Suchergebnisse

Defence date: 19 June 2009 ; Examining Board: Chia-Jui Cheng, Soochow University, Taiwan; Francesco Francioni, European University Institute; Ernst-Ulrich Petersmann, European University Institute (Supervisor); Werner Zdouc, World Trade Organization ; First made available online 15 March 2019 ; This thesis examines the constitutional significance of WTO memberships of China, Taiwan, Hong Kong, China and Macau, China and their contribution to judicial settlement of trade disputes. I firstly present the complexities of legal bases and accession histories of these four members, point to the need for a strengthened judicial protection in external trade areas, and then explain why a constitutional approach toward WTO law will contribute to judicial settlement of trade disputes and thus enhance peace and security among them. In this context, I analyze existent provisions pertaining to domestic judicial review under the WTO Agreement. I also examine the obligation to provide an independent and impartial judicial review as embodied in China's Accession Protocol by reference to global and regional standards on judicial independence and impartiality. I also explore its implication to Chinese judicial reform. In respect of Taiwan, I examine existent constitutional/legal regulatory regime on China trade policy and relevant jurisprudence. I also use a case study to illustrate how a constitutional approach to WTO law and an approach based on domestic administrative law lead to different answers. I then continue to examine existent trade settlement mechanisms at different levels. I start with trade disputes between China and Taiwan. I argue that third party participation offers a good alternative for them to interact with each other in the WTO Dispute Settlement Mechanism. Domestic judicial protection is insufficient and ineffective and needs strengthening. Given the direct transportation agreements signed in 2008, I also slightly touch upon the 'prompt negotiation' clause therein. In the case of China and Hong Kong, China and Macau, China, I conclude that there is a danger for the erosion of autonomy of these two special administrative regions from interference of the Central Authority through legislative interpretation. I also argue that these three members tend not to go for the WTO forum. In addition, the Closer Economic Partnership Arrangements should include a dispute settlement mechanism with higher degree of judicialization. Regarding Taiwan and Hong Kong, China and Macau, China, I argue that 'China factors' are of decisive importance. I then explain why the WTO forum is not preferable to these three members and why the private international law approach seems more appealing. All through this thesis, I emphasize on the importance of preserving and ensuring peace and security. A constitutional reading of their WTO memberships will help these four members to constitutionalize their external trade policy-making where judicial governance, particularly the WTO Dispute Settlement Mechanism, is underlined. Only through judicial settlement of trade disputes among these four members can the cross-strait perpetual peace be sustained.

More than a quarter of a million Muslims live and work in Hong Kong. Among them are descendants of families who have been in the city for generations, recent immigrants from around the world, and growing numbers of migrant workers. Islam in Hong Kong explores the lives of Muslims as ethnic and religious minorities in this unique post-colonial Chinese city. Drawing on interviews with Muslims of different origins, O'Connor builds a detailed picture of daily life through topical chapters on language, space, religious education, daily prayers, maintaining a halal diet in a Chinese environment, racism, and other subjects. Although the picture that emerges is complex and ambiguous, one striking conclusion is that Muslims in Hong Kong generally find acceptance as a community and do not consider themselves to be victimised because of their religion.

A new edition in one volume of Hugh Baker's celebrated three volumes of Ancestral Images originally published in 1979, 1980 and 1981. The 120 articles and photographs explore everyday life, customs and rituals in Hong Kong's rural New Territories. Each mouthful is complete in itself, but together the articles amount to a substantial feast. They investigate religion, food, language, history, festivals, family, strange happenings and clan warfare. The book documents much that can no longer be found. But it also provides an understanding of a world which has not yet entirely disappeared, and which still forms the background for life in modern, urban Hong Kong.

Under Action 14, countries have committed to implement a minimum standard to strengthen the effectiveness and efficiency of the mutual agreement procedure (MAP). The MAP is included in Article 25 of the OECD Model Tax Convention and commits countries to endeavour to resolve disputes related to the interpretation and application of tax treaties. The Action 14 Minimum Standard has been translated into specific terms of reference and a methodology for the peer review and monitoring process. The minimum standard is complemented by a set of best practices. The peer review process is conducted in two stages. Stage 1 assesses countries against the terms of reference of the minimum standard according to an agreed schedule of review. Stage 2 focuses on monitoring the follow-up of any recommendations resulting from jurisdictions' stage 1 peer review report. This report reflects the outcome of the stage 1 peer review of the implementation of the Action 14 Minimum Standard by Hong Kong, China.

Cross-cultural studies like the GLOBE project on effective leadership attributes have been widely explored in business organizations. However, little research has been done in the area of cross-cultural leadership development amongst secondary school students and its relation to perceived important leadership attributes by the students. Recognizing this gap, this study was devised to explore the leadership training that a sample of students in Hong Kong, China and Singapore have received and whether the leadership training activities reinforced or diminished the culture-specific leadership traits endorsed by their societies. This research employed a mixed methods design in which both qualitative and quantitative data were collected. Seven teachers and three students were selected for semi-structured interviews, while 122 students between the age of 16 and 19 from the three regions were invited to complete a questionnaire. The intensity of leadership training involvement of students from Hong Kong, China and Singapore was explored in the first part of this study. It was found that with more government support, Singapore had the most systematic leadership development programs for secondary students, followed by Hong Kong and China. Based on the comparison of 23 traits of effective leaders, the second part of this study revealed that students' perception of important traits of effective leaders aligned with those endorsed by their cultures. It was found that culture played a more definitive role than leadership training in influencing students' ideas of outstanding leaders. ; published_or_final_version ; Education ; Master ; Master of Education