Browsing by Subject "China"
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(2022)The anonymity of virtual currency allows for its misuse for criminal purposes. Of particular concern are transnational organized crime users of virtual currency platforms. The global regulatory response to virtual currency has been disparate, far from uniform, and until recently, fairly muted. In 2018, the European Union integrated virtual currency into a robust anti-money laundering legal regime by requiring the registration of all EU-based virtual currency providers to comply with the rules of the Fifth Anti-Money Laundering Directive. The United States has a messier, but equally stringent approach to virtual currency. However, American regulators struggle with fifty state courts issuing wildly varied interpretations, while virtual currency companies meet different conditions for licensing, described as ‘Frankenfinance’ or full of absurd contradictions and incongruities. China took an altogether different approach as it banned all cryptocurrencies in order for the People’s Bank of China to pave way for the introduction of its own cryptocurrency, the digital yuan. This decision was made after recent high profile security breaches, including thefts and fraud, warned the Chinese regulator of increasing risk to the financial market. The responses of these three jurisdictions demonstrate the different ways that regulators have begun to define and limit the use of virtual currency. Permissive and contentious regulators in the EU and the United States are normalizing the trade of virtual currencies if it complies with international anti-money laundering rules. However, the hostile Chinese approach suggests that this Western regulatory approach may not meet the demands of every global jurisdiction. This paper uses a vertical and horizontal comparative approach to identify both legal definitions and approaches to virtual currency regulation to answer the research question: is the harmonization of virtual currency regulation desirable, or even possible?
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(2020)This Master thesis belongs to the project of the HELSUS Co-creation Lab. The project topic is about the circular economy and the challenge given by a HELSUS partner UPM-Kymmene Corporation to find opportunities for the circular economy business model from a legal perspective. As an international forest industry company, UPM has developed innovative ways to reduce its waste and to reuse its side in new products, and to use resources sustainably. Circular economy principles already applied in UPM, and develop and implement the technology and innovation of using wood in various new products. However, UPM wants to know what challenges and possibilities the regulations pose in creating new circular business opportunities? At the same time, this thesis chooses Germany and China for comparative research. Both countries have promulgated special circular economy legislation, established the 3R principles of reduce, reuse and recycle, stipulated extended producer responsibility systems, established waste recycling systems, and so on, aim to promote waste treatment and resource recycling legal system. However, the circular economy legal system of these two countries have apparent differences in legislative models, legislative purposes, and institutional arrangements. So, there are two purposes for writing this essay. First, explaining the historical evolution of the circular economy legal system in Germany and China, the objective is to understand the historical evolution of the circular economy law in two counties. Second, evaluative whether they are under circular economic aims in comparative research, the purpose of the comparison is not to determine which country's laws are more suitable for creating new business opportunities. It is to find out the challenges and possibilities of creating new circular business opportunities for UPM. Therefore, the research question is about: What are the challenges and possibilities of creating new business opportunities for UPM when compares the circular economy legal system between Germany and China?
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(2024)With the expansion of globalization and its impact on labour markets across the globe, which has put workers in a more vulnerable position, the ILO's legislative efforts aim to consolidate labour rights into international standards. In this thesis, we examine the challenges involved in the ratification of ILO Conventions, particularly No. 87 and No. 98 on collective labour rights by China and India, in their distinct legal, political, and economic contexts. The study critically compares the national frameworks and real-world practices in these two countries with the rights enshrined in ILO conventions. The thesis begins with an overview of the legislative frameworks that govern collective labour rights internationally. Then, it evaluates China and India’s stance regarding the ratification of these conventions, highlighting the strong political and economic reasons that influence their stance, labour laws, and practices. For instance, the political nature of trade unions in India and the dominant role of the government and centralized trade union system in China. The thesis includes an overview of the barriers that hinder the ratification of these conventions or, otherwise, the effective implementation of freedom of association, collective bargaining, and the right to strike in both countries, such as the differences between legislation and its enforcement and how economic priorities affect workers' rights. Finally, the thesis emphasizes the need for ongoing international dialogue and cooperation between countries and the ILO, as well as clear and inclusive legal reforms in each country based on the recognized challenges and barriers, in a way that balances their national interests with international labour standards to ensure a fair and just future for workers in the global economy.
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(2021)This thesis focuses on the choice of law rules in a transnational employment contract. The research object is the new law published in China in 2010, which will be provided an observation on the law content, empirical research on the implementation and practical issues in China, and a comparative study of the rules in the EU to provide potential helpful suggestions on improving the choice of law rules in China. In the disputes arising from the employment relationship which has foreign factors, e.g., foreign employers, foreign workers, posting workers overseas, etc., the applied law to the case is one significant issue in the field of private international law. Such rules in China were not unified in law until the establishment of the Law of the PRC on the Laws Applicable to Foreign-related Civil Relations (LAL). However, the empirical research shows that although the transnational employment contract disputes in China increase in the last decade, the implementation of LAL still meets obstacles from the courts’ lack of attention to the foreign-related factors, poor knowledge of using LAL appropriately, etc. Besides, the flaws of law content, e.g., obscure terms, no specific distinguishment from the collective agreements, controversial understanding of mandatory provisions, lack of party autonomy and practical use of closest connection principle, etc., lead to academic concerns. With a comparison of such rules in the EU, some suggestions are provided, for example, allowing the party’s choice, which could be limited by introducing objectively applicable law; clarifying the obscure terms, e.g., working place, business place, etc.; putting the closest connection principle in a practically useful position; etc. However, due to the current obstacles, some suggestions may not be accepted currently. Besides, with many important external factors, e.g., the impact by the new PRC Civil Code, the One Belt One Road Initiative, the Covid-19, etc., the improvement of the choice of law rules in China is necessary and would meet more challenges in the future.
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