This article deals with several problems pertaining to cross-border insolvency, an important but ignored area in China. In this article, the current status of Chinese bankruptcy laws has been ¢rstly addressed, with a focus on its legal blank on cross-border insolvency and unsatisfactory judicial practice.Thereafter, the in£uential Guargdong InternationalTrust and Investment company case has been analysed, which further highlights the inadequacy of Chinese bankruptcy legislation and crying needs for its reform. Basing on the essential principles embodied in the United Nations Commission on International Trade Law Model Law and European Union Regulation, the gaps between Chinese bankruptcy laws and international practice have been made clear. Accordingly, the developments of Chinese cross-border insolvency have been proposed in order to provide helpful references for the future legislation.
Cultural products present themselves dually, as both commercial objects and assets that convey values and identity. The recently decided WTO case of China – Publications and Audiovisual Products provides an opportunity to examine the interface between the ‘specificity’ of cultural products and the ‘generality’ of trade obligations. Based on the DSB reports, this comment centres its analysis on four key issues: the UNESCO Convention as cultural defence, the application of the ‘public morals exception’ to cultural products, the distinction and overlap between cultural goods and services, and the degree to which culture can determine the ‘likeness’ between imported and domestic cultural products. This comment concludes with remarks on the case decisions, lessons China might have learned, and the necessity of reconciling free trade with cultural diversity in the context of economic globalization.
The flame knows no rest, for it lives in perpetual conflict between two opposite tendencies. On the one hand, it cleaves to its wick, drinking thirstily of the oil that fuels its existence. At the same time, it surges upward, seeking to tear free of its material tether.
– Yanki Tauber, Beyond the Letter of the Law
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