be made between APSCO and the SIC sponsor; moreover, APSCO itself must do modifying jobs to improve its legal framework to adapt the requirements of its new role.


Mingyan Nie
Faculty of Law, Nanjing University of Aeronautics and Astronautics.
Editorial

Access_open Introduction

Journal Erasmus Law Review, Issue 3 2017
Authors Kristin Henrard
Author's information

Kristin Henrard
Kristin Henrard is Professor of fundamental rights and minorities at the Erasmus School of Law, more particularly the Department of International and EU Law. She teaches courses on advanced public international law, international criminal law, human rights and on minorities and fundamental rights.
Article

Access_open An Empirical Study of the Voting Pattern of Judges of the International Court of Justice (2005-2016)

Journal Erasmus Law Review, Issue 3 2017
Keywords voting pattern, ICJ judges, empirical research
Authors Xuechan Ma and Shuai Guo
AbstractAuthor's information

    The Statute of the International Court of Justice stipulates that judges shall exercise their powers impartially. We question the practicability of this statement and examine whether the voting pattern of the judges are biased. In this light, empirical research is conducted on cases adjudicated from 2005 to 2016. We find strong evidence that (1) judges favour their home States or appointing States; and (2) judges favour States that speak same majority language with their home States.


Xuechan Ma
Xuechan Ma, Ph.D. candidate at Leiden University, LL.M. and LL.B. at Peking University. Email address: x.ma@law.leidenuniv.nl.

Shuai Guo
Shuai Guo, Ph.D. candidate at Leiden University, LL.M. and LL.B. at China University of Political Science and Law. Email address: s.guo@law.leidenuniv.nl.
Article

Report of the 32nd IAA/IISL Scientific-Legal Roundtable

Technological and Legal Challenges for On-Orbit Servicing

Journal International Institute of Space Law, Issue 7 2017
Authors Marc Haese

Marc Haese

    Online dispute resolution (ODR) has been developed in response to the growth of disputes in electronic commerce transactions. It is based on the legal framework of alternative dispute resolution (ADR) by taking into consideration electronic communications and information technology. This article will introduce the current legal framework and practice of ODR in China, find legal issues that affect the development of ODR and, finally, propose suggestions to overcome these barriers.


Jie Zheng
Jie Zheng is a PhD researcher in Ghent University, Faculty of Law, Department of Interdisciplinary Study of Law, Private Law and Business Law. E-mail: <jie.zheng@ugent.be>.
Article

Access_open Harmony, Law and Criminal Reconciliation in China: A Historical Perspective

Journal Erasmus Law Review, Issue 1 2016
Keywords Criminal reconciliation, Confucianism, decentralisation, centralisation
Authors Wei Pei
AbstractAuthor's information

    In 2012, China revised its Criminal Procedure Law (2012 CPL). One of the major changes is its official approval of the use of victim-offender reconciliation, or ‘criminal reconciliation’ in certain public prosecution cases. This change, on the one hand, echoes the Confucian doctrine that favours harmonious inter-personal relationships and mediation, while, on the other hand, it deviates from the direction of legal reforms dating from the 1970s through the late 1990s. Questions have emerged concerning not only the cause of this change in legal norms but also the proper position of criminal reconciliation in the current criminal justice system in China. The answers to these questions largely rely on understanding the role of traditional informal dispute resolution as well as its interaction with legal norms. Criminal reconciliation in ancient China functioned as a means to centralise imperial power by decentralizing decentralising its administration. Abolishing or enabling such a mechanism in law is merely a small part of the government’s strategy to react to political or social crises and to maintain social stability. However, its actual effect depends on the vitality of Confucianism, which in turn relies on the economic foundation and corresponding structure of society.


