12,406 research outputs found

    The law of insurance contractsi n the People's Republic of China. Comparative analysis of policyholders' rights.

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    The implementation of China's economic reforms, beginning in the early 80's, and the formal establishment of a "Socialist Market Economy" in the following decade, stimulated substantial changes and improvements in the Insurance Laws and Regulations of the People's Republic of China (hereafter: PRC). The need for a modern and sophisticated legal framework aimed at regulating rights and remedies arising out of insurance contracts, as well as the insurance business in general, became clear and compelling as soon as the Communist State began its slow but inexorable retreat and it ceased to take care of every aspect of the life of the Chinese People. In the new socialist market context, the insurance contract is predestined to become the most important legal and economic tool available to those individuals who are not willing and/or able to bear the entirety of the risks associated with the implementation of the modern economic reforms. Against such backdrop, this paper is aimed at exploring the history of insurance in China as well as the framework of insurance laws and regulation enacted in the PRC during the recent years. In particular, the focus of this essay will be upon the legal principles and rules that currently govern insurance contracts and the relationship thereby established between the insurance company and the insured. Hence, the analysis of the legal protection of policyholders' rights and interests in China will center around the rules of insurance contracts interpretation, integration and performance at present in force. In light of the international nature of the contract of insurance, this paper will also offer a comparison of different approaches to policyholders' protection adopted in various legal systems belonging to both the common law and the civil law tradition.

    China and the Multilateral Investment Guarantee Agency

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    The Multilateral Investment Guarantee Agency (MIGA), established in 1988, is part of the World Bank Group. Its mandate is to promote foreign investment in its member countries by providing political risk insurance and technical assistance to promote investment. In developing this case study of China's evolving relationship with MIGA, the author asked: Why did China decide to seek membership in MIGA? What was the outcome of the relationship between China and MIGA? How has that relationship affected economic and legal reform in China and the country's integration with the multilateral investment insurance system? How can MIGA strengthen its role? And how can MIGA prevent potential claims to its portfolio in China? MIGA's comparative advantages are its international experience in underwriting and operating its portfolio, its neutral position and approach, its mediation and legal advice, and the fact that its guarantee portfolio is unaffected by bilateral relations. The author suggested that in China, MIGA should screen foreign direct investment (FDI), not just encourage it, because some FDI in China has been of poor quality, with little transfer of skills and technology. Some local partners have conceded too many discounts to foreign investors, without considering the cost of key assets such as land and machinery. Some foreign investors have taken advantage of local officials'eagerness for foreign capital, pressuring them to grant guarantees they should not grant and to allow unacceptable levels of environmental pollution in industry. China receives one-third of all FDI in developing countries. To continue attracting such investment, it must design a rule-based legal system governing FDI, making its rules and regulations more transparent, uniform, and consistent with international practice. As a neutral third party, MIGA could make policy recommendations that authorities might consider and accept -- such as policies designed to encourage less investment in labor-intensive firms and more in high-tech industries.International Terrorism&Counterterrorism,Legal Products,Fiscal&Monetary Policy,Payment Systems&Infrastructure,Environmental Economics&Policies,Environmental Economics&Policies,Legal Products,National Governance,Foreign Direct Investment,International Terrorism&Counterterrorism

    Backwards Into the Future

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    China, Emerging Economies, and the World Trade Center

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