The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legisla...The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.展开更多
Labor provisions have become a fundamental trade rule in regional and bilateral trade agreements.Although China’s legislation on pilot Free Trade Zones includes content related to labor protection,it primarily aligns...Labor provisions have become a fundamental trade rule in regional and bilateral trade agreements.Although China’s legislation on pilot Free Trade Zones includes content related to labor protection,it primarily aligns with labor indicators in“Doing Business”,the assessment of business situations issued by the World Bank.It differs from the labor rights protection focus emphasized in trade agreements.The latest strategic documents issued by the State Council of China have addressed this issue to fully achieve the goal of aligning Free Trade Zones with high-standard trade agreements.Building on the development of Free Trade Zone legislation and domestic labor law governance,China should proactively explore a tailored approach to labor provisions in Free Trade Agreements.In this approach,it should explicitly define the“baseline”and“ceiling”for labor provisions during negotiations and,within this framework,establish benchmarks for labor rights protection,enforcement mechanisms,and cross-border regulatory mechanisms suited to the specific conditions of the agreement parties.展开更多
This article aims at giving a contribution to the issue of accounting electrical energy sale and purchase agreements in accordance with the faithful representation principle. To this end, it must be ascertained whethe...This article aims at giving a contribution to the issue of accounting electrical energy sale and purchase agreements in accordance with the faithful representation principle. To this end, it must be ascertained whether electrical energy is bought/sold for an industrial use exclusively, so that the relevant transaction will be accounted as a normal purchase/sale, or through the lease of the relevant production plant, which would require the supply contract to be accounted in compliance with International Accounting Standards （IAS） 17 ＂Leasing＂. Alternatively, it must also be ascertained whether the relevant party is implementing financial trading strategies, as in such hypothesis, the supply contract is to be accounted as a financial instrument according to International Financial Reporting Standards （IFRS） 9/IAS 39 ＂Financial Instruments＂. Finally, the modalities used by a number of companies listed on European regulated markets to account such kind of contracts will be analyzed.展开更多
The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an a...The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an analysis of the DSMs of China's established FTAs from a legal perspective of international regime study, which leads to the finding of a co-existence mode of formal and informal DSMs in China's FTAs. This paper also discusses the motivation and significance of such a choice.展开更多
This study reassesses the macroeconomic and social impacts of Economic Partnership Agreements （EPAs） on Ivorian economy using Computable General Equilibrium （CGE） model with positive externalities of public invest...This study reassesses the macroeconomic and social impacts of Economic Partnership Agreements （EPAs） on Ivorian economy using Computable General Equilibrium （CGE） model with positive externalities of public investment in education, health, and economic infrastructure. Previous studies highlight negative effect of these agreements stressing particularly on losses in government revenues due to the removal of all tariffs on imports. This analysis aims to provide some insight into this question by refreshing the debate to show how this situation could be transformed into opportunities for Ivory Coast in order to promote growth and reduce poverty. To do so, this study postulates that government spending （investment） in economic infrastructure （roads, bridges, communication network, etc.）, in education and health sectors produces positive externalities in each industry. This assumption has not been set anymore in previous studies. Simulation results reveal that, despite this decline in government revenues, if it invests in economic infrastructure, health and education sector, EPAs will generate more revenue for government due to the rise in income tax on firms and households, and tax on overall production. Furthermore, household income will increase which will in turn stimulate （final） consumption. There won＇t also be a decline in economic growth.展开更多
ZTE Corporation has signed strategic telecommunications software agreement with two leading providers in Europe and Latin America to optimize its offerings for target customers in
China and Philippines signed agreements on the construction of two power plants in the Philippines on Nov. 27, 1996. China Shanghai Electric Corp signed an export credit supply contract with Philippines Magellan Utili...China and Philippines signed agreements on the construction of two power plants in the Philippines on Nov. 27, 1996. China Shanghai Electric Corp signed an export credit supply contract with Philippines Magellan Utilities Development Corp for the huilding of a 300 MW展开更多
