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Authoritarianism and legality Asia Pacific Law Review (IF 0.542) Pub Date : 2024-03-22 Taisu Zhang
This symposium essay offers some generalized theoretical propositions on the connection between authoritarianism and legality. It suggests that there are least some sociopolitical contexts in which...
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Asia-Pacific trusts law Volume 1 theory and practice in context Asia Pacific Law Review (IF 0.542) Pub Date : 2024-03-11 Hang Wu Tang
Published in Asia Pacific Law Review (Ahead of Print, 2024)
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Varieties of authoritarian legality Asia Pacific Law Review (IF 0.542) Pub Date : 2024-03-07 Shucheng Wang
An analysis of legality in an authoritarian zone requires a nuanced understanding of its dynamics and how they differ from those conventionally envisioned in a democratic society. This article crit...
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Dissemination and development of global corporate governance standards: comparing approaches to ‘comply or explain’ in Philippines and Malaysia Asia Pacific Law Review (IF 0.542) Pub Date : 2024-03-04 Benedict Sheehy, Karla A. Funtila-Abugan
This article contributes to understanding how global standards are disseminated, adopted and modified in specific contexts. It does so with attention to two factors: economic logics and socio-cultu...
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Science, technology, and innovation: the next frontier in Asia-Pacific’s legal framework Asia Pacific Law Review (IF 0.542) Pub Date : 2023-12-19 Xu Qian, Yan Zhang
The pivotal role of science, technology, and innovation (STI) in the global economic framework has brought the Asia-Pacific region into sharp focus, given its unique blend of burgeoning and mature ...
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Geography has little impact: a comparative study on the role of judges in Singapore and Indonesia in the taking of evidence in civil proceedings Asia Pacific Law Review (IF 0.542) Pub Date : 2023-12-19 Junianto James Losari
Indonesia and Singapore are neighbouring countries with vibrant economic relations. Despite the geographical proximity, the legal systems in both countries are strikingly different. The author sugg...
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Bad faith litigation of intellectual property as a violation of China’s anti-monopoly law: How should the current approach be improved? Asia Pacific Law Review (IF 0.542) Pub Date : 2023-12-19 Peicheng Wu
Despite that access to justice is a universally recognized human right, comparative antitrust experience from both sides of the Atlantic demonstrates that bad faith litigation of intellectual prope...
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A tale of two immunities: the ongoing transition from absolute to restrictive sovereign immunity in China Asia Pacific Law Review (IF 0.542) Pub Date : 2023-12-19 Xueliang Ji
This article examines the doctrine of sovereign immunity and its implications in the context of China’s evolving stance on this principle. The paper delves into the historical foundations and theor...
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Deciphering RCEP: a deep dive into financial services treaty language in the Asia-Pacific Asia Pacific Law Review (IF 0.542) Pub Date : 2023-12-05 Lin Lifei
The recently signed Regional Comprehensive Economic Partnership (RCEP) Agreement is likely to have a profound impact on the dissemination and integration of new regulatory standards for financial s...
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The comprehensive implementation of the registration-based system of IPO regulation in China: practice, progress, problems and prospects Asia Pacific Law Review (IF 0.542) Pub Date : 2023-07-24 Fa Chen, Lijun Zhao
In June 2019, the Shanghai Stock Exchange Sci-tech Innovation Board was established with the deployment of the registration-based system as a pilot test, opening the chapter of China’s initial publ...
