In Brief

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The Supreme People’s Court’s issuance of 26 new Guiding Cases, China’s de facto binding precedents, during the last few weeks of 2022 brought the total number of these cases issued in the entire year to 33, a record-high number that has only been matched in 2019. A comparison of Guiding Cases released before and after 2019 shows positive developments and, as explained in this article, gives optimism for 2023.Read more

SinoForum&Foresight

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Core Climate was launched by Hong Kong Exchanges and Clearing Limited in October 2022. How can Hong Kong, a special administrative region of China, leverage Core Climate to assist the country’s Greater Bay Area and other regions to accomplish their climate goals? Will Core Climate be able to help Hong Kong become a leader in sustainable finance in Asia?Read more

In Brief

Last Sunday, Dr. Mei Gechlik delivered a keynote speech titled Zhejiang, Case Guidance, and China’s Global Economic Development at a conference held in Hangzhou, Zhejiang Province. The speech turned out to be timely as on the same day, a Chinese Communist Party leader visited Alibaba, the e-commerce giant headquartered in Zhejiang. The visit not only marked the first of this type since Alibaba faced serious regulatory investigations, but also occurred only two days after President Xi Jinping chaired the country’s economic working conference, at which China’s “platform enterprises” (e.g., Alibaba) were called upon to “show their talents in leading [the country’s] development, job creation, and international competition”.Read more

In Brief

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U.S. President Joe Biden’s recent meeting with Chinese President XI Jinping has eased the growing tension between the two countries, giving rise to hope that the difficult Taiwan issue will be unlikely to trigger conflict in the near future. This development is in line with the mainstream stance taken by people in Taiwan. The majority of respondents to surveys conducted from 1994 to 2022 have expressed their wish to see Taiwan (a) maintain the status quo and then decide the future at a later date; or (b) maintain the status quo indefinitely. What does this signal to leaders in Beijing? What can be done in the interim?Read more

In Brief

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The race to have a platform through which many countries can use their central bank digital currencies (“CBDCs”) to safely, efficiently, and inexpensively settle cross-border deals has drawn even more attention after China and three other jurisdictions recently announced their success in testing their blockchain-powered platform, mBridge. What are China’s expectations for mBridge? Will the success of mBridge drive other countries, including the United States, to seriously consider their own CBDC plans?Read more

In Brief

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China’s draft rules on online small loan business drew worldwide attention in late 2020 when the regulatory requirements therein were believed to have caused Ant Group’s IPO setback. Will China’s prioritized development of rural areas speed up the adoption of the draft rules, the explicit function of which is to serve, inter alia, “farmers”? Will current restrictions on foreign investment in this area be lifted?Read more

In Brief

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China has set a goal to construct “digital China” by, inter alia, “accelerating the construction of a digital economy, a digital society, and a digital government”. The role of China’s “digital government” in these digital initiatives was not clear until a significant document on the topic was issued in June 2022. The document further provides a glimpse of the direction that the new Chinese leadership will likely continue when they are at the helm after the conclusion of the forthcoming Chinese Communist Party’s 20th National Congress.Read more

SinoForum&Foresight

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China and Israel have reportedly accelerated negotiations on their long-anticipated free trade agreement (“FTA”), raising hopes that the FTA may come to fruition by the end of 2022 to mark the 30th anniversary of the two countries’ relations. What lessons can be learned from the decade-long activity of Chinese multinational corporations specializing in infrastructure projects in the Israeli market?Read more

In Brief

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Following the release of an ambitious Metaverse action plan, Shanghai took the lead to pass a regulation on the promotion of the city’s artificial intelligence industries. Will the regulation, together with China’s foreign investment catalogue, drive more capital and talent to this prominent Chinese city?Read more

In Brief

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Since late 2021, China has been pushing the development of the Metaverse and expressing its keen interest in joining the Digital Economy Partnership Agreement, which was signed by Chile, New Zealand, and Singapore in June 2020. These efforts and their latest developments, together with President XI Jinping’s current visit to Central Asia, help show China’s strategic preparations for the future.Read more

In Brief

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The coming into effect of the Measures for the Security Assessment of Outbound Data Transfers (the “Measures”) on September 1 is expected to trigger a series of security assessments conducted by the Cyberspace Administration of China (the “CAC”). Any “data processor” planning to transfer to another country “important data” collected and generated inside China is required to pass the CAC’s security assessment. If the CAC decides against the data processor, can the CAC’s decision be challenged in court? Read more

In Brief

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Despite various economic challenges facing China, the country’s cross-border e-commerce stands out to show rapid growth. The seeds of this growth were, however, not planted erratically as a response to economic woes associated with the COVID-19 pandemic. Understanding how this type of commerce has gained governmental support and what latest measures have been taken to resolve related disputes helps businesses seeking to sell globally seize potentially lucrative opportunities.Read more

In Brief

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Understanding China’s preparation for the future helps us see more clearly where China stands today. One such preparation is the country’s quest for homegrown disruptive technologies. What disruptive technologies does China want to develop domestically? How has China conducted this quest? What are the results so far and related implications? Read more

In Brief

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Recent rulings of the U.S. Supreme Court on issues concerning abortion and firearm regulation have drawn worldwide attention. Interestingly, on the other side of the globe, a decision by China’s national legislature that a local regulation was inconsistent with the country’s constitution (thereby triggering an amendment to the local regulation) has gone almost unnoticed. What was the decision about? How was it made? How can such an exemplary instance illustrating the constitutional review of Chinese legislation be better known and used to produce more positive impact? Read more

In Brief

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China’s release of a Typical Case showcasing how courts in Shanghai recognized and enforced a foreign arbitral award by a special reading of the factual situation involved may help instill more confidence in foreign parties amid China’s efforts to revive its economy. How was this breakthrough ruling made? What are the implications of the ruling?Read more

U.S.–China Relations, Climate Change, and Biodiversity Loss

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In his recent speech, U.S. Secretary of State Antony Blinken clearly stated that China is “integral” to the United States’s ability to solve the climate crisis. He urged China to join the United States in “accelerating the pace” of their shared efforts. Ecosystems with healthy populations of native plants and animals help address climate challenges. Yet many ecosystems have been adversely affected by the loss of biodiversity. How does China tackle this loss?Read more

Guiding Case 177

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In December 2021, the Supreme People’s Court of China released Guiding Case No. 177. The Guiding Case illustrates how China performs its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora to protect marine biodiversity.Read more

In Brief

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Three decades ago, China’s decision to develop a “socialist market economy” helped bolster foreign investors’ confidence. Today, if China shows similar determination to bring about positive changes in crucial areas, foreign investors will have strong reasons for feeling optimistic about the Chinese market. One crucial area is the regulation of China’s stock market. China does have regulatory tools to combat irregularities in the stock market. Have these tools been used well? Read more

In Brief

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Amid foreign businesses’ growing concerns about COVID restrictions, China’s five-year intellectual property plan may help instill confidence. If implemented well, the plan will help China establish a strong intellectual property protection mechanism that will facilitate the country’s post-COVID economic recovery. How can the plan be implemented well?Read more

In Brief

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Lightspring (Shutterstock.com)

Justice delayed is justice denied. The prompt delivery of judgments is particularly important in cases involving infringement of intellectual property rights, where holders of these rights need to minimize their losses by stopping the infringement swiftly. China does offer a solution. How does it work? Read more