Mostly, cloud agreements are signed between the consumer and the provider using online click-through agreements. Several issues and conflicts exist in the negotiation of cloud agreement terms due to the legal and ambi...Mostly, cloud agreements are signed between the consumer and the provider using online click-through agreements. Several issues and conflicts exist in the negotiation of cloud agreement terms due to the legal and ambiguous terms in Service Level Agreements (SLA). Semantic knowledge applied during the formation and negotiation of SLA can overcome these issues. Cloud SLA negotiation consists of numerous activities such as formation of SLA templates, publishing it in registry, verification and validation of SLA, monitoring for violation, logging and reporting and termination. Though these activities are interleaved with each other, semantic synchronization is still lacking. To overcome this, a novel SLA life cycle using semantic knowledge to automate the cloud negotiation has been formulated. Semantic web platform using ontologies is designed, developed and evaluated. The resultant platform increases the task efficiency of the consumer and the provider during negotiation. Precision and recall scores for Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS) SLAs were calculated. And it reveals that applying semantic knowledge helps the extraction of meaningful answers from the cloud actors.展开更多
Properly created and securely communicated,non-disclosure agreement(NDA)can resolve most of the common disputes related to outsourcing of offshore software maintenance(OSMO).Occasionally,these NDAs are in the form of ...Properly created and securely communicated,non-disclosure agreement(NDA)can resolve most of the common disputes related to outsourcing of offshore software maintenance(OSMO).Occasionally,these NDAs are in the form of images.Since the work is done offshore,these agreements or images must be shared through the Internet or stored over the cloud.The breach of privacy,on the other hand,is a potential threat for the image owners as both the Internet and cloud servers are not void of danger.This article proposes a novel algorithm for securing the NDAs in the form of images.As an agreement is signed between the two parties,it will be encrypted before sending to the cloud server or travelling through the public network,the Internet.As the image is input to the algorithm,its pixels would be scrambled through the set of randomly generated rectangles for an arbitrary amount of time.The confusion effects have been realized through an XOR operation between the confused image,and chaotic data.Besides,5D multi-wing hyperchaotic system has been employed to spawn the chaotic vectors due to good properties of chaoticity it has.The machine experimentation and the security analysis through a comprehensive set of validation metric vividly demonstrate the robustness,defiance to the multifarious threats and the prospects for some real-world application of the proposed encryption algorithm for the NDA images.展开更多
With the development of Internet technology and artificial intelligence,the cybersecurity issue is not only a complex technical problem but also a regulatory issue of laws and policies.The governments and the internat...With the development of Internet technology and artificial intelligence,the cybersecurity issue is not only a complex technical problem but also a regulatory issue of laws and policies.The governments and the international community have promulgated relevant laws and regulations to regulate cybersecurity.In recent times,the digital trade chapter of free trade agreements and certain digital trade agreements have also begun to stipulate specialized cybersecurity clauses,providing overall principles and obligations for digital trade,government capacity building,international operational cooperation,workforce cooperation,risk-based standards,and cybersecurity standards for the Internet of Things,etc.The cybersecurity provisions in existing digital trade agreements emphasize cooperation and consensus among contracting parties,and the rights of different types of enterprises.The cybersecurity provisions in China's digital trade agreements need to further keep up with the times.On the premise of emphasizing national security and digital sovereignty,a design draft that conforms to the concept of a community with a shared future in cyberspace and balances the interests of all stakeholders should be proposed to strengthen China's voice in the formulation of digital trade rules.展开更多
