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Article
Publication date: 8 June 2023

Lei Chen

This paper aims to unfold the intricate relations between private law design, the structure of organizations for collective action and cultural values and orientations that…

Abstract

Purpose

This paper aims to unfold the intricate relations between private law design, the structure of organizations for collective action and cultural values and orientations that practically guide interpersonal interactions in Chinese society.

Design/methodology/approach

Drawing upon the Hofstede Insights National Culture survey (The Culture Compass) data and some judicial rulings in China, this paper examines the legislative development and judicial approach to settle condominium disputes to explain and address the cultural orientation for future legal reform. This paper examines how the law reflects and responds to the cultural and social variations/interactions among the stakeholders, namely, local government, developers, homeowner associations, condo owners and property management agents.

Findings

Culture plays a significant role in shaping how condominiums are governed in China. This analysis can highlight the role of cultural factors that influence the success or failure of condominium governance and suggest ways in which governance structures can be adapted to reflect the legal culture of the community better. The emphasis on social harmony, respect for authority, relationships and networks and knowledge and expertise all contribute to a unique approach to condominium governance that reflects the values and priorities of Chinese society.

Originality/value

While much has been written on the importance of property rights to economic development, relatively little seems to be understood about processes of change in complex property systems, particularly in China, a socialist-transforming country. Specifically, there is a lack of reliable knowledge about the intricate relations between the structure of organizations for collective action and cultural orientations that practically guide interpersonal interactions in Chinese society. The question at the heart of this research relates to the condominium rules most suitable for an emerging Chinese private property market.

Details

Journal of Property, Planning and Environmental Law, vol. 16 no. 1
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 18 December 2023

Can Huang, Cong Cao and Wim Coreynen

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for…

Abstract

Purpose

Since 2015, China has made efforts to reform its intellectual property rights (IPR) system to better protect and stimulate innovation. These reforms are a result of the demand for more stringent intellectual property (IP) protection from China’s domestic, innovative industries and a measure to ease the pressure exerted by its foreign trading partners, particularly against the background of the US-China trade dispute that started at the beginning of 2018. This paper summarizes these reforms and their implications.

Design/methodology/approach

This paper combines a variety of sources, including academic articles, government websites, news reports, industry surveys and expert opinions, to offer insights in China’s IPR system and its recent reforms.

Findings

This paper summarizes and discusses (1) the state’s law amendments, including the 2015 amendment of the “Law on Promoting the Transformation of Scientific and Technological Achievements”, the second amendment of the “Anti-Unfair Competition Law” with regard to trade secret protection, the fourth amendment of the “Patent Law”, and the legislations and regulations addressing the criticisms of the US administration over China’s so-called “forced” technology transfer policies; (2) the establishment of the specialized IP courts and tribunals since 2014; (3) the restructuring of the State IP Office; and (4) the issuing of an “Outline for Building an IPR Powerhouse (2021–2035)”.

Originality/value

This paper highlights China’s efforts to make its IPR system stronger and more just. It also discusses international observers’ reactions and pinpoints specific areas for further improvement.

Details

Asia Pacific Journal of Innovation and Entrepreneurship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2071-1395

Keywords

Book part
Publication date: 23 November 2023

Christopher Sommer

This chapter examines changing attitudes towards exhibiting Chinese immigration in New Zealand. Drawing on archival research and qualitative interviews with subject experts and…

Abstract

This chapter examines changing attitudes towards exhibiting Chinese immigration in New Zealand. Drawing on archival research and qualitative interviews with subject experts and visitors, three museums are discussed: national narratives at the New Zealand Maritime Museum in Auckland and The Museum of New Zealand Te Papa Tongarewa in Wellington; and regional representations at the Toitū Otago Settlers Museum in Dunedin.

The exhibition analysis shows that multicultural narratives of tangata tiriti immigration including Chinese only became prevalent in the 1990s, when changing attitudes in society at large and progressive immigration legislation influenced strategies of display.

