Showing posts with label US-China. Show all posts
Showing posts with label US-China. Show all posts

Wednesday, October 15, 2025

Junsong Feng on Curbing Trademark Bullies through Compensation Liability (HKJLS)

"Curbing Trademark Bullies through Compensation Liability"
Junsong Feng (LLM)
Hong Kong Journal of Legal Studies (Volume 18, 2024), pp. 89 - 120

Abstract: In mainland China, trademark bullying and anticounterfeiting campaigns are clearly intertwined and are mainly enforced by professional anti-counterfeiters by filing bulk lawsuits against small businesses at the end of the counterfeiting chain. This strategy distorts the original purpose of anti-counterfeiting efforts. This paper compares this issue to the situation in the United States and analyses the Chinese judiciary’s current response through a quantitative analysis of publicly available court documents. The measures envisaged by the judiciary are to utilise the rules of statutory damages and the legitimate source defense to direct the battle of the anti-counterfeiting campaign to the source of counterfeit. This paper analyses this judicial response and makes suggestions for its improvement.

Thursday, February 25, 2021

Angela Zhang on The US-China Trade Negotiation: A Contract Theory Perspective (Georgetown J Int'l L)

2020, Vol 51, No 4,
Abstract: International trade negotiations have traditionally been viewed as a two-level political bargain between trading nations and among domestic interest groups. While this bargaining model is helpful for predicting the political dynamics in trade negotiations, its focus on politics tends to obscure the economic consequences of trade agreements. Drawing upon insights from contract theory in economics, this Article analyzes three ingredients of transaction costs that lead to the incompleteness of a trade agreement — the unforeseen contingencies, cost of enforcing the contract and the cost of writing the agreement. Using the Sino-U.S. trade negotiation between 2018 to 2019 as a comprehensive case study, this Article illustrates the circumstances when a trade agreement is difficult to write, unlikely to succeed and impossible to enforce. As an alternative to a trade agreement, this Article advocates instead for greater economic integration as a commitment device. By allowing each country to hold the other’s assets hostage, economic integration can facilitate cooperation between nations when trust is lacking. This Article contributes to the existing literature by proposing an economic framework to analyze the promise and perils of trade negotiations. It also offers a cautionary tale of using economic sanction to force other countries to make legal concessions. Click here to read the full article.

Tuesday, May 12, 2020

Angela Zhang on Coronavirus-related US Lawsuits Against China - Why They Might Backfire (SCMP Opinion)

Published on May 11 2020
The passage of the Justice Against Sponsors of Terrorism Act in 2016 and its impact offer a glimpse into the possible knock-on effects of US lawsuits against China over its handling of the Covid-19 outbreak
A flurry of complaints have been filed against China in US federal courts seeking enormous damages caused by China’s mishandling of the coronavirus outbreak. These include class actions filed on behalf of individuals and businesses from at least five different states, as well as a lawsuit by the state attorney general from Missouri, while Mississippi has also said it will file a case.
     Plaintiffs from other countries are following suit. China has slammed this spontaneous order of litigations as “absurd”. Global Times, a state-run Chinese newspaper, responded by calling these litigations a political strategy to divert public anger away from the Trump administration’s ineptitude in handling the pandemic.
     As a general principle of international law, foreign governments cannot be sued except under limited circumstances. This is based on the doctrine of reciprocity. If the United States permits lawsuits against other sovereigns, this could prompt other countries to take reciprocal measures, exposing US citizens and businesses to legal risks abroad. For this reason, many legal experts expect these lawsuits to fail.
     Parallel to these lawsuits, Republicans are in the midst of proposing bills that will modify the Foreign Sovereign Immunities Act in an effort to strip China of its immunity from being challenged in US courts for Covid-19 damages. If Congress grants such a proposal, it could add new momentum to these litigations...  Click here to read the full text. 

