This inquiry sought to find out the challenges and initiatives of the Local Governments in the province of Bukidnon in addressing issues on child labor in the agriculture sector. The data were gathered through a structured survey questionnaire to determine the profile of households whose children are engaged in child labor, including the child’s reason for entering into work and working condition that may affect their physical, intellectual and social development. The key informants were also interviewed to determine the challenges encountered and initiatives done by the local government to minimize or even make their locale child labor free. The study utilized quantitative and qualitative method to analyze the data. The study revealed that despite the effort done by the government, there are still a significant number of children that are involved in child labor. The primary reason why children entered into work is to supplement the income of the household head that are insufficient to support the family. Although, the program and strategies on child labor adapted from the international framework may have slightly decreased the number of working children but it did not ensure long-term outcomes. The insufficient budget that resulted in the inefficiency of local implementation showed that the national government failed to prioritize in addressing the issue. For the government to provide long term and sustainable outcomes, it is crucial to review the child labor policies and set-up child-centered programs that promote the rights and well-being of working children.
{"title":"Curbing Agricultural Child Labor: Challenges and Initiatives of the Local Government in the Province of Bukidnon","authors":"Grace O. Galache, Niño Tulang","doi":"10.2139/ssrn.3497268","DOIUrl":"https://doi.org/10.2139/ssrn.3497268","url":null,"abstract":"This inquiry sought to find out the challenges and initiatives of the Local Governments in the province of Bukidnon in addressing issues on child labor in the agriculture sector. The data were gathered through a structured survey questionnaire to determine the profile of households whose children are engaged in child labor, including the child’s reason for entering into work and working condition that may affect their physical, intellectual and social development. The key informants were also interviewed to determine the challenges encountered and initiatives done by the local government to minimize or even make their locale child labor free. The study utilized quantitative and qualitative method to analyze the data. The study revealed that despite the effort done by the government, there are still a significant number of children that are involved in child labor. The primary reason why children entered into work is to supplement the income of the household head that are insufficient to support the family. Although, the program and strategies on child labor adapted from the international framework may have slightly decreased the number of working children but it did not ensure long-term outcomes. The insufficient budget that resulted in the inefficiency of local implementation showed that the national government failed to prioritize in addressing the issue. For the government to provide long term and sustainable outcomes, it is crucial to review the child labor policies and set-up child-centered programs that promote the rights and well-being of working children.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120926588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Satyaki Chakravarty, S. Gangopadhyay, Taylan Mavruk
China and India reported highest growth in high-tech exports for the past two decades (World Bank) and hence are increasingly becoming the countries to file for protection of intellectual property. This paper examines whether there is a delay in time to grant of a patent when applied by domestic versus foreign applicants in China and India. A delay in time to grant on the basis of nationality violates the TRIPs agreement. Further, delay in grant of a patent generates dead-weight loss for the society, hence effectively deterring future innovation. The results show that China delays foreign patents, however India does exactly the opposite, indicating that there is a significant variation in patent examination times across applicant characteristics, technology fields and countries. Thus invisible trade barriers do exist in these markets. Applicants can use the details in this paper and plan their filing strategies, e.g. taking into account average grant lag.
{"title":"Patents' Time to Grant - A Study of China and India","authors":"Satyaki Chakravarty, S. Gangopadhyay, Taylan Mavruk","doi":"10.2139/ssrn.3403293","DOIUrl":"https://doi.org/10.2139/ssrn.3403293","url":null,"abstract":"China and India reported highest growth in high-tech exports for the past two decades (World Bank) and hence are increasingly becoming the countries to file for protection of intellectual property. This paper examines whether there is a delay in time to grant of a patent when applied by domestic versus foreign applicants in China and India. A delay in time to grant on the basis of nationality violates the TRIPs agreement. Further, delay in grant of a patent generates dead-weight loss for the society, hence effectively deterring future innovation. The results show that China delays foreign patents, however India does exactly the opposite, indicating that there is a significant variation in patent examination times across applicant characteristics, technology fields and countries. Thus invisible trade barriers do exist in these markets. Applicants can use the details in this paper and plan their filing strategies, e.g. taking into account average grant lag.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126692792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-05-20DOI: 10.35611/jkt.2019.23.3.68
Seok-Beom Choi
Purpose – The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law.
Design/methodology – The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model.
Findings – The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules.
Originality/value – The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.