Wei Pei
Wei Pei, Ph.D., is an Associate Professor at the Beihang School of Law in the Beihang University.
Article

Access_open Report of the 59th Colloquium on the Law of Outer Space

Guadalajara, Mexico, 2016

Journal International Institute of Space Law, Issue 8 2016
Authors P.J. Blount and R. Moro-Aguilar

P.J. Blount

R. Moro-Aguilar
Article

Title IV of the U.S. Commercial Space Launch Competitiveness Act of 2015

A Critical Step Forward in Facilitating the Development of a Viable Space Infrastructure

Journal International Institute of Space Law, Issue 2 2016
Authors Sagi Kfir and Ian Perry
Author's information

Sagi Kfir
Sagi Kfir is General Counsel at Deep Space Industries

Ian Perry
Ian Perry is independent researcher.
Article

Access_open The Hague Space Resources Governance Working Group

A Progress Report

Journal International Institute of Space Law, Issue 2 2016
Authors Tanja Masson-Zwaan, René Lefeber, Giuseppe Reibaldi e.a.
Author's information

Tanja Masson-Zwaan
Tanja Masson-Zwaan, International Institute of Air & Space Law, Leiden University, The Netherlands, t.l.masson@law.leidenuniv.nl.

René Lefeber
René Lefeber, Netherlands Ministry of Foreign Affairs, The Netherlands, rene.lefeber@minbuza.nl.

Giuseppe Reibaldi
Giuseppe Reibaldi, International Academy of Astronautics (IAA), France, giuseppe.reibaldi@gmail.com.

Merinda Stewart
Merinda Stewart (corresponding author), International Institute of Air & Space Law, Leiden University, The Netherlands, m.e.stewart@law.leidenuniv.nl.
Article

Report of the Symposium

Journal International Institute of Space Law, Issue 11 2015
Authors Carol A. Anderson and Mclee Kerolle
Author's information

Carol A. Anderson
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).

Mclee Kerolle
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).
Article

Access_open Program of the Symposium

Journal International Institute of Space Law, Issue 11 2015
Authors Carol A. Anderson and Mclee Kerolle
Author's information

Carol A. Anderson
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).

Mclee Kerolle
At the Symposium, the Rapporteurs were both candidates for the Advanced LLM in Air and Space Law offered by Leiden University’s International Institute of Air and Space Law (IIASL).

Guoyu Wang
Ph.D. assistant professor, deputy dean of institute of space law of BIT, visiting scholar of National Center for Romote Sensing, Air, and Space Law Mississippi University School of Law (2011-2012), Senior Acadamy Fellow, Chatham House (2014-)

Yangzi Tao
Master in International Law, Beijing Institute of Technology Law School
Article

Goodwill/Intangibles Accounting Rules, Earnings Management, and Competition

Journal European Journal of Law Reform, Issue 1 2015
Keywords fraud, mergers and acquisitions, Games economic psychology, regulation, goodwill and intangibles
Authors Michael I.C. Nwogugu
AbstractAuthor's information

    Intangible assets account for 60%-75% of the market capitalization value in most developed stock markets around the world. The US GAAP and IFRS Goodwill and Intangibles accounting regulations (ASC 805, Business Combinations; ASC 350, Goodwill and Intangible Assets; IFRS-3R, Business Combinations; and IAS 38, Accounting for Intangible Assets) are inefficient and create potentially harmful psychological biases. These regulations facilitate earnings management and money laundering, reduce competition within industries, and are likely to increase the incidence of fraud and misconduct. This article introduces a new goodwill/intangibles disclosure/accounting model that can reduce the incidence of fraud, information asymmetry, moral hazard, adverse selection, and inaccuracy. The article also introduces new economic psychological theories that can explain fraud, misconduct, and non-compliance arising from the implementation of the goodwill/intangibles accounting rules.


Michael I.C. Nwogugu
Address: Enugu, Enugu State, Nigeria. Emails: mcn2225@aol.com; mcn111@juno.com. Phone: 234-909-606-8162.

Yangzi Tao
Beijing Institute of Technology, China

Guoyu Wang
Beijing Institute of Technology, China
Article

Access_open Akera v Mheni

Journal International Institute of Space Law, Issue 11 2014
Authors Martha Mejía-Kaiser

Martha Mejía-Kaiser

P.J. Blount
University of Mississippi School of Law.
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