China’s Rights in the Marine Arctic

2013 ◽  
Vol 28 (1) ◽  
pp. 61-95 ◽  
Author(s):  
Olya Gayazova
Keyword(s):  
Coastal Waters ◽  
The Arctic ◽  
Law Of The Sea ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Arctic Council ◽  
Republic Of China ◽  
Legislative Policies ◽  
The Law

Abstract The new Arctic Council observer guidelines specify that in determining the suitability of applicants for observer status, their recognition of Arctic states’ sovereignty, sovereign rights and jurisdiction in the Arctic will be noted. The People’s Republic of China (PRC) is one of the applicants for Arctic Council observer status and maintains that it respects the rights of Arctic states and has its own rights in the region. In this article, two questions are examined: first, whether the PRC’s policy steps in the Arctic have been within the scope of the rights of non-Arctic states in the region under the Law of the Sea, and second, the degree to which China’s rights in the marine Arctic may be limited by its legislative policies in its coastal waters.

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Chief Executive ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

scholarly journals What’s the lender liability risk for soil pollution in the People’s Republic of China? An evaluation of China’s new Soil Pollution and Control Law in the light of the USA and UK regimes

2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown
Keyword(s):  
Soil Pollution ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Usa ◽  
The Law ◽  
Lender Liability ◽  
Management Advice ◽  
And Control ◽  
People's Congress

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.

International Law of the Sea in North Natuna Sea

2020 ◽  
Vol 7 (11) ◽  
pp. 354-367
Author(s):  
Yulian Azhari
Keyword(s):  
International Law ◽  
United States Of America ◽  
Historical Analysis ◽  
Law Of The Sea ◽  
People’S Republic Of China ◽  
Military Bases ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The North ◽  
International Attention

The dispute that occurred in the North Natuna Sea has attracted international attention, including the superpower United States of America and the People's Republic of China and countries in the Southeast Asian region. This escalation of tensions occurred when the People's Republic of China built military bases in areas considered the nine dash lines that the PRC claims as part of their country. International law continues to fail to enforce the North Natuna Sea. It is clear that international law has so far tried - and failed - to contain China's advances in the North Natuna Sea. Existing confidence-building measures must match China's increasingly hegemonic claims. If not, the rules-based order will face continued erosion and smaller countries in Southeast Asia will suffer the consequences. This study uses a qualitative approach with socio-historical analysis to reveal past events, especially in the field of maritime law, which are unknown to the international community.  

6 National Report for the People’s Republic of China

2016 ◽  
Author(s):  
Weiguo Wang
Keyword(s):  
People’S Republic Of China ◽  
Bankruptcy Law ◽  
People's Republic Of China ◽  
Republic Of China ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Rights And Interests ◽  
Insolvency Proceedings

This chapter discusses the law on creditor claims in China. The rights and interests of creditors are protected by the 2006 Enterprise Bankruptcy Law (EBL). The term ‘insolvency claims’ is not officially used to refer to the claims against the insolvent debtor which are eligible for insolvency proceedings. In the text of the EBL, they are simply referred to as ‘claims’ (ie, creditors’ rights or obligatory rights). Only when bankruptcy liquidation proceedings start following the court’s ruling of bankruptcy declaration do the claims become known as ‘bankruptcy claims’. The rest of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section is concerned with: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

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