International Business Law Journal (Volume 8)

Author: Shen Sibao, Wang Jun
Publisher:
Publication Date: 2006-10-01
Features:
The article "The Experience of the North American Free Trade Agreement and Its Implications for China" specifically analyzes the pros and cons of free trade through Mexico's experience of joining the free trade area. It introduces the basic concepts of free trade zones and the basic situation of the North American Free Trade Agreement, focusing on Mexico's specific experience and clarifying its implications for China. The article aims to provide relevant experience and guidance for China's exploration of establishing a China-ASEAN Free Trade Area.
The article "The Development and Evolution of U.S. Company Law" studies the development and evolution of U.S. company law concepts and basic principles from the birth of the United States in 1776 to the 1940s. It provides a historical evaluation of U.S. company law. The paper concludes that the trajectory of U.S. company law development is a process of continuous company law reforms, making company law adaptable to the current economic development while fully protecting the interests of investors.
The article "The Future of EU Financial Regulation and Supervision" examines and analyzes the types and development trends of financial supervision within the EU from the perspectives of legislative regulation and specific supervision. It points out that the EU's financial legislative system has become largely centralized, with the formulation of rules and policies increasingly executed by legislative bodies at the EU level or by various EU committees in creating secondary-level regulations, reflecting the latest developments in EU financial law.
The article "Domestic Regulatory Autonomy of Services and Trade Liberalization: Counterbalance and Coordination" begins by analyzing the basic provisions of Article 6 of the General Agreement on Trade in Services (GATS) and provides a detailed discussion of the "necessity test standard." By examining the expert report and appeal body report of the WTO Dispute Settlement Body's ruling on the "U.S. Gambling Case," it analyzes and summarizes the relationship between domestic supervision of services and trade liberalization.
The article "Mutuality Principle and the Right of Restitution for Breaching Parties" studies the original meaning, theoretical development, unfairness to breaching parties, and solutions of the mutuality principle in Scottish contract law, drawing conclusions. The article argues that as an embodiment of fairness, breaching parties should have the right of restitution when their performance value exceeds the damages suffered by the other party due to the breach, and should adopt the method stipulated in Article 9:903 of the "Principles of European Contract Law" to fairly protect the interests of breaching parties.
The article "Research on the Work Injury Compensation System" traces the origins of the work injury compensation system, analyzes the employer negligence liability-based work injury compensation system and the social insurance-based work injury compensation system, and evaluates China's work injury compensation system, which will be highly beneficial to improving China's tort law and labor law.
The article "On Joint Torts in U.S. Law" conducts institutional research and case analysis to study and summarize the fundamental legal concepts and principles of joint torts in U.S. law. It aims to open up new perspectives and provide certain reference for research on related content in the field of joint torts in China.
The article "The Experience of the North American Free Trade Agreement and Its Implications for China" specifically analyzes the pros and cons of free trade through Mexico's experience of joining the free trade area. It introduces the basic concepts of free trade zones and the basic situation of the North American Free Trade Agreement, focusing on Mexico's specific experience and clarifying its implications for China. The article aims to provide relevant experience and guidance for China's exploration of establishing a China-ASEAN Free Trade Area.
The article "The Development and Evolution of U.S. Company Law" studies the development and evolution of U.S. company law concepts and basic principles from the birth of the United States in 1776 to the 1940s. It provides a historical evaluation of U.S. company law. The paper concludes that the trajectory of U.S. company law development is a process of continuous company law reforms, making company law adaptable to the current economic development while fully protecting the interests of investors.
The article "The Future of EU Financial Regulation and Supervision" examines and analyzes the types and development trends of financial supervision within the EU from the perspectives of legislative regulation and specific supervision. It points out that the EU's financial legislative system has become largely centralized, with the formulation of rules and policies increasingly executed by legislative bodies at the EU level or by various EU committees in creating secondary-level regulations, reflecting the latest developments in EU financial law.
The article "Domestic Regulatory Autonomy of Services and Trade Liberalization: Counterbalance and Coordination" begins by analyzing the basic provisions of Article 6 of the General Agreement on Trade in Services (GATS) and provides a detailed discussion of the "necessity test standard." By examining the expert report and appeal body report of the WTO Dispute Settlement Body's ruling on the "U.S. Gambling Case," it analyzes and summarizes the relationship between domestic supervision of services and trade liberalization.
The article "Mutuality Principle and the Right of Restitution for Breaching Parties" studies the original meaning, theoretical development, unfairness to breaching parties, and solutions of the mutuality principle in Scottish contract law, drawing conclusions. The article argues that as an embodiment of fairness, breaching parties should have the right of restitution when their performance value exceeds the damages suffered by the other party due to the breach, and should adopt the method stipulated in Article 9:903 of the "Principles of European Contract Law" to fairly protect the interests of breaching parties.
The article "Research on the Work Injury Compensation System" traces the origins of the work injury compensation system, analyzes the employer negligence liability-based work injury compensation system and the social insurance-based work injury compensation system, and evaluates China's work injury compensation system, which will be highly beneficial to improving China's tort law and labor law.
The article "On Joint Torts in U.S. Law" conducts institutional research and case analysis to study and summarize the fundamental legal concepts and principles of joint torts in U.S. law. It aims to open up new perspectives and provide certain reference for research on related content in the field of joint torts in China.