Why did the European Union （EU） conclude an Association Agreement （A.A）, rather than a free-trade agreement with Central American （CA） countries in 2010？ A CA-EU AA content analysis within the broader EU policy...Why did the European Union （EU） conclude an Association Agreement （A.A）, rather than a free-trade agreement with Central American （CA） countries in 2010？ A CA-EU AA content analysis within the broader EU policy approach towards Latin America suggests it to be （1） the only feasible option for each side at a time of increasing commercial flux; （2） mutually attractive against globalizing threats, thus converting an institutional innovation into a double-edged instrument; and （3） illustrative of the subtle but significant shift of farm-protection demands from endogenous dynamics to exogenous. They carry important implications： （1） empirically： weak CA-EU linkages further dilute West Europe＇s broader Latin ambitions; （2） theoretically： AA analyses better reflect trading realities than pure regional economic integration theories, suggesting the corrosive impact of globalizing forces on regional pursuits; and （3） historically： the continued role of the farm jinx in trade.展开更多
Successful and cost-effective construction relies upon appropriate communication of the participants of the construction project. Hence, it is important to define the rights and responsibilities of the parties, and re...Successful and cost-effective construction relies upon appropriate communication of the participants of the construction project. Hence, it is important to define the rights and responsibilities of the parties, and relationships among them. In this context, well-designed and complete agreement is essential and necessary for the successfully completion of a construction project within the desired time, quality and budget. In this paper, it is aimed to analyze and compare the owner-contractor agreements in the Turkish and the US construction industry. First, the importance of construction contracts and contractual elements of an agreement is determined, and then, the standard owner-contractor agreement which is used in the Turkish construction industry is analyzed and compared with the US standard owner-contractor agreement. Finally, the differences between these agreements are put forward, the lack and deficiencies of Turkish standard agreement form are determined, and appropriate suggestions are improved.展开更多
At present,the biggest obstacle that growing enterprises may encounter in their development process is insufficient funds.Private equity financing does not only solve the capital problem of enterprises,but also provid...At present,the biggest obstacle that growing enterprises may encounter in their development process is insufficient funds.Private equity financing does not only solve the capital problem of enterprises,but also provide enterprises with professional management concepts and even help growing enterprises to go public in advance.However,high returns must be accompanied by high risks.For example,private equity financing has information asymmetry risks,principal-agent risks,etc.,and these risks make it impossible to maximize the advantages of private equity financing.Therefore,in order to reduce the risks brought by financing,investment and financing parties should choose to sign gambling contracts to reduce the risk.In recent years,the use of VAM agreements has become more in China.However,according to incomplete statistics,less than 30%of VAM agreements are successful,and this result is mainly due to the insufficient depth and breadth of research on VAM agreements.Therefore,this article will comprehensively analyze the problems that need to be paid attention to when signing a gambling agreement by introducing the case of Anda Technology,and the issue of targeted risk prevention will also be discussed in this paper.展开更多
Due to the lack of coordination between international investment law and international tax law,many contracting parties in the negotiations of old-generation international investment agreements(lAs)lacked a full under...Due to the lack of coordination between international investment law and international tax law,many contracting parties in the negotiations of old-generation international investment agreements(lAs)lacked a full understanding of the impact of these agreements on tax measures.As a result,old-generation IIAs often have deficiencies in addressing tax matters,thereby challenging the tax sovereignty of host countries.In recent years,an increasing number of countries have introduced standalone tax carve-out provisions in IIAs,and the United Nations Conference on Trade and Development has increasingly focused on the impact of IIAs on tax measures,calling for strengthened coordination between investment and tax policymakers.Therefore,it is necessary for China to explore more efficient ways to improve the tax carve-out provisions in its network of IIAs,making them more balanced,coordinated,and consistent.展开更多
The U.S.administration's decision tounilaterally impose sweeping tariff increas-es on tmported goods represents a signifi-cant challenge to the existing global tradingsystem,which has long been structuredaround mu...The U.S.administration's decision tounilaterally impose sweeping tariff increas-es on tmported goods represents a signifi-cant challenge to the existing global tradingsystem,which has long been structuredaround multilateral(WTO),regional,andbilateral(FTA)trade agreements.展开更多