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Correction Asia Pacific Law Review (IF 0.542) Pub Date : 2023-07-19
Published in Asia Pacific Law Review (Vol. 32, No. 1, 2024)
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Indian Private International Law Asia Pacific Law Review (IF 0.542) Pub Date : 2023-07-13 Sai Ramani Garimella, Soumya Rajsingh
Published in Asia Pacific Law Review (Vol. 32, No. 1, 2024)
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Religious offences in Common Law Asia: colonial legacies, constitutional rights and contemporary practice Asia Pacific Law Review (IF 0.542) Pub Date : 2023-07-13 Abd. Rahman, Ahmad Jalili
Published in Asia Pacific Law Review (Vol. 32, No. 1, 2024)
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The impacts of third-party funding on cost decisions in investment arbitration Asia Pacific Law Review (IF 0.542) Pub Date : 2023-07-13 MD Khairul Islam
The involvement of Third-party Funding (TPF) in investment arbitration disrupts the balance between the parties to an arbitration. Though a party’s reliance on external funding represents its impec...
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International trade and investment dispute settlement in the Asia-Pacific region: inspiring the new Asian regionalism Asia Pacific Law Review (IF 0.542) Pub Date : 2023-06-04 James J. Nedumpara
ABSTRACT The economic integration taking place among the Asia-Pacific countries is unique and transformative. The new Asian regionalism represents the collective power of the Asia-Pacific countries with ASEAN at its centre and a regime underpinned by hard law fostered by comprehensive trade and investment agreements. While ASEAN countries are committed to the ASEAN way of dispute settlement, the participation
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Industrial policy in Asia-Pacific integration: localization measures and subsidies in ASEAN countries Asia Pacific Law Review (IF 0.542) Pub Date : 2023-06-04 Sherzod Shadikhodjaev
ABSTRACT As part of Asia-Pacific regionalism, the Association of Southeast Asian Nations (ASEAN) is in the process of establishing a single market. ASEAN member states conduct their industrial policies on their own but are also guided by the ASEAN legal framework. Having once been in the mainstream of government economic interventions, localization measures still continue to be in use in this region
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Competition law and policy of the ASEAN member states for the digital economy: a proposal for greater harmonization Asia Pacific Law Review (IF 0.542) Pub Date : 2023-06-01 Yo Sop Choi, Ploykaew Porananond
ABSTRACT Over the last decade, many countries have demonstrated remarkable development in their competition regimes, and the regimes of the Member States of the Association of Southeast Asian Nations (ASEAN) are no exception. Since effective competition policy for the digital economy has become an important topic across the world, it is time to discuss desirable guidance for digital competition law
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Shaping trade in goods relevant to renewable energy generation: the RCEP’s potential and limitation Asia Pacific Law Review (IF 0.542) Pub Date : 2023-06-01 Michelle Limenta
ABSTRACT The Regional Comprehensive Economic Partnership Agreement (RCEP) has shaped the legal regime of the ‘new Asian regionalism’ that emerged due to the region’s rising economic power and increased partnerships. However, the pact has been criticized to bypass rules dealing with environmental protection. This article demonstrates that the RCEP can potentially contribute to trade in certain renewable
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Digital services and digital trade in the Asia pacific: an alternative model for digital integration? Asia Pacific Law Review (IF 0.542) Pub Date : 2023-06-01 Neha Mishra, Ana Maria Palacio Valencia
ABSTRACT This article explores digital integration in the Asia Pacific through a comparative analysis of four preferential trade agreements (PTAs): (i) the Comprehensive and Progressive Trans-Pacific Partnership Agreement (CPTPP); (ii) the Regional Comprehensive Economic Partnership Agreement (RCEP); and two-digital only agreements: (iii) the ASEAN Ecommerce Agreement; and (iv) the Digital Economy
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Rethinking Asia-Pacific regionalism and new economic agreements Asia Pacific Law Review (IF 0.542) Pub Date : 2023-05-30 Julien Chaisse, Pasha L. Hsieh
ABSTRACT The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order
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International investment law regionalism in Asia: the tale of South Asia Asia Pacific Law Review (IF 0.542) Pub Date : 2023-05-30 Prabhash Ranjan
