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VOLUME 10, NUMBER 2
Issue masthead
Preface
By ZHANG Zhaohan and FU Shuning
The Spring 2018 Issue provides readers with insight into the past, present and future of China’s rule of law from economic and societal perspectives. The five carefully-selected articles cover such areas of law as trade, cross-border investment, intellectual property, takeover and environmental protection.
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Preface | 10 Tsinghua China L. Rev. (2018)
Divergence, Convergence or Crossvergence of Chinese and U.S. Approaches to Regional Integration: Evolving Trajectories and Their Implications
By WANG Heng
This article analyzes the question of whether Chinese and U.S. trade approaches will converge, diverge or both, and discusses the reasons for such trends. The article states that Chinese and U.S. trade approaches are likely to demonstrate both divergence and convergence, leading to crossvergence. Divergence can be found in fundamental areas, especially the approaches to regionalism and multilateralism. Convergence occurs only in selected areas such as investment and intellectual property. Uncertainties exist since both the Belt and Road Initiative and trade policies of the Trump Administration are under development. The interaction between Chinese and U.S. approaches will affect the shaping of the international economic legal order. [read more...]
 
 
Article | 10 Tsinghua China L. Rev. 149 (2018)
China’s Investment in Australia: A Critical Analysis of Australia's Foreign Investment Review Mechanism
By JIANG Huiqin and ZHOU Weihuan
This article analyzes Australia’s foreign investment review mechanism and its central element, the Foreign Investment Review Board process. The authors argue that four factors about the mechanism may remain as barriers to Chinese investment in Australia following the establishment of the China-Australia Free Trade Agreement, and provide suggestions for Chinese investors and the Chinese government.
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Article | 10 Tsinghua China L. Rev. 187 (2018)
Transcending Territoriality: International Cooperation and Harmonization in Intellectual Property Enforcement & Dispute Resolution
By Alexandra George
This article examines international steps being taken towards addressing difficulties in intellectual property enforcement in cross-border and multi-jurisdictional disputes, and discusses some ongoing concerns. The article concludes that, in due course, groups of nations may well develop unitary patents, trademarks and/or designs, and international intellectual property courts through which to enforce them. Meanwhile, China may gradually take a more leading role in shaping the future of cross-border cooperation and harmonization in intellectual property enforcement and dispute resolution.
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Article | 10 Tsinghua China L. Rev. 225 (2018)
Limitations of Legal Transplantation: The Comparison of Tender Offer Regulations between China and Western Countries
By ZHU Ciyun and TANG Linyao
The current Chinese takeover law transplants practices in Western countries, including the U.S., the U.K., and the E.U., which adopt hostile takeover regulatory frameworks to protect legitimate rights of the participants in the acquisitions. However, Chinese takeover law failed to provide enough and clear guidance for participants in takeovers, causing uncertainty and anxiety in Chinese market. This article will reveal the limitations of the legal transplantation in Chinese takeover law by analyzing the tender offer rules. [read more...]
 
 
Article | 10 Tsinghua China L. Rev. 275 (2018)
The Clean Development Mechanism and Environmental Protection in Rapidly Developing Countries: Comparative Perspectives and Lessons from China and India
By Michael Addaney
The Clean Development Mechanism (CDM) was adopted as one of the greenhouse gas mitigation measures in the Kyoto Protocol. Apart from promoting environmental sustainability and other ecosystem benefits, the CDM projects also ensure the transfer of technologies and sustainable growth in the host country through prioritizing projects such as clean energy production and conservation as well as waste treatment. China and India together account for over 70% of the CDM projects in the pipeline. Meanwhile, China and India are the most environmentally polluted countries in South Asia according to current statistics. This article discusses the progress achieved as well as the current challenges in the implementation of the Clean Development Mechanism in China and India, and provides recommendations for future improvement. [read more...]
    
Article | 10 Tsinghua China L. Rev. 297 (2018)


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