{"title":"Compliance of Electronic Bill of Lading Regulation in Korea with Model Law on Electronic Transferable Records","authors":"Seok-Beom Choi","doi":"10.35611/jkt.2019.23.3.68","DOIUrl":"https://doi.org/10.35611/jkt.2019.23.3.68","url":null,"abstract":"Purpose – The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law.<br><br>Design/methodology – The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model.<br><br>Findings – The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules.<br><br>Originality/value – The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122994239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study provides empirical evidence on the labor market effects of public health insurance using evidence from China. In 2007, China launched a national public health insurance program, Urban Resident Basic Medical Insurance (URBMI), targeting residents in urban areas who were not insured by employment-based health insurance. Using panel data from the China Health and Nutrition Survey, I identify the impacts of the program based on its staggered implementation across cities. I find that URBMI did not have a significant average causal effect on labor force participation. However, it did increase employment mobility, as evidenced by the decrease in long-term employment and expansion of fixed-term contract jobs and self-employment. After the program was implemented, job lock declined and job flexibility increased, especially among women, the less educated, and individuals with good health status. The results also suggest increased employment for unhealthy workers, indicating a direct health improvement effect.
{"title":"Public Health Insurance and the Labor Market: Evidence from China's Urban Resident Basic Medical Insurance","authors":"Wei Si","doi":"10.2139/ssrn.3385987","DOIUrl":"https://doi.org/10.2139/ssrn.3385987","url":null,"abstract":"This study provides empirical evidence on the labor market effects of public health insurance using evidence from China. In 2007, China launched a national public health insurance program, Urban Resident Basic Medical Insurance (URBMI), targeting residents in urban areas who were not insured by employment-based health insurance. Using panel data from the China Health and Nutrition Survey, I identify the impacts of the program based on its staggered implementation across cities. I find that URBMI did not have a significant average causal effect on labor force participation. However, it did increase employment mobility, as evidenced by the decrease in long-term employment and expansion of fixed-term contract jobs and self-employment. After the program was implemented, job lock declined and job flexibility increased, especially among women, the less educated, and individuals with good health status. The results also suggest increased employment for unhealthy workers, indicating a direct health improvement effect.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127046817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Because China has become one of the largest applicants of PCT patents, it is of interest to compare the quality of Chinese and non-Chinese applications. We extend a quality index based on internationally comparable citation data from international search reports (ISR) to consider foreign, domestic, and self citations. Whereas foreign citations show that Chinese PCT patent applications reach only a third of the non-Chinese quality benchmark, the extension towards domestic and self citations suggests a higher quality level that converges to or even surpasses the benchmark. We investigate these differences based on firm-level regressions and find that in China, only foreign citations, but not domestic and self citations, have a significant and positive relation to R&D stocks. Using Germany as a representative country without policy support for patenting, we show that all three citations types may be used as economic indicators if policy distortion is not a concern. Our results show that domestic and self citations suffer from an upward bias in China and should be employed with caution if they are to be interpreted as a measure of patent quality.
{"title":"Measuring China’s Patent Quality: Development and Validation of ISR Indices","authors":"P. Boeing, Elisabeth F. Mueller","doi":"10.2139/ssrn.3383937","DOIUrl":"https://doi.org/10.2139/ssrn.3383937","url":null,"abstract":"Because China has become one of the largest applicants of PCT patents, it is of interest to compare the quality of Chinese and non-Chinese applications. We extend a quality index based on internationally comparable citation data from international search reports (ISR) to consider foreign, domestic, and self citations. Whereas foreign citations show that Chinese PCT patent applications reach only a third of the non-Chinese quality benchmark, the extension towards domestic and self citations suggests a higher quality level that converges to or even surpasses the benchmark. We investigate these differences based on firm-level regressions and find that in China, only foreign citations, but not domestic and self citations, have a significant and positive relation to R&D stocks. Using Germany as a representative country without policy support for patenting, we show that all three citations types may be used as economic indicators if policy distortion is not a concern. Our results show that domestic and self citations suffer from an upward bias in China and should be employed with caution if they are to be interpreted as a measure of patent quality.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122008769","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Legitimacy of international investment law is in crisis. One particular area of international investment law that has been progressively re-developed is the area of investment dispute settlement. The EU sees the multilateral investment court as a proper solution to reform ISDS in the future. To achieve this final goal, starting from the bilateral level, the EU has included investment court provisions as an ISDS mechanism in its latest trade and investment agreement with its trading partners, among others, EU-Viet Nam FTA and IPA, as well as EU-Singapore FTA & IPA. This paper addresses central questions on how could existing investment court system in EU and ASEAN member states’ Investment Protection Agreements (IPA) can be expanded towards multilateral investment court in the future, and what are the challenges that can be expected from such expansion. It critically analyses concluded agreements between the EU and some of ASEAN Member States. I argue that for now, it is unlikely that multilateral investment court expansion will happen soon considering the challenges and concerns expressed by both sides.