New agreements and projects expand the scope of China-Africa cooperation across all sectors This year marks the 25th anniversary of the founding of the Forum on China-Africa Cooperation(FOCAC).It is also the inau-gura...New agreements and projects expand the scope of China-Africa cooperation across all sectors This year marks the 25th anniversary of the founding of the Forum on China-Africa Cooperation(FOCAC).It is also the inau-gural year for implementing the outcomes of the 2024 FOCAC Summit in Beijing.In June,Changsha,Hunan Province,hosted a series of China-Africa engagements poised to deepen their ties further.展开更多
This paper empirically studies the impact mechanism of the depth of digital trade rules on China’s digital service trade exports and explores the improvement paths for China accordingly.Based on the transaction cost ...This paper empirically studies the impact mechanism of the depth of digital trade rules on China’s digital service trade exports and explores the improvement paths for China accordingly.Based on the transaction cost theory and other foundations,this paper systematically classifies rule provisions into four categories:access and facilitation,cross-border data flow,digital intellectual property rights,and privacy protection and data security.It also uses the gravity model of trade to quantitatively analyze 22 Regional Trade Agreements texts involving China.The empirical results show that:the depth of digital trade rules as a whole significantly promotes digital service trade exports;the core driving factors include the gap in digital infrastructure,differences in higher education levels,urbanization levels,and GDP gaps;all four categories of provisions show a significant positive impact,among which access and facilitation provisions have the most prominent promotional effect.Heterogeneity analysis further reveals that the depth of rules has a significantly stronger promotional effect on trade partners in developed countries than in developing countries;sector-specific tests show that the financial services sector benefits the most,while the intellectual property sector is inhibited.Based on this,this paper proposes that China should actively participate in the construction of global rules,improve digital infrastructure,deepen the implementation of provisions,orderly expand opening-up in the digital field,strengthen intellectual property protection to balance innovation incentives and market expansion,and improve laws and regulations to ensure data security.展开更多
With the weakening role of the World Trade Organization multilateral trading system, the globalization pattern is moving toward regional economic integration.As a result, the number of regional trade agreements (RTAs)...With the weakening role of the World Trade Organization multilateral trading system, the globalization pattern is moving toward regional economic integration.As a result, the number of regional trade agreements (RTAs)has rapidly increased.New trends in international economics and trade,such as the withdrawal of the US from the Trans-Pacific Partnership and the trade disputes between the US and China,have revealed the intention of the developed countries represented by the US to reshape the direction of globalization.This paper combines the relevant research conclusions and current stylized facts to examine the evolution and reshaping of globalization.We find that: (i)countries have different attitudes toward the recent round of globalization,which are related to changes in the patterns of income distribution within countries caused by the last round of globalization;and (ii)regional economic development is an effective way to reshape globalization.The self-strengthening effect of the hub country in the trade network has promoted global RTA expansion.展开更多
Along with the increasing use of multi-party arbitration, mounting issues relating to it have recently become heated topics. One of the various facets concerning the availability of class arbitration has gathered over...Along with the increasing use of multi-party arbitration, mounting issues relating to it have recently become heated topics. One of the various facets concerning the availability of class arbitration has gathered overwhelming discussion in the US. According to the decisions of the United States Supreme Court, whether class action is applicable is probably decided by the arbitrator＇s interpretation of the parties＇ intent when an adequately drafted arbitration clause is silent on this issue, regardless of the correctness of his/her construing of the contracts. The contract interpretation theory is a conclusion of existing jurisprudence while the question of arbitrability doctrine may be a hint or inkling from a recent court decision. Comparing these two sides, it is better to regard the availability of class arbitration for silent agreements as a matter of contract interpretation. Although it is preferable to regard the availability issue of class action as a contract interpretation question, some restrictions on the arbitrators＇ broad contract interpretation needs to be imposed so that the parties＇ real intent can be properly enforced.展开更多
基金This paper is a phased result of the“Research on the Issue of China’s Data Export System”(24SFB3035)a research project of the Ministry of Justice of China on the construction of the rule of law and the study of legal theories at the ministerial level in 2024.