ABSTRACT International investment law regionalism in the ASEAN region has been a spectacular success. It presents what can be described as ‘third regionalism’. This has prompted scholars to present the ASEAN success model representing the whole of Asia. But there are multiple ‘Asias’. Large swathes of Asia have reluctantly pursued regionalism. One such region is South Asia, whose experience is very
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Tax, trade, and investment conundrum in Asia-Pacific regionalism Asia Pacific Law Review (IF 0.542) Pub Date : 2023-05-30 Julien Chaisse
ABSTRACT This article examines the interplay between taxation, trade, and investment in the context of new Asian regionalism. With the emergence of multilateral initiatives, tax rules have evolved with the potential to conflict with trade and investment treaties, resulting in tax-related disputes. This article argues that tax cooperation and harmonization between Asian nations are crucial for promoting
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Labour and trade in Asia Pacific: origin, development, and prospects Asia Pacific Law Review (IF 0.542) Pub Date : 2023-05-30 Yueming Yan
ABSTRACT Labour rights protection has been an important issue in international trade law, and its significance has gained momentum in recent times. Historically, countries from the Global North and the Global South have advocated opposing positions on a trade-labour linkage in the World Trade Organization system. Despite this long debate, one can observe a rise of labour clauses in bilateral and regional
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Investment screening put to the test of the Covid-19 Pandemic: typology, legality and externality Asia Pacific Law Review (IF 0.542) Pub Date : 2023-03-02 Cheng Bian
ABSTRACT The Covid-19 Pandemic has introduced or revived a concern in the foreign direct investment (FDI) context that was less emphasized pre-Pandemic, namely public health. This article discusses the typology of Covid-19 related FDI screening, expounds on the legality of these measures in the context of both national investment law and international investment law, and identifies the potential negative
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The Financial Action Task Force entrapped within hypocrisy and rhetoric: using India as a case study Asia Pacific Law Review (IF 0.542) Pub Date : 2023-02-28 Ishita Chakrabarty
ABSTRACT This paper discusses the FATF and its relationship with other normative frameworks (security, human rights), and actors (states, private institutions, civil society). It explains how the FATF, was appropriated willingly by states, beyond the peer-pressure, or financial repercussions explanations. It finds that one of these reasons was that states could use them to their own benefit through
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Human Rights in Eastern Civilisations: Some Reflections of a Former UN Special Rapporteur Asia Pacific Law Review (IF 0.542) Pub Date : 2023-02-27 Diane A Desierto
Published in Asia Pacific Law Review (Vol. 31, No. 2, 2023)
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Are you avoiding me? A reflection on voidness and voidability Asia Pacific Law Review (IF 0.542) Pub Date : 2023-01-12 Lord Briggs of Westbourne
ABSTRACT Voidness is an extreme doctrine. Whether a contract or other transaction is or is not void depends upon rules which, although frequently founded in powerful logic or statutory dictat, operate in a rigid way which frequently have little to do with a just or fair outcome between all the persons affected, however hard the law of restitution then seeks to bind up the wounds. By contrast, the equitable
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The formulation and determination of expropriation clauses in BITs of Sri Lanka: gaps and prospects Asia Pacific Law Review (IF 0.542) Pub Date : 2022-09-23 Niroshika Liyana Muhandiram
ABSTRACT The expropriation clause is the most frequently challenged provision in Bilateral Investment Treaties (BITs). Differences in the text of treaties and sometimes similar provisions have led the tribunals to offer varying views adopting different tests for determining expropriation. The consequences of such decisions ranged from the denunciation of investment treaty obligations to renewing the
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The concept of proportionality in public law Asia Pacific Law Review (IF 0.542) Pub Date : 2022-09-16 Pui-yin Lo
Published in Asia Pacific Law Review (Vol. 31, No. 1, 2023)
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Use of personal information for artificial intelligence learning data under the Personal Information Protection Act: the case of Lee-Luda, an artificial-intelligence chatbot in South Korea Asia Pacific Law Review (IF 0.542) Pub Date : 2022-09-12 Seung Jae Jeon, Myung Seok Go, Ju Hyun Namgung
