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Issues Decisive for China’s Rise or Fall
This book focuses on the most serious social and economic challenges faced by China from a public international law perspective. The vast and diversified nature of public international law inspires the author to organize the book on a topic oriented basis, i.e. selecting five most crucial and interrelated issues in contemporary China to investigate and address. It reviews and evaluates China’s response to these challenges and its continuing efforts in searching for solutions to these problems. These issues are inter-related and mutually affective, and moreover, impact collectively on the nation’s standings in the international community. The country’s national stability and economic su...
China and Its Neighbors
The Sino-Japanese territorial conflicts mainly concern legal title to the Diaoyu or Senkaku Islands and the maritime delimitation of the East China Sea. After the discovery of rich oil resources in the area and the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS), the disputes between China and Japan have become increasingly contentious, to the point that the two sides have started flexing their military muscles. In addition, the South China Sea has become another military flashpoint with renewed tensions between China and the Philippines that has reached an alarming level. At such a critical time, is it possible for China to make compromises with its neighbors as it has done for the past sixty years? Or, will the situation continue to deteriorate to the point of militarization?
Comparative Corporate Governance : A Chinese Perspective
The analysis is notable for its insistence that, for a corporate governance system to work, the principles and practicalities of that system must be derived from customary cultural norms. Experience shows that imported models, although they may be enshrined in law, lead to economic stagnation unless actual practice is monitored and reformed and the laws change to reflect these necessary adjustments. Thus the model proposed here begins with the Company Law of 1994, and proceeds to show how practical experience is already providing valuable data for the task of improving the law.
Securities Markets and Corporate Governance
This book explores the rationalities and functions of securities markets and takeover activities. Focusing on the Chinese experience of utilizing the securities market as an effective mechanism of corporate control, this volume analyses the future development of China's financial market in the era of economic globalization. Providing an overview of the historical development of the securities market and a literature review of the economic functions of stock markets, Securities Markets and Corporate Governance also examines the legal regimes governing securities markets and takeovers in some leading corporate economies including the US, Germany, Japan and the UK. This volume then focuses on the Chinese experience, proposing a model which balances internal corporate governance and external market control for China.
Investing in China
With China's rise as a new economic power, the economic and political relationship between Australia and China comes into a new area of development. China's need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for Australian industry and commerce. However, before making a substantial investment, an Australian investor needs to decide on which business structure is the most suitable for making the investment, a business alliance or a subsidiary. What are the advantages and disadvantages of the different business vehicles? Can the products of the new business be sold in the Chinese domestic market? Can invested capital be repatriate...
Corporate Governance and Institutional Investment
Corporate Governance and Institutional Investment focuses on corporate governance and the legal nature of institutional investors in the corporate system. Its aim is to expose the complexity of the relationships that exist between companies on one side, and their shareholders, stakeholders, and monitors on the other. Various types of investors, including trusts and companies, are discussed, including how they function under different legal guidelines. The role of investment managers acting on the behalf of institutional investors is examined, as well as why fund managers overlook the corporate governance problems of their investee’s companies when they are performing well financially. This...
International Trade and Business Law Review
The ITBLA is the official publication of the Australian Institute of Foreign and Comparative Law.
Volatility of China's Securities Markets and Corporate Governance
International capital flows, including securities investment, are sixty times greater than trade flows. The speculative nature and volatility of securities markets affects national and global economies and also the lives of most individuals. China's fast economic and industrial growth has irrevocably altered international trade, investment, and production patterns at the global and regional levels as the country becomes a market of immense proportion and potential. Many economies are positioning themselves for the next stages of China's growth. After China joined the World Trade Organization, its domestic securities market became increasingly important as a channel for attracting internation...
Directors' Duties Under Chinese Law
The terms quot;one-tier-board systemquot; and quot;two-tier-board systemquot; are customarily used to classify corporate governance systems of different jurisdictions. There are also other species of systems that do not strictly fit in any of the two major descriptions.1 Nevertheless, it has been the trend in the development of all systems that the centre of corporate governance shifts from the members' meeting to the board of directors. Nowadays, the powers of corporate management are basically conferred on the board of directors in most systems.2 Directors thus become crucial to the commercial performance of corporations and are held accountable for the conduct and activities of corporatio...