These modernised national narratives propagate a multicultural paradigm. However, exhibiting Chinese immigration history constitutes only a small part of the larger mission of national museums. Accordingly, narratives of Chinese immigration remain superficial, serving celebratory representations of ethnic communities, while racism and discrimination are an important, but not central aspect of these narratives.

At the regional level, Toitū re-invented itself into a social history museum with a more inclusive and reconciliatory agenda, with a redesign in 2013 subsuming Chinese immigration into an intercultural narrative, featuring alongside other minority groups with a focus on cultural contact and exchange.

Nevertheless, all three museums still rely on narratives based on minorities and majorities arranged around a stable hegemony. Consultation and cooperation with Māori also reveal the wish to be presented as first people, set apart from tangata tiriti. That way biculturalism seems to act as a dividing force spatially, but thematically both immigration histories are more and more intertwined.

Article
Publication date: 7 March 2022

Abdoulkadre Ado

This study focuses on the use of guanxi by African returnees from China in Africa. It explains how returnees understood and leveraged guanxi to collaborate with Chinese partners.

Abstract

Purpose

This study focuses on the use of guanxi by African returnees from China in Africa. It explains how returnees understood and leveraged guanxi to collaborate with Chinese partners.

Design/methodology/approach

This study uses semi-structured interviews to document how guanxi is increasingly extending beyond Chinese borders. It focuses on Ethiopia, Kenya and Tanzania and analyzes the returnees' mobilization of guanxi in Sino–African business contexts.

Findings

African returnees play an increasingly important role in guanxi internationalization in Africa. Returnees' understanding of guanxi is shaped by their African traditions and their Chinese experiences, creating their new cultural capital and a dynamic Sino–African business mindset.

Originality/value

This paper reveals an emerging shift in the business mindset among African returnees once initiated in guanxi. In addition, guanxi is increasingly practiced by African organizations.

Details

International Journal of Emerging Markets, vol. 18 no. 11
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 13 November 2023

Tareq Na’el Al-Tawil and Salam Abdallah

The purpose of this paper is to examine the nature of cyberbullying and corresponding strategies being used under the New United Arab Emirates (UAE) Cybercrimes Law.

Abstract

Purpose

The purpose of this paper is to examine the nature of cyberbullying and corresponding strategies being used under the New United Arab Emirates (UAE) Cybercrimes Law.

Design/methodology/approach

The analysis begins with a review of the nature of cyberbullying, focusing primarily on key concepts, underlying risk factors, forms of cyberbullying and adverse effects. Background information about the nature of cyberbullying will then lay the foundation for the subsequent sections of the analysis, which will focus on preventive strategies and legislative measures. The second section of the analysis will entail a review of the legislative framework for cyberbullying in the UAE. The goal here is to examine how the UAE is responding to the emerging threat of cyberbullying in its jurisdiction. The next section will then shift gears to interventions and strategies being implemented at the global level. A global perspective is central to comparing practices in the UAE to international standards and regulations.

Findings

Findings from the analysis have shown that the UAE has the most robust and comprehensive cyberbullying laws internationally. Nonetheless, the New Cybercrimes Law is ambiguous, and it is not expressively specific to cyberbullying. The law does not have a clear definition of cyberbullying, as well as the scope of its application to specific cases involving students. A comparative analysis across jurisdictions has revealed that most countries neither have specific cyberbullying laws nor explicitly define the phenomenon in existing laws. Thus, cyberbullying is a gray area in the UAE national law, requiring a clear definition and scope of application. The courts will establish case law that will finally address the current definitional challenges and extend of applying the New Cybercrimes Law.

Originality/value

The analysis concludes with the application of international best standards and practices to the UAE context, focusing specifically on how to strengthen laws and procedures in the UAE.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 28 June 2023

Stephanie Garibaldi and Felicity Deane

The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade…

Abstract

Purpose

The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade organization (WTO) rules.