ABSTRACT The data from 10 billion sentences, originally collected for a dating counselling service, were used to develop and operate an AI chatbot, Lee-Luda. However, the chatbot company was fined by the South Korean government for violating the Personal Information Protection Act (PIPA). The case of Lee-Luda is the first case in South Korea that raised the question as to whether the use of personal
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Copyright reformed: the narrative of flexibility and its pitfalls in policy and legislative initiatives (2011–2021) Asia Pacific Law Review (IF 0.542) Pub Date : 2022-09-12 Eleonora Rosati
ABSTRACT This article reviews selected copyright policy and legislation at the international, regional and national levels during the period 2011–2021. It identifies a common and consistent narrative that supported reform initiatives in the surveyed jurisdictions: the modernization of copyright requires greater flexibility so that the undertaking of certain acts without authorization is not unduly
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Comparative analysis of the impact of piracy on International Trade in Korea, Indonesia and Nigeria Asia Pacific Law Review (IF 0.542) Pub Date : 2022-09-12 Kalu Kingsley Anele
ABSTRACT International trade is crucial to the economic development of states and shipping is pivotal in this transaction. The efficiency of international trade requires secured sea lanes for vessels conveying cargo to traverse from one country to another. These activities are particularly significant to the economies of riparian states. However, piracy adversely implicates these activities. This paper
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Public international law, international taxation and tax dispute resolution Asia Pacific Law Review (IF 0.542) Pub Date : 2022-08-08 Julien Chaisse, Irma Mosquera
ABSTRACT International tax law has not been discussed much by the lawyers involved in public international law. Due to this, there exists a gap, as presently, developments in international law do not correspond to the constant developments in international tax law. This article seeks to highlight the challenges that would arise from the normative expansion of taxation law. Scholars have highlighted
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Between sovereignty and complexity: the settlement of tax disputes by the world trade organization Asia Pacific Law Review (IF 0.542) Pub Date : 2022-08-01 Luca Rubini
ABSTRACT The analysis of WTO law and the key disputes in ‘trade and tax’ field leads to interesting findings. The relationship between international trade law and domestic tax laws is not easy. First, the emerging picture is the difficulty of the trade regulatory framework and the jurisprudence to draw a clear line between what is permitted and what is not. Legal uncertainty is the word. This uncertainty
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The expanding universe of international tax disputes: a principled analysis of the OECD international tax dispute settlement proposals Asia Pacific Law Review (IF 0.542) Pub Date : 2022-07-30 Howard Mann
ABSTRACT This article analyzes the dispute settlement proposals contained in the October 2020 OECD Pillar One Blueprint. We concentrate on the actual proposals found in the Blueprint and analyse them against critical issues that are relevant to the development of public international law dispute settlement processes more broadly, fostering a better contextualization of the analysis. Invariable, these
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Proportionality and the fight against international tax abuse: comparative analysis of judicial review in EU, international investment and WTO law Asia Pacific Law Review (IF 0.542) Pub Date : 2022-07-28 Ricardo García Antón, Toni Marzal
ABSTRACT This contribution considers the use of the principle of proportionality to review measures combatting international tax abuse (avoidance and evasion). Our claim is that proportionality, which tends to be viewed as the key analytical tool to balance tax equity against the interests of taxpayers, is ill-suited to the review of such measures. This we will demonstrate from a theoretical angle
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Investor-state dispute settlement and tax matters: limitations on state’s sovereign right to tax Asia Pacific Law Review (IF 0.542) Pub Date : 2022-07-28 Prabhash Ranjan
ABSTRACT More and more countries are coordinating at the international level to implement taxation measures to counter the problem of tax avoidance by multinational corporations (MNCs). This has led to increasing internalization of taxation measures, which, in turn, will lead to greater normative dialogue between international taxation and other branches of public international law such as international