文摘The Fourth Industrial Revolution has endowed the concept of state sovereignty with new era-specific connotations,leading to the emergence of the theory of data sovereignty.While countries refine their domestic legislation to establish their data sovereignty,they are also actively engaging in the negotiation of cross-border data flow rules within international trade agreements to construct data sovereignty.During these negotiations,countries express differing regulatory claims,with some focusing on safeguarding sovereignty and protecting human rights,some prioritizing economic promotion and security assurance,and others targeting traditional and innovative digital trade barriers.These varied approaches reflect the tension between three pairs of values:collectivism and individualism,freedom and security,and tradition and innovation.Based on their distinct value pursuits,three representative models of data sovereignty construction have emerged globally.At the current juncture,when international rules for digital trade are still in their nascent stages,China should timely establish its data sovereignty rules,actively participate in global data sovereignty competition,and balance its sovereignty interests with other interests.Specifically,China should explore the scope of system-acceptable digital trade barriers through free trade zones;integrate domestic and international legal frameworks to ensure the alignment of China’s data governance legislation with its obligations under international trade agreements;and use the development of the“Digital Silk Road”as a starting point to prioritize the formation of digital trade rules with countries participating in the Belt and Road Initiative,promoting the Chinese solutions internationally.
基金result of the“Research on ESG Supply Chain Governance and Labor Rights Protection”(Project Number SUFE-ESG-20250315)a general subject project of the Fullgoal Institute for ESG Research,SUFE in 2025.
文摘Labor provisions have become a fundamental trade rule in regional and bilateral trade agreements.Although China’s legislation on pilot Free Trade Zones includes content related to labor protection,it primarily aligns with labor indicators in“Doing Business”,the assessment of business situations issued by the World Bank.It differs from the labor rights protection focus emphasized in trade agreements.The latest strategic documents issued by the State Council of China have addressed this issue to fully achieve the goal of aligning Free Trade Zones with high-standard trade agreements.Building on the development of Free Trade Zone legislation and domestic labor law governance,China should proactively explore a tailored approach to labor provisions in Free Trade Agreements.In this approach,it should explicitly define the“baseline”and“ceiling”for labor provisions during negotiations and,within this framework,establish benchmarks for labor rights protection,enforcement mechanisms,and cross-border regulatory mechanisms suited to the specific conditions of the agreement parties.
文摘This article aims at giving a contribution to the issue of accounting electrical energy sale and purchase agreements in accordance with the faithful representation principle. To this end, it must be ascertained whether electrical energy is bought/sold for an industrial use exclusively, so that the relevant transaction will be accounted as a normal purchase/sale, or through the lease of the relevant production plant, which would require the supply contract to be accounted in compliance with International Accounting Standards （IAS） 17 ＂Leasing＂. Alternatively, it must also be ascertained whether the relevant party is implementing financial trading strategies, as in such hypothesis, the supply contract is to be accounted as a financial instrument according to International Financial Reporting Standards （IFRS） 9/IAS 39 ＂Financial Instruments＂. Finally, the modalities used by a number of companies listed on European regulated markets to account such kind of contracts will be analyzed.
基金the Chinese Education Ministry Key Research Program(No.14JJD810017)the China Postdoctoral Science Foundation(No.2015M581553)
文摘The dispute settlement mechanism(DSM) has long been the focus of attention because of its significant role in the institutional construction of China's free trade agreements(FTAs). Thus, this paper is to make an analysis of the DSMs of China's established FTAs from a legal perspective of international regime study, which leads to the finding of a co-existence mode of formal and informal DSMs in China's FTAs. This paper also discusses the motivation and significance of such a choice.
