Handbook for the Review of Cases of Foreign-related Economic Disputes

Author: Liu Ying
Publisher:
Publish Date: 2004-03-01
Features: With China's entry into the World Trade Organization (WTO), it has provided unprecedented opportunities and space for deepening China's economic system reform and expanding opening-up. As the establishment of a unified, fair, and free-market competition mechanism progresses, competition among various market entities—such as domestic enterprises, foreign enterprises, and joint ventures—will intensify in areas like products, technology, talent, and capital. This will exacerbate conflicts of interest, inevitably leading to numerous disputes and an increase in the number of foreign-related cases. In civil and commercial cases, new types of cases such as those involving finance, insurance, securities, financing, and leasing will rise rapidly. As a set of legally binding rules universally applicable to all member states, WTO regulations represent a new field in international law. They not only break many traditional aspects of international law but also have distinctive procedural norms in terms of content and dispute resolution mechanisms. According to the rules, some disputes previously decided by administrative authorities, such as those over trademarks and anti-dumping, will increasingly be brought before courts as domestic laws are amended. This book selects typical cases of foreign-related trade disputes, providing readers with a learning path through the analysis of each case. The book is divided into sections such as foreign-related commodity trade disputes, foreign-related investment and financing disputes, maritime and maritime commercial disputes, trade payment disputes, bill of lading disputes, tort disputes, intellectual property disputes, anti-dumping cases, and product quality disputes. Through the analysis of each case from a theoretical perspective, the book aims to clarify the legal relationships in complex cases, defining each action according to the laws in effect at the time and comparing past rulings with current laws. For cases with conflicting views, we generally adopt the consensus or the opinions of authoritative experts. We hope this book will help readers gain a deeper understanding of international (foreign-related) trade and guide practical interactions in international (foreign-related) trade. Additionally, through case analysis and learning, readers can develop a rational, meticulous, and logical approach to thinking, analyzing, and solving problems.