International Business Law Forum - (Volume 8)

Author: Shen Sibao, Wang Jun
Publisher:
Publish 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 agreement. 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 Agreement.
The article "The Development and Evolution of U.S. Corporate Law" studies the development and evolution of corporate law concepts and basic principles in the United States from its birth in 1776 to the 1940s. It provides a historical evaluation of U.S. corporate law. The paper concludes that the development trajectory of U.S. corporate law is a process of continuous corporate law reforms, making corporate 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 "The Reciprocity Principle and the Right of Restitution for Breaching Parties" studies the original meaning, theoretical development, unfairness to breaching parties, and solutions of the reciprocity 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 the United States. It aims to open up new perspectives and provide certain reference for the study of joint torts in China's legal field.
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 agreement. 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 Agreement.
The article "The Development and Evolution of U.S. Corporate Law" studies the development and evolution of corporate law concepts and basic principles in the United States from its birth in 1776 to the 1940s. It provides a historical evaluation of U.S. corporate law. The paper concludes that the development trajectory of U.S. corporate law is a process of continuous corporate law reforms, making corporate 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 "The Reciprocity Principle and the Right of Restitution for Breaching Parties" studies the original meaning, theoretical development, unfairness to breaching parties, and solutions of the reciprocity 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 the United States. It aims to open up new perspectives and provide certain reference for the study of joint torts in China's legal field.