Development International Law – Part 7

The Politics of Law: How Competing Politics Influence the Development of International Human Rights and Humanitarian Law
Sarika Sinha
Law and Society Journal at the University of California, Santa Barbara
Volume 7, 2007-2008 p.35

“INTERNATIONAL BEST PRACTICE”IN MINING WHO DECIDES AND HOW-AND HOW DOES IT IMPACT LAW DEVELOPMENT?
John P. Williams
Georgetown Journal of International Law
Volume 39, Number 4, Summer 2008 p.693

The Influence of Hong Kong Banking Law on Banking Reform in the PRC
Duncan Alford
East Asia Law Review
Volume 3, Issue 1, Summer 2008 p.35

After the hand over of Hong Kong by the United Kingdom to the People’s Republic of China (“PRC”), some commentators predicted that China would interfere with Hong Kong’s economy and legal system despite the Basic Law’s protections. This Article argues that in the area of financial supervision, particularly bank supervision, the Hong Kong Special Administrative Region has significantly influenced banking reform in the PRC. The PRC’s implementation and development of bank supervisory standards that approach compliance with international financial standards has been significantly influenced by the Hong Kong Monetary Authority (“HKMA”), Hong Kong’s central bank, through both informal and formal contacts between HKMA officials and PRC bank supervisory officials. The Article briefly analyzes the PRC banking system, provides a short history of banking reform in the PRC, describes the influence of the HKMA and the Hong Kong financial sector generally on the PRC banking reform efforts, and finally examines the prospects of continuing Hong Kong influences on PRC banking reform.

The Contribution of the UNHCR Executive Committee to the Development of International Refugee Law
Allison Corkery
Australian International Law Journal
Volume 13, 2006 p.97

Implementation of International Trade Rules Governing Software Protection and Development in Four Asian Jurisdictions (Part 1)
DONALD LEWIS AND JUNLEI PENG
Computer and Telecommunications Law Review
Volume 14, Issue 7, October 2008 p.191

Given the explosion of software industry in Asia, this article intends to analyse the case law of four jurisdictions (Hong Kong, Singapore, China and Thailand), to closely examine their implementation of relevant international trade rules. The former two, having a relatively more advanced development level, are compared to the latter two in various aspects of trade restriction and intellectual property protection.

The Development of Teaching and Research in the Field of Public International Law at the Universities of the Former German Democratic Republic
Walter Poeggel
German Yearbook of International Law
Volume 50, 2007 p.139

E-Commerce Taxation and Cyberspace Law: The Integrative Adaptation Model
Rifat Azam
Virginia Journal of Law & Technology
Volume 12, Issue 3, Summer 2007

This article argues that the current debate on international taxation of e-commerce is totally tax oriented and ignores cyberspace law and that this separation is unjustified and harmful to the development of e-commerce taxation law. Mutual intellectual feeding and integrative debate that is open and interesting to the general legal scholarly community is necessary to improve e-commerce law. To begin a debate on e-commerce taxation as part of cyberspace law, the author describes and incorporates for the first time the primary cyberspace literature into the e-commerce taxation debate. The author draws lessons from judicial jurisdiction in cyberspace, criminal law in cyberspace, and copyright law in cyberspace to argue that the law of cyberspace can help evolve the e-commerce tax regime. The article also examines the changes in these fields of law as they have adapted to cyberspace. Finally, the article presents the Integrative Adaptation Model to integrate the cyberspace law and e-commerce taxation debates. The Integrative Adaptation Model consists of four layers of adaptation: (1) developing income-classification rules and residency rules by case law, (2) introducing new source rules based on the location of the parties to the transaction and the physical income-production components, (3) using technology to apply the tax regime to e-commerce, and (4) gaining international consensus through international Treaties . The Integrative Adaptation Model is appropriate for taxing international e-commerce income.
 

Author: international

Mentioned in these Entries

Development International Law, Treaties.