This essay discusses the legal application, execution procedures of Section 337 and its newly development on statute law and case law, and concluded feasible countermeasures on the detailed research from the cases of mainland China and Taiwan.
The establishment of the position of civil and commercial case-law concerning foreign affairs should be placed in our existing law frame, statute law should be the first source and case-law the second so that rigid rules are combined with judges' free ruling.
By now, as far as the corporate opportunity is concerned, a mature system of rules named as the Corporate Opportunity Doctrine has been formulated under the case-law regime. These rules cover the issues such as recognition, prohibition and use of the corporate opportunity.
Fourthly, although court decision inference is practiced very widely in the judicial system, judges only choose very monotonous inference mode, which is mostly limited to syllogism, and unfortunately they don't often use inductive inference closely related to legal precedent law and also very scarcely uses dialectical inference which is needed in handling the complicated cases.
The article will then comment on the recent case law of the ECJ (and the reactions to it in academic literature) on the entitlement, for not economically active EU citizens, to social minimum benefits in the state of residence.
The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law.
This article seeks to answer this question looking at state practice and the case law.
In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals.
It examines the law of the ICTY and the ICC, including the relevant case law.