{"title":"Achieving Multilateral Investment Court through EU-ASEAN Expansion of Bilateral Investment Court: Is It Possible?","authors":"Rizky Banyualam Permana","doi":"10.2139/ssrn.3375604","DOIUrl":"https://doi.org/10.2139/ssrn.3375604","url":null,"abstract":"Legitimacy of international investment law is in crisis. One particular area of international investment law that has been progressively re-developed is the area of investment dispute settlement. The EU sees the multilateral investment court as a proper solution to reform ISDS in the future. To achieve this final goal, starting from the bilateral level, the EU has included investment court provisions as an ISDS mechanism in its latest trade and investment agreement with its trading partners, among others, EU-Viet Nam FTA and IPA, as well as EU-Singapore FTA & IPA. This paper addresses central questions on how could existing investment court system in EU and ASEAN member states’ Investment Protection Agreements (IPA) can be expanded towards multilateral investment court in the future, and what are the challenges that can be expected from such expansion. It critically analyses concluded agreements between the EU and some of ASEAN Member States. I argue that for now, it is unlikely that multilateral investment court expansion will happen soon considering the challenges and concerns expressed by both sides.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121306082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
China has a closer business relationship with Southeast Asian countries under the Belt and Road Initiative (BRI). To ensure tax certainty for the investment, it is necessary to establish an effective and efficient tax dispute resolution mechanism. The mutual agreement procedure (MAP) is the primary means, but it has its limitations, especially for countries in this region. Arbitration could be a powerful complementary to the MAP. China has established a new BRI Court-connected and Mediation Centre (Centre) that aims to resolve commercial disputes in this region. It seems like a new alternative for resolving tax disputes since it combines mediation with arbitration. This article analyzes the pros and cons of adopting arbitration as a complementary means to the MAP in this region. It further discusses the advantages and concerns for the Centre. Although the Centre encourages using mediation to resolve disputes, which could address problems of direct arbitration, it is difficult to maintain impartiality from its current rough rules and its position. This article makes suggestions on improving the mechanism to guarantee the impartiality by selecting mediators and arbitrators with knowledge of the region, endowing disputants the right to appeal, and increasing transparency.
{"title":"A Step Forward for Tax Dispute Resolution between China and ASEAN Countries under the Belt and Road Initiative","authors":"Xu Diheng","doi":"10.2139/SSRN.3349398","DOIUrl":"https://doi.org/10.2139/SSRN.3349398","url":null,"abstract":"China has a closer business relationship with Southeast Asian countries under the Belt and Road Initiative (BRI). To ensure tax certainty for the investment, it is necessary to establish an effective and efficient tax dispute resolution mechanism. The mutual agreement procedure (MAP) is the primary means, but it has its limitations, especially for countries in this region. Arbitration could be a powerful complementary to the MAP. China has established a new BRI Court-connected and Mediation Centre (Centre) that aims to resolve commercial disputes in this region. It seems like a new alternative for resolving tax disputes since it combines mediation with arbitration. This article analyzes the pros and cons of adopting arbitration as a complementary means to the MAP in this region. It further discusses the advantages and concerns for the Centre. Although the Centre encourages using mediation to resolve disputes, which could address problems of direct arbitration, it is difficult to maintain impartiality from its current rough rules and its position. This article makes suggestions on improving the mechanism to guarantee the impartiality by selecting mediators and arbitrators with knowledge of the region, endowing disputants the right to appeal, and increasing transparency.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129724143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To enter management deadlock is certainly a misfortune for a corporation, especially for a highly profitable one. Deadlock not only influences the daily operation of a business but will eventually cause great economic loss to it. Delaware corporate law provides several mechanisms including appointing a custodian and a provisional director to solve this dysfunction. On the contrary, there are not many choices available to a Chinese company in deadlock. The only judicial remedy provided to Chinese companies experiencing is judicial dissolution. This article reviews the mechanism of appointing a custodian and a provisional director for a close corporation under Delaware General Corporation Law and discusses the feasibility of transferring them to Chinese corporate law.
