The folks over at the European Chinese Law Research Hub
(with thanks to Marianne von Blomberg, Editor ECLR Hub, Research
Associate, Chair for Chinese Legal Culture, University of Cologne) have
posted three papers, one each by Fang Ma (University of Portsmouth); Hannak Klöber (Universoty of Cologne) and Larry Catá Backer (Pennsylvania State University).
As legislators in China seek to improve the corporate governance environment, Fang Ma took a closer look at a second draft of the Company Law amendment and its implications especially concerning directors’ duties and the protection of shareholders’ interests.
Social credit is mostly about corporate regulation - however, personal social credit files are also being created and pose a major challenge to personal information protection. Hannah Klöber investigated the current legal framework with regard to how well it can ensure the accuracy of personal social credit information.
Finally, Chinese state-owned companies go global and spark concerns outside of China as they present an "anomaly in the operation of the well-ordered construction of a self-referencing and closed system of liberal democratic internationalism." Larry Catá Backer sheds some much needed light on these institutions.
The three work nicely together. Fa suggests the path toward effective global convergence of corporate law, but with national characteristics. Klöber suggests convergence around the challenges of personal data integrity in a regulatory universe in which the autonomous person is increasingly reduced to an aggregate et of data. Backer suggests the challenges for aligning risk valuation against norms where those norms are themselves valued by reference to distinct systems the valuation of which carries with it national characteristics. All center on Chinese developments, but all have consequences that leak into the spaces once the sole domain of liberal democratic internationalism.
I am cross posting the essays below. The original ECLRH post may be accessed HERE: Fang Ma; Hannah Klöber; and Larry Catá Backer. And as a plug for the marvelous work at the European Chinese Law Research Hub: if you have observations, analyses or pieces of research that are not publishable as a paper but should get out there, or want to spread event information, calls for papers or job openings, or have a paper forthcoming- do not hesitate to contact Marianne von Bloomberg.