Sunday, May 13, 2018

Richard Cullen on The New US Perception of China (IPP Review)

"The New US Perception of China"
Richard Cullen
IPP Review
April 26 2018
The American perception of China has gone through an intriguing transition over the last century. Once, compassion was dominant. Today, increasing hostility is prominent with rumbles of a serious trade war in the air. These US views have significantly shaped the discernment of China around the world over the last 100 years. They continue to do so ... 
     My aim in this essay is: to look at how this discontented transition from empathy to antipathy has come to pass; to examine what it has to tell us about the state of China and the US today; and to consider where it may be leading.
     It is a fact that China, within its remarkable and enduring history, did not develop a system of governance where the governed played any sort of democratic role in selecting those who would govern. Such a system did evolve in a partial but significant way in ancient Greece around 200 years before China’s unifying Qin Dynasty was established in 221 BC. That experience in Greece has, over many centuries, fundamentally shaped the development of Western views (especially during The Enlightenment) on the best form of political governance. China meanwhile has retained a top-down authoritarian governance system to this day, in keeping with its millennial, traditional understanding of how best to govern. As we will see, that governance system has performed exceptionally well over the last 40 years by delivering an unparalleled improvement in the livelihood of millions, notwithstanding any democratic deficit.
     As the American perspective on China has moved from bewilderment to increasing antipathy, the American account of what has happened constantly stresses that the US and its allies are engaged in a recommenced battle to protect democratic values from a fresh authoritarian challenge spearheaded by China. In fact, this outward justification is energized, above all, by the deeper challenge to US global political supremacy now unfolding. The focus on telling the enfolding story, as seen from Washington, makes very good sense: a respected Harvard academic and former senior member of the State Department, Joseph Nye, recently observed in the journal Foreign Affairs that “a strong narrative is a source of power.”
     The current edging towards a Sino-American trade war is one manifestation of the significant, geopolitical mood change being examined in this essay. This very important trade quarrel is mentioned peripherally but it is not dealt with in any central way, here.
The Rise of a Superpower and the Retreat of Another
... This transition from one dominant world power to the next proceeded with minimal resentment. Although the superpower “torch” was moving out of the British Empire, the new dominant power was closely related in terms of ethnicity, language and deeply shared traditions. Moreover, the UK soon enough found itself in need of vital US assistance to secure the defeat of Germany in World War I. Finally, and perhaps most importantly, the UK was able to rely on its own mature understanding of the changes underway and thus avoid too much counter-productive, national swaggering.
It is now around 100 years since that fundamental international transition. During this period, the US has played a pivotal military role in stopping the German–Central Powers’ assault on Europe in World War I. In World War II, the US role was still more crucial in defeating the unspeakable rise of Nazism and destroying the barely less horrific Japanese onslaught across East Asia, Southeast Asia and the Pacific...
Pax Americana & Sharp Power
... By the end of World War II, the US was outstandingly dominant, despite the cost of fighting the war. The narrative of how it has deployed that strength since has a positive side (the Marshall Plan in Germany, for example) plus an accompanying, grim side, which gathered distinct momentum as the Cold War began.
   This US supremacy ushered in an era within the Western Hemisphere, especially, of continued peace subject to American oversight. It also facilitated foundation building for the new global trading system. As we will see, China has, over the last 40 years, taken exceptional advantage of this comprehensive global restructuring.
   This US ascendancy was built on immense power, which included the capacity, regularly used, to shape transnational outcomes to a remarkable extent.
   This era has regularly been referred to as Pax Americana drawing on terminology extending back the Pax Romana of the early centuries of the Roman Empire (after 27 AD). In like manner, it was said, the clear dominance of American military, economic and political power provided the means for the US to oversee an era of extended peace particularly after World War II.
   Fairly recently, certain leading US commentators have critically analyzed what they call China’s sharp power. This sharp power is juxtaposed with two other long, commonly used, political terms — soft power and hard power. Christopher Walker and Jessica Ludwig in their article “The Meaning of Sharp Power” in the journal Foreign Affairs in November 2017 argued that sharp power “is not principally about attraction or even persuasion; instead, it centers on distraction and manipulation.” Soft power is a term coined by Joseph F Nye in 1990, which he has more recently defined in the following way: “soft power is the ability to affect others by attraction and persuasion rather than through the hard power of coercion and payment.”
    In fact, the US has itself deployed all three powers — soft, sharp and hard — for many decades... Click here to read the full text.