文摘This study reassesses the macroeconomic and social impacts of Economic Partnership Agreements （EPAs） on Ivorian economy using Computable General Equilibrium （CGE） model with positive externalities of public investment in education, health, and economic infrastructure. Previous studies highlight negative effect of these agreements stressing particularly on losses in government revenues due to the removal of all tariffs on imports. This analysis aims to provide some insight into this question by refreshing the debate to show how this situation could be transformed into opportunities for Ivory Coast in order to promote growth and reduce poverty. To do so, this study postulates that government spending （investment） in economic infrastructure （roads, bridges, communication network, etc.）, in education and health sectors produces positive externalities in each industry. This assumption has not been set anymore in previous studies. Simulation results reveal that, despite this decline in government revenues, if it invests in economic infrastructure, health and education sector, EPAs will generate more revenue for government due to the rise in income tax on firms and households, and tax on overall production. Furthermore, household income will increase which will in turn stimulate （final） consumption. There won＇t also be a decline in economic growth.
文摘ZTE Corporation has signed strategic telecommunications software agreement with two leading providers in Europe and Latin America to optimize its offerings for target customers in
文摘China and Philippines signed agreements on the construction of two power plants in the Philippines on Nov. 27, 1996. China Shanghai Electric Corp signed an export credit supply contract with Philippines Magellan Utilities Development Corp for the huilding of a 300 MW
文摘Mostly, cloud agreements are signed between the consumer and the provider using online click-through agreements. Several issues and conflicts exist in the negotiation of cloud agreement terms due to the legal and ambiguous terms in Service Level Agreements (SLA). Semantic knowledge applied during the formation and negotiation of SLA can overcome these issues. Cloud SLA negotiation consists of numerous activities such as formation of SLA templates, publishing it in registry, verification and validation of SLA, monitoring for violation, logging and reporting and termination. Though these activities are interleaved with each other, semantic synchronization is still lacking. To overcome this, a novel SLA life cycle using semantic knowledge to automate the cloud negotiation has been formulated. Semantic web platform using ontologies is designed, developed and evaluated. The resultant platform increases the task efficiency of the consumer and the provider during negotiation. Precision and recall scores for Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS) SLAs were calculated. And it reveals that applying semantic knowledge helps the extraction of meaningful answers from the cloud actors.
基金This research is fully funded by Universiti Teknologi Malaysia under the UTM Fundamental Research Grant(UTMFR)with Cost Center No Q.K130000.2556.21H14.
文摘Properly created and securely communicated,non-disclosure agreement(NDA)can resolve most of the common disputes related to outsourcing of offshore software maintenance(OSMO).Occasionally,these NDAs are in the form of images.Since the work is done offshore,these agreements or images must be shared through the Internet or stored over the cloud.The breach of privacy,on the other hand,is a potential threat for the image owners as both the Internet and cloud servers are not void of danger.This article proposes a novel algorithm for securing the NDAs in the form of images.As an agreement is signed between the two parties,it will be encrypted before sending to the cloud server or travelling through the public network,the Internet.As the image is input to the algorithm,its pixels would be scrambled through the set of randomly generated rectangles for an arbitrary amount of time.The confusion effects have been realized through an XOR operation between the confused image,and chaotic data.Besides,5D multi-wing hyperchaotic system has been employed to spawn the chaotic vectors due to good properties of chaoticity it has.The machine experimentation and the security analysis through a comprehensive set of validation metric vividly demonstrate the robustness,defiance to the multifarious threats and the prospects for some real-world application of the proposed encryption algorithm for the NDA images.
基金the National Social Science Fund in the later stage(Grant No.20FFXA006)the Innovation Team Project of Data Application and Governance in the Implementation of the Comprehensive Rule of Law Strategy'in Humanities and Social Sciences of Shandong University.
