NJCL 2/2014 includes three articles that strike at the heart of global commerce and the peculiarities that law faces regulating it. Law is no exact science, yet surprisingly able in striding the seemingly unsurmountable hurdles of its unique systematization. NJCL 2/2014 discusses how nationalism may give way for internationalism in areas of fast developing commercial law like b2b-contracts and intellectual property, while retaining its national flavor. Yet, an increasingly hot potato is the relationship between public and private law that seemingly allows Western global commercial actors norm-evasion privileges due to lack of enforcement, on the one hand, but bites hard in the form of non-access to remedies in non-Western markets, on the other hand.
Thomas Neumann reports on the consequences for Nordic and Baltic sales law from the withdrawal of reservations relating to Part II of the CISG by some states. UNCITRAL and Aarhus University invited experts to raise pressing legal issues in the Nordic and Baltic countries. The presenations are available in full at http://www.cisgnordic.net/conferencebook.shtml. Neumann has summarized the main points discussed by each presenter, and added some concluding thoughts.
Qingxiu Bu discusses the pressing issue of Western MNCs participating in corruption in foreign markets, particularly in China. He discusses the first major Chinese corruption case targeting the activities of GlaxoSmith & Kline in the Chinese pharmaceutical market. Bu insightfully covers Chinese anti-corruption law and enforcement. The article also includes a comparison to US and UK corruption law and assesses how the case may have unfolded, had it been targeted for enforcement. Under current law in all three jurisdictions MNCs may do well in taking Bu’s advise to revise their anti-bribery compliance programmes to suit the ensuing era of stricter enforcement against corruption.
Yajie Zhao takes a new angle at the poor enforcement of intellectual property rights in China. Zhao compares enforcement and litigation data from Chinese and non-Chinese sources, as well as evaluates actions taken inside China to deal with different aspects of the problem. Zhao gives insight into the Chinese court system, and offers targeted proposals (both to foreign right holders and Chinese administrators) to fixing leaks in the system. Contemporary debate on reform of the system to address IP concerns are also presented and evaluated. The article presents a more realistic view of what can (and cannot) be expected in the Chinese IP enforcement field in the near future.
Wishing all NJCL-readers a joyful season and prosperous New Year 2015,
Katja Lindroos (Weckström)
Nordic Journal of Commercial Law