Design/methodology/approach

This paper is a desktop study of international trade laws with a specific focus on the convergence of cybersecurity measures and the national security exception provisions of the WTO.

Findings

The trends towards cybersecurity measures may mean there will inevitably be an evolution of trade norms. The question is, will the collective of the WTO be a part of the evolution, or merely an observer? In the authors’ view, it is crucial that it is the former.

Originality/value

This study makes three contributions. It provides a literature review and discussion on cybersecurity and the impact on trade. It demonstrates that the national security exception provision will not excuse these measures, and it aims to underscore the importance of the WTO as a community of nations where negotiation on important global issues is possible.

Details

Journal of International Trade Law and Policy, vol. 22 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 14 April 2023

Yanghui Liu, Jeff Zeyun Chen, Wuchun Chi and Xiaohai Long

This paper aims to investigate the relation between audit firms’ switch to limited liability partnership (LLP) from limited liability company (LLC) and client firms’ earnings…

Abstract

Purpose

This paper aims to investigate the relation between audit firms’ switch to limited liability partnership (LLP) from limited liability company (LLC) and client firms’ earnings comparability. If LLP auditors, who have a higher liability exposure than LLC auditors, are more consistent in implementing generally accepted accounting principles and executing firm-wide audit methodologies, client firms’ earnings comparability will increase.

Design/methodology/approach

Using data from China, the authors examine whether client firm-pairs of LLP auditors have higher earnings comparability than client firm-pairs of LLC auditors. The authors also perform cross-sectional tests to shed light on the mechanisms through which auditors’ litigation exposure affects client firms’ comparability.

Findings

The authors find that firm-pairs in which both firms are audited by LLP auditors exhibit higher earnings comparability than other firm-pairs. This result is stronger when client firms are audited by the same auditor, when client firms are audited by the top 10 auditors and when the auditors are less dependent on the client firms. The authors also document that firm-pairs in which both firms are audited by LLP auditors have lower average analyst earnings forecast error and forecast dispersion.

Originality/value

To the best of the author’s knowledge, this study is the first to examine the relation between auditor’s litigation exposure and client firms’ earnings comparability. It also extends the literature on audit firm organizational form and audit quality.

Details

Managerial Auditing Journal, vol. 38 no. 5
Type: Research Article
ISSN: 0268-6902

Keywords

Article
Publication date: 22 January 2024

Veltrice Tan

This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.

Abstract

Purpose

This paper aims to determine the adaptability of China’s legal system in recognizing and enforcing foreign judgements in China.

Design/methodology/approach

Academic articles, case law and books are examined as are relevant reports by various regulatory authorities and organizations.

Findings

Historically, Chinese courts have strictly adhered to “de facto reciprocity”, which made it difficult for foreign judgements to be recognized and enforced in China. Fortunately, Chinese courts have since abandoned their rigid adherence to de facto reciprocity, and have instead, used flexible tests of reciprocity such as de jure reciprocity, reciprocal commitment and reciprocal understand/consensus. Accordingly, this would facilitate the recovery of stolen assets, as there is a lower threshold for the recognition and enforcement of a foreign judgement.

Research limitations/implications

There are limited data available in relation to the recognition and enforcement of foreign judgements pertaining to the recovery of stolen assets. Any discussions within this paper are based on the impressionistic observations of this author, which may not reflect the true state of affairs within the Belt and Road Initiative.

Practical implications

Those who are interested in examining the viability in recognizing and enforcing foreign judgements relating to stolen assets will have an interest in this topic.

Originality/value

The value of the paper is to demonstrate the difficulties in recognizing and enforcing foreign judgements in China in relation to stolen assets.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

Open Access
Article
Publication date: 30 August 2022

Elyas Abdulahi Mohamued, Muhammad Asif Khan, Natanya Meyer, József Popp and Judit Oláh

This study aims to analyse the efficiency effects of institutional distance on Chinese outward foreign direct investment (FDI) in Africa.