文摘With the development of Internet technology and artificial intelligence,the cybersecurity issue is not only a complex technical problem but also a regulatory issue of laws and policies.The governments and the international community have promulgated relevant laws and regulations to regulate cybersecurity.In recent times,the digital trade chapter of free trade agreements and certain digital trade agreements have also begun to stipulate specialized cybersecurity clauses,providing overall principles and obligations for digital trade,government capacity building,international operational cooperation,workforce cooperation,risk-based standards,and cybersecurity standards for the Internet of Things,etc.The cybersecurity provisions in existing digital trade agreements emphasize cooperation and consensus among contracting parties,and the rights of different types of enterprises.The cybersecurity provisions in China's digital trade agreements need to further keep up with the times.On the premise of emphasizing national security and digital sovereignty,a design draft that conforms to the concept of a community with a shared future in cyberspace and balances the interests of all stakeholders should be proposed to strengthen China's voice in the formulation of digital trade rules.
文摘Why did the European Union （EU） conclude an Association Agreement （A.A）, rather than a free-trade agreement with Central American （CA） countries in 2010？ A CA-EU AA content analysis within the broader EU policy approach towards Latin America suggests it to be （1） the only feasible option for each side at a time of increasing commercial flux; （2） mutually attractive against globalizing threats, thus converting an institutional innovation into a double-edged instrument; and （3） illustrative of the subtle but significant shift of farm-protection demands from endogenous dynamics to exogenous. They carry important implications： （1） empirically： weak CA-EU linkages further dilute West Europe＇s broader Latin ambitions; （2） theoretically： AA analyses better reflect trading realities than pure regional economic integration theories, suggesting the corrosive impact of globalizing forces on regional pursuits; and （3） historically： the continued role of the farm jinx in trade.
文摘Successful and cost-effective construction relies upon appropriate communication of the participants of the construction project. Hence, it is important to define the rights and responsibilities of the parties, and relationships among them. In this context, well-designed and complete agreement is essential and necessary for the successfully completion of a construction project within the desired time, quality and budget. In this paper, it is aimed to analyze and compare the owner-contractor agreements in the Turkish and the US construction industry. First, the importance of construction contracts and contractual elements of an agreement is determined, and then, the standard owner-contractor agreement which is used in the Turkish construction industry is analyzed and compared with the US standard owner-contractor agreement. Finally, the differences between these agreements are put forward, the lack and deficiencies of Turkish standard agreement form are determined, and appropriate suggestions are improved.
文摘At present,the biggest obstacle that growing enterprises may encounter in their development process is insufficient funds.Private equity financing does not only solve the capital problem of enterprises,but also provide enterprises with professional management concepts and even help growing enterprises to go public in advance.However,high returns must be accompanied by high risks.For example,private equity financing has information asymmetry risks,principal-agent risks,etc.,and these risks make it impossible to maximize the advantages of private equity financing.Therefore,in order to reduce the risks brought by financing,investment and financing parties should choose to sign gambling contracts to reduce the risk.In recent years,the use of VAM agreements has become more in China.However,according to incomplete statistics,less than 30%of VAM agreements are successful,and this result is mainly due to the insufficient depth and breadth of research on VAM agreements.Therefore,this article will comprehensively analyze the problems that need to be paid attention to when signing a gambling agreement by introducing the case of Anda Technology,and the issue of targeted risk prevention will also be discussed in this paper.
基金a mid-term output of the major project of National Social Science Fund,entitled Research on China’s International Anti-Tax Avoidance Legislation in the Era of Code(project number:23AFX025)。
文摘Due to the lack of coordination between international investment law and international tax law,many contracting parties in the negotiations of old-generation international investment agreements(lAs)lacked a full understanding of the impact of these agreements on tax measures.As a result,old-generation IIAs often have deficiencies in addressing tax matters,thereby challenging the tax sovereignty of host countries.In recent years,an increasing number of countries have introduced standalone tax carve-out provisions in IIAs,and the United Nations Conference on Trade and Development has increasingly focused on the impact of IIAs on tax measures,calling for strengthened coordination between investment and tax policymakers.Therefore,it is necessary for China to explore more efficient ways to improve the tax carve-out provisions in its network of IIAs,making them more balanced,coordinated,and consistent.