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International organizations and corporate governance: the case of the AIIB Asia Pacific Law Review (IF 0.542) Pub Date : 2022-06-08 Bin Gu, Chengjin Xu
ABSTRACT The relationship between the Board and management has been a key issue of corporate governance for Bretton Woods institutions, and there is no exception to the Asian Infrastructure Investment Bank (AIIB). A new multilateral development bank (MDB) derived from Bretton Woods, the AIIB is now the second largest after the World Bank by membership. The institution of a non-resident Board of Directors
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New Asian regionalism in international economic law Asia Pacific Law Review (IF 0.542) Pub Date : 2022-05-26 Fang Meng Mandy
Published in Asia Pacific Law Review (Vol. 30, No. 2, 2022)
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Sustainability and corporate mechanisms in Asia Asia Pacific Law Review (IF 0.542) Pub Date : 2022-05-16 Wai Yee Wan
Published in Asia Pacific Law Review (Vol. 30, No. 2, 2022)
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Emerging powers and the world trading system: The past and future of international economic law Asia Pacific Law Review (IF 0.542) Pub Date : 2022-05-16 Mark Feldman
Published in Asia Pacific Law Review (Vol. 30, No. 2, 2022)
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Towards a three-tiered ombuds system for investment dispute prevention: principles and challenges Asia Pacific Law Review (IF 0.542) Pub Date : 2022-05-13 Chen Yu
ABSTRACT In the ongoing discourse of investor-State dispute settlement (ISDS) reform, dispute prevention mechanisms (DPMs) have attracted extensive attention among States. As a typical form of DPM, the investment ombuds mechanism not only serves as a decentralized and cost and time-efficient avenue to resolve disputes before they escalate into investment arbitration but also plays an irreplaceable
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Korea’s experimentation in legal services market liberalization: lessons learned and options for reform Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-15 Tae Jung Park, Young Lo Ko
ABSTRACT Korea amended the Foreign Legal Consultant Act in 2016 to fulfil its free trade agreement commitments to Phase 3 legal services market liberalization. This Phase 3 liberalization allowed foreign law firms to form Joint Venture Law Firms with Korean law firms and practice in certain areas of local laws by employing Korean-licensed lawyers. However, free trade agreement contracting parties heavily
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Lawyer, scholar, teacher and activist: a Liber Amicorum in honour of Derek Roebuck Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-10 S. C. Tan Cheng-Han
(2022). Lawyer, scholar, teacher and activist: a Liber Amicorum in honour of Derek Roebuck. Asia Pacific Law Review. Ahead of Print.
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The Indian legal system: an enquiry Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-10 Rustam Chaudhuri
(2022). The Indian legal system: an enquiry. Asia Pacific Law Review. Ahead of Print.
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Constitutional transition and the travail of judges: the courts of South Korea Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-10 Amal Sethi
(2022). Constitutional transition and the travail of judges: the courts of South Korea. Asia Pacific Law Review. Ahead of Print.
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Central bank digital currencies as a potential response to some particularly Pacific problems Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-10 Anton N Didenko, Ross P Buckley
ABSTRACT Despite years of effort, financial inclusion persists as a major challenge in the Pacific Island Countries (PICs), with many in the region still lacking access to financial services. This article argues that central bank digital currencies (CBDCs) offer a potentially highly efficacious solution to (i) the financial inclusion challenges of the PICs and (ii) the problem of high remittance costs
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Gender, alterity, and human rights: freedom in a fishbowl Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-08 Laura Sjoberg
(2021). Gender, alterity, and human rights: freedom in a fishbowl. Asia Pacific Law Review: Vol. 29, No. 2, pp. 429-433.
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Judges of the Supreme Court of India 1950–89 Asia Pacific Law Review (IF 0.542) Pub Date : 2022-03-01 Sumit Sonkar
(2021). Judges of the Supreme Court of India 1950–89. Asia Pacific Law Review: Vol. 29, No. 2, pp. 422-425.
