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Author: Xinyi Gong
Publisher: Routledge
ISBN: 1351690906
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
Author: Xinyi Gong
Publisher: Routledge
ISBN: 1351690906
Category : Business & Economics
Languages : en
Pages : 304
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Book Description
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.
Author: Elina Moustaira
Publisher: Springer
ISBN: 3030044505
Category : Law
Languages : en
Pages : 160
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Book Description
This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
Author: Julien Chaisse
Publisher: Bloomsbury Publishing
ISBN: 1509933735
Category : Law
Languages : en
Pages : 569
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Book Description
This book focuses on a review of how sixty years of case-law and regulatory activity transformed the European continent and the world. It provides a critical analysis of the key features of EU integration and how this integration is perceived (internally and externally). In this context, this book also explores the EU's interactions with a number of other countries and organisations with the objective of assessing the EU's role in global governance.
Author: Jie Huang
Publisher: Bloomsbury Publishing
ISBN: 1782253726
Category : Law
Languages : en
Pages : 366
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Book Description
Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.
Author: Guo, Shuai
Publisher: Edward Elgar Publishing
ISBN: 1802200568
Category : Law
Languages : en
Pages : 352
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Book Description
This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.
Author: Jianli Song
Publisher: Springer Nature
ISBN: 9819990815
Category :
Languages : en
Pages : 302
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Book Description
Author: Xinyi Gong
Publisher: Routledge
ISBN: 9780367593995
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China's inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law. Book jacket.
Author: Xiaohong Liu
Publisher: Bloomsbury Publishing
ISBN: 1509924396
Category : Law
Languages : en
Pages : 357
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Book Description
Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.
Author: Natalie Mrockova
Publisher: Bloomsbury Publishing
ISBN: 1509932461
Category : Law
Languages : en
Pages : 421
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Book Description
This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.
Author: eter Tsan-Yin Chung
Publisher: Routledge
ISBN: 0429710712
Category : Political Science
Languages : en
Pages : 253
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Book Description
This volume provides a comprehensive analysis of the profound changes in Chinas central-local relations since the late 1970s. Lending insight into a crucial component of Chinas current political economy and the transformation of state socialism, the contributors challenge conventional wisdom that state power rests in the traditional dichotomy of st