文摘The U.S.administration's decision tounilaterally impose sweeping tariff increas-es on tmported goods represents a signifi-cant challenge to the existing global tradingsystem,which has long been structuredaround multilateral(WTO),regional,andbilateral(FTA)trade agreements.
文摘New agreements and projects expand the scope of China-Africa cooperation across all sectors This year marks the 25th anniversary of the founding of the Forum on China-Africa Cooperation(FOCAC).It is also the inau-gural year for implementing the outcomes of the 2024 FOCAC Summit in Beijing.In June,Changsha,Hunan Province,hosted a series of China-Africa engagements poised to deepen their ties further.
文摘This paper empirically studies the impact mechanism of the depth of digital trade rules on China’s digital service trade exports and explores the improvement paths for China accordingly.Based on the transaction cost theory and other foundations,this paper systematically classifies rule provisions into four categories:access and facilitation,cross-border data flow,digital intellectual property rights,and privacy protection and data security.It also uses the gravity model of trade to quantitatively analyze 22 Regional Trade Agreements texts involving China.The empirical results show that:the depth of digital trade rules as a whole significantly promotes digital service trade exports;the core driving factors include the gap in digital infrastructure,differences in higher education levels,urbanization levels,and GDP gaps;all four categories of provisions show a significant positive impact,among which access and facilitation provisions have the most prominent promotional effect.Heterogeneity analysis further reveals that the depth of rules has a significantly stronger promotional effect on trade partners in developed countries than in developing countries;sector-specific tests show that the financial services sector benefits the most,while the intellectual property sector is inhibited.Based on this,this paper proposes that China should actively participate in the construction of global rules,improve digital infrastructure,deepen the implementation of provisions,orderly expand opening-up in the digital field,strengthen intellectual property protection to balance innovation incentives and market expansion,and improve laws and regulations to ensure data security.
基金the Natural Science Foundation of China (No.71673177)the Social Science Foundation of China (No.18ZDA069)the SHUFE Graduate Student Research Project (No.CXJJ-2016-339).
文摘With the weakening role of the World Trade Organization multilateral trading system, the globalization pattern is moving toward regional economic integration.As a result, the number of regional trade agreements (RTAs)has rapidly increased.New trends in international economics and trade,such as the withdrawal of the US from the Trans-Pacific Partnership and the trade disputes between the US and China,have revealed the intention of the developed countries represented by the US to reshape the direction of globalization.This paper combines the relevant research conclusions and current stylized facts to examine the evolution and reshaping of globalization.We find that: (i)countries have different attitudes toward the recent round of globalization,which are related to changes in the patterns of income distribution within countries caused by the last round of globalization;and (ii)regional economic development is an effective way to reshape globalization.The self-strengthening effect of the hub country in the trade network has promoted global RTA expansion.
文摘Along with the increasing use of multi-party arbitration, mounting issues relating to it have recently become heated topics. One of the various facets concerning the availability of class arbitration has gathered overwhelming discussion in the US. According to the decisions of the United States Supreme Court, whether class action is applicable is probably decided by the arbitrator＇s interpretation of the parties＇ intent when an adequately drafted arbitration clause is silent on this issue, regardless of the correctness of his/her construing of the contracts. The contract interpretation theory is a conclusion of existing jurisprudence while the question of arbitrability doctrine may be a hint or inkling from a recent court decision. Comparing these two sides, it is better to regard the availability of class arbitration for silent agreements as a matter of contract interpretation. Although it is preferable to regard the availability issue of class action as a contract interpretation question, some restrictions on the arbitrators＇ broad contract interpretation needs to be imposed so that the parties＇ real intent can be properly enforced.