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The complexification of disputes in the digital age Asia Pacific Law Review (IF 0.542) Pub Date : 2022-01-02 Sundaresh Menon
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Jury trial and public trust in the judiciary: evidence from cross-countries comparison Asia Pacific Law Review (IF 0.542) Pub Date : 2021-09-14 John Zhuang Liu, Lei Chen
ABSTRACT The jury is an institution that has evoked praise and criticism throughout its history. Recently, it has also triggered debate in many countries as they reform their judicial processes. Gathering data on 111 countries from various sources to analyse the jury as part of the judicial system, we find that public trust in the judiciary is higher in countries with jury trials than in countries
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A comparative guide to the Asian Infrastructure Investment Bank Asia Pacific Law Review (IF 0.542) Pub Date : 2021-01-25 Hong Yu
(2020). A comparative guide to the Asian Infrastructure Investment Bank. Asia Pacific Law Review: Vol. 28, No. 2, pp. 444-447.
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Collected essays on international law Asia Pacific Law Review (IF 0.542) Pub Date : 2020-10-15 Wenjun Yan
(2020). Collected essays on international law. Asia Pacific Law Review: Vol. 28, No. 1, pp. 254-258.
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Customer claims in financial services contracts in Singapore: enhancing common law rights with statutory protection Asia Pacific Law Review (IF 0.542) Pub Date : 2020-01-02 Dora Neo
ABSTRACT The Global Financial Crisis of 2008 (GFC) drew attention to the importance of customer protection in financial services contracts. In Singapore, customers who lost money in the GFC have not been very successful in suing financial institutions under the common law. This is due, in part, to tightly drafted contracts and clauses designed to protect the interests of financial institutions, such
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Covid-19, India, and investor-State dispute settlement (ISDS): will India be able to defend its public health measures? Asia Pacific Law Review (IF 0.542) Pub Date : 2020-01-02 Prabhash Ranjan, Pushkar Anand
ABSTRACT The Coronavirus Disease 2019 (Covid-19) pandemic has forced States to adopt a number of regulatory responses, which, in turn, could negatively impact foreign investors. Thus, many apprehend that foreign investors might bring investor-State dispute settlement (ISDS) claims against States under different bilateral investment treaties. The Covid-19 pandemic has badly affected India, forcing India
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Paths of justice Asia Pacific Law Review (IF 0.542) Pub Date : 2019-11-22 Jie Cheng
(2019). Paths of justice. Asia Pacific Law Review: Vol. 27, No. 2, pp. 306-309.
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Reading marine insurance contracts: determining the scope of cover* Asia Pacific Law Review (IF 0.542) Pub Date : 2019-07-03 Howard Bennett
ABSTRACTThe scope of cover under marine insurance policies is delineated by a combination of express insuring clauses specifying covered risks together with limitations on cover either express in t...
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Copyright as an obstacle or an enabler? A European perspective on text and data mining and its role in the development of AI creativity Asia Pacific Law Review (IF 0.542) Pub Date : 2019-07-03 Eleonora Rosati
Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the p...
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Third party aggressors as insured perils under a marine insurance policy Asia Pacific Law Review (IF 0.542) Pub Date : 2019-07-03 Peter MacDonald Eggers QC
ABSTRACTMarine insurance policies insure against a number of recognized perils, many of which are concerned not with accidents, but with deliberate loss or damage inflicted by aggressive third part...
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Superior bargaining power: the good, the bad and the ugly Asia Pacific Law Review (IF 0.542) Pub Date : 2019-01-02 Liyang Hou
ABSTRACT Abuse of superior bargaining power demonstrates a domain where practice precedes theory. Although the scanty regulation across the world has always been criticized for the lack of legal certainty as well as reasonable economic justification, legislative attempts never rested and extensively emerged in the last decade. The incomplete contract theory may offer one value perspective on the efficient