1158

Abstract

Purpose

This study aims to analyse the efficiency effects of institutional distance on Chinese outward foreign direct investment (FDI) in Africa.

Design/methodology/approach

The study utilised the true fixed-effect stochastic frontier analysis (SFA) model. Data from 2003 to 2016 (14 years) were acquired from 42 targeted African countries, which are included in the analysis.

Findings

The results reveal that FDI flow efficiency can be maximised with a high institutional distance between China and African countries. Contrariwise, comparable institutional distance, measured by the rule of law, regulatory quality and government effectiveness between the host and home countries, reflected a significant positive impact for Chinese outward foreign direct investment (OFDIs), indicating Chinese MNEs can invest directly in a country with comparable institutional characteristics.

Originality/value

There have been limited exceptional studies that assessed the effect of institutional distance between emerging countries. However, none of these studies investigated the effect of institutional distance between China and Africa at a national level. Using the advantage of the SFA model, this study assesses the efficiency effects of institutional distance between the host and home country.

Details

International Journal of Emerging Markets, vol. 19 no. 3
Type: Research Article
ISSN: 1746-8809

Keywords

Article
Publication date: 25 July 2023

Junkai Wang, Baolei Qi and Yaoxiang Nie

With increasing environmental issue and problems, this study aims to explore how the female directors' foreign experience and corporate green commitment in emerging economics like…

Abstract

Purpose

With increasing environmental issue and problems, this study aims to explore how the female directors' foreign experience and corporate green commitment in emerging economics like China from 2008 to 2020.

Design/methodology/approach

The authors draw data of all ‘A’ share listed firms listed on Shanghai and Shenzhen stock exchanges from 2008 to 2020 from the renowned Chinese database China Stock Market and Accounting Research (CSMAR). The study's data collection start from 2008, because data about green commitment are not available on CSMAR before 2008 and final year is 2020 because data about green commitment is available at the time of data collection. After dropping observations with missing data, the study's final sample contains 20,255 firm year-observations. Finally, in accordance with prior studies, the authors classified enterprises according to the “China Securities and Regulatory Commission” (2012) to categorize firms.

Findings

The authors find that female directors' foreign experience enhances the green commitment in Chinese listed companies. In additional analysis, the authors find this relationship is more pronounced when one or more foreign directors. The study's findings are robustness to different economic techniques and alternative measure of dependent variables and endogeneity concerns. Overall, the study's findings show that female directors with foreign experience transmit environmental and sustainable knowledge and practices to Chinese companies.

Originality/value

First, the authors believe that this is the first study to analyze the impact of the overseas experience of female directors on corporate green commitment. Most previous studies have examined the influence of the presence of female directors or different attributes such as age, education and independence of female directors on board decisions, in order to protect the interests of multiple stakeholders (Elmagrhi et al., 2019; He and Jiang, 2019; McGuinness et al., 2017). This study finds that, in addition to other different attributes, the foreign experience of female directors also has a significant role in promoting corporate green commitment. By pushing corporate green commitment, these women directors leverage their experience in advanced economies abroad to add to the Chinese government's environmental and sustainability goal of achieving net zero carbon by 2060. As such, this is one of the first studies to highlight the experiences of female directors in transferring environmental and sustainability practices to Chinese companies. Second, the authors add to the literature by integrating two important board perspectives, such as gender diversity and the impact of foreign experience on corporate green commitment. Previous research has explored the presence or absence of female directors on board or foreign experience. However, this study adds to the literature by introducing important attributes of the influence of female directors' foreign experience on decision making. Third, this study provides evidence on the impact of foreign independent directors on the board. The authors document foreign independent directors enhance the relationship between female directors' foreign experience and corporate green commitment. The study's findings complement previous research by Liang and Renneboog (2017), showing that female directors with foreign experience transfer advanced levels of environmental and sustainable practice knowledge to Chinese companies.

Details

Employee Relations: The International Journal, vol. 45 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

1 – 10 of over 4000