{"title":"How Could the Mechanism of Appointing a Custodian or a Provisional Director Help Solving Corporate Deadlock in China?","authors":"Zichao Wang","doi":"10.2139/ssrn.3397917","DOIUrl":"https://doi.org/10.2139/ssrn.3397917","url":null,"abstract":"To enter management deadlock is certainly a misfortune for a corporation, especially for a highly profitable one. Deadlock not only influences the daily operation of a business but will eventually cause great economic loss to it. Delaware corporate law provides several mechanisms including appointing a custodian and a provisional director to solve this dysfunction. On the contrary, there are not many choices available to a Chinese company in deadlock. The only judicial remedy provided to Chinese companies experiencing is judicial dissolution. This article reviews the mechanism of appointing a custodian and a provisional director for a close corporation under Delaware General Corporation Law and discusses the feasibility of transferring them to Chinese corporate law.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133688561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the external and organizational factors behind the coalition dynamics of two labour unions representing a different mix of employment contract types – temporary and permanent – that led the 2007 Irregular Workers Movement in South Korea. Drawing on semi-structured interview, video, newspapers and internal document data, we find that while political opportunities drove the two unions to come together, broad alliances formed around the coalition on the issue of job security of irregular workers marginalized the union with predominantly regular workers. Organizational differences that seemed complementary at first hindered a collective identity from forming and became a source of resentment as strikes continued on. Varying progression of negotiations not only reduced the benefits of claims coordination and collective action but also invoked otherness among them. Lack of trust and recognition did not allow for even a loose cooperative differentiation relation.
{"title":"When Coalition Falls Apart: Case of Solidarity Building of Two Unions","authors":"Baran Han","doi":"10.2139/ssrn.3336154","DOIUrl":"https://doi.org/10.2139/ssrn.3336154","url":null,"abstract":"This article examines the external and organizational factors behind the coalition dynamics of two labour unions representing a different mix of employment contract types – temporary and permanent – that led the 2007 Irregular Workers Movement in South Korea. Drawing on semi-structured interview, video, newspapers and internal document data, we find that while political opportunities drove the two unions to come together, broad alliances formed around the coalition on the issue of job security of irregular workers marginalized the union with predominantly regular workers. Organizational differences that seemed complementary at first hindered a collective identity from forming and became a source of resentment as strikes continued on. Varying progression of negotiations not only reduced the benefits of claims coordination and collective action but also invoked otherness among them. Lack of trust and recognition did not allow for even a loose cooperative differentiation relation.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127238303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-12-28DOI: 10.4337/9781788117340.00017
Thomas K. Cheng, M. Gal
Aggregate concentration has recently been recognized as an important source of competitive constraints. The concerns raised by it are, however, particularly difficult to deal with, largely because they do not lend themselves to straightforward solutions. This chapter examines the use of abuse of superior bargaining position provisions to remedy aggregate concentration concerns. Special focus is placed on Japan and South Korea, both of which have attempted to use such provisions to counteract the inherent advantage in bargaining power enjoyed by large conglomerates vis-à-vis smaller or weaker trading counterparts. This experience is interesting, inter alia, because in recent years Japan has shied away from using superior bargaining power prohibitions to deal with aggregate concentration, while South Korea has taken a different stance. The chapter suggests that abuse of superior bargaining position provisions can, at best, be a second-best solution to address aggregate concentration concerns. Nonetheless, they can be used to curb conglomerate abuse of their economic power under some circumstances. It concludes by suggesting that some modifications can be made to these provisions to render them more suitable for this purpose.
{"title":"Superior Bargaining Power: Dealing With Aggregate Concentration Concerns","authors":"Thomas K. Cheng, M. Gal","doi":"10.4337/9781788117340.00017","DOIUrl":"https://doi.org/10.4337/9781788117340.00017","url":null,"abstract":"Aggregate concentration has recently been recognized as an important source of competitive constraints. The concerns raised by it are, however, particularly difficult to deal with, largely because they do not lend themselves to straightforward solutions. This chapter examines the use of abuse of superior bargaining position provisions to remedy aggregate concentration concerns. Special focus is placed on Japan and South Korea, both of which have attempted to use such provisions to counteract the inherent advantage in bargaining power enjoyed by large conglomerates vis-à-vis smaller or weaker trading counterparts. This experience is interesting, inter alia, because in recent years Japan has shied away from using superior bargaining power prohibitions to deal with aggregate concentration, while South Korea has taken a different stance. The chapter suggests that abuse of superior bargaining position provisions can, at best, be a second-best solution to address aggregate concentration concerns. Nonetheless, they can be used to curb conglomerate abuse of their economic power under some circumstances. It concludes by suggesting that some modifications can be made to these provisions to render them more suitable for this purpose.","PeriodicalId":137430,"journal":{"name":"Asian Law eJournal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121837588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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