The Asian and world financial crisis of the late 1990s has shown the limits of governments as the sole or even the primary contributor to policy debates regarding the development of commercial law and economic development. Non-governmental scholarly and professional groups have an important...

This article discusses the extent to which rule of law principles have been embraced within the language, principles and practice of China’s Company Law. The paper discusses different understandings of the rule of law that are to be found in the wider literature. Whilst China has affirmed the...

China's ‘Go Global' strategy has encouraged Chinese companies to seek to enhance China's resource security through acquisitions in foreign markets. Under the influence of this policy, Chinese companies have greatly increased outbound investment in recent years, and one consequence of this...

In recent years, China's ‘Go Global' policy has encouraged Chinese companies to go abroad to invest; inevitably this increased investment activity has generated a range of tensions and commercial disputes. The legal cultures that have shaped the mind-sets of parties to these commercial...

The maintenance of capital doctrine has generated considerable debate in corporate law since its heyday in the late nineteenth century. Capital rules continue to be debated in jurisdictions as diverse as the China and the United Kingdom. It was long assumed that the doctrine protected a...

There is no doubt that both internal and external regulation of banks will need to be coordinated, but the main responsibility for effective regulation of banks and financial institutions lies within these institutions themselves. However, internal regulation needs to be backed up by effective...

The decision of the England and Wales Court of Appeal (Civil Division) dismissing the appeal by Northern Rock plc shareholders following the nationalization of Northern Rock and the subsequent compulsory acquisition of their shares is an important statement of the role of legal mechanisms in...

The Global Financial Crisis has revealed that many advanced markets had poorly developed legal regimes and regulatory structures for dealing with banks and financial institutions that faced financial difficulties. This was especially so in regard to the “shadow banking system”; the failure...

We have reached a turning point in our efforts to regulate banks and financial institutions by resort to current risk-based models and regulatory structures. As is evident from failures during the global financial crisis that burst upon the scene in later 2007, the use of these risk based and...

Many Asian legal systems have moved to modernise their systems of business law. This has usually meant that laws dealing with corporate debt or corporate insolvency have also been introduced or modernised. A seeming paradox is presented by this apparent commitment to the rule of law as is...