Volume 110

This paper systematically examines the formulation path for China's Anti-Cross-Border Corruption Law from a comparative law perspective. It analyzes the core provisions and dual enforcement mechanisms of the US Foreign Corrupt Practices Act (FCPA), the commercial organization "failure to prevent bribery" liability model under the UK Bribery Act 2010, and the five core mechanisms (prevention, criminalization/law enforcement, international cooperation, asset recovery, monitoring) established by the UN Convention against Corruption (UNCAC), distilling commonalities and national characteristics in international cross-border corruption governance. The research identifies core dilemmas in China's current foreign-related anti-corruption legal system, including the absence of specialized legislation, fragmented and inadequate preventive measures, and insufficient international applicability of rules, necessitating urgent enactment of a dedicated law. Simultaneously, by integrating international conventions with Chinese wisdom, it will demonstrate China's responsible major country image. Actively sharing legislative experiences (e.g., "prevention priority") and participating in international rule negotiations will promote building a fairer, more inclusive new global anti-corruption order, significantly enhancing China's discourse power in international rule of law

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With the widespread application of artificial intelligence technologies such as blockchain and big data technology, the field of international commercial arbitration is experiencing profound revolutions. The utilization of artificial intelligence in this field not only has acted as an important role in completing repetitive and mechanical basic tasks like drafting arbitration agreements and writing hearing transcripts. Instead, it is now playing a significant role in assisting with case adjudication. artificial intelligence offers positive impacts by enhancing arbitration efficiency, improving arbitration transparency, and reducing arbitration costs. However, it also has issues such as ethical risks, potential leakage of parties' personal information, weakening the "subjectivity" of arbitrators, and reducing arbitration accuracy. This paper proposes targeted measures to fully protect the personal information security of arbitration parties through legal regulations and technological measures, while consistently emphasizing the "subjectivity" of arbitrators. It uses artificial intelligence as an auxiliary tool in decision-making, enabling arbitrators to maximize arbitration efficiency while pursuing "substantive justice."

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This paper examines multinational enterprises’ (MNEs) legal responsibility in safeguarding Indigenous rights through analyzing the U.S. legal system. Specifically, the paper focuses on the Apache Stronghold v. United States case to illustrate the systematic legal gaps at the state, federal, and international levels. This Supreme Court case reveals three significant issues: the absence of mandatory FPIC mechanisms allows MNEs to exploit indigenous lands and resources without prior consent; the limitation of a narrow definition of corporate liability to hold the parent companies liable; and the lack of legal enforceability of international soft law. Therefore, establishing legally enforceable mechanisms in accordance with international standards is essential to ensure consistent protection of indigenous rights. This essay argues for a multi-level legal reform. The specific measures will expand beyond FPIC implementation into legislation, the expansion of corporate liability, and the binding enforcement of UNDRIP between countries. These measures aim to ensure transparent and enforceable implementations of international standards for indigenous protection.

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With the rapid development of cross-border e-commerce in China, intellectual property infringement issues on platforms have emerged as a significant legal challenge confronting society. The current E-Commerce Law of the People's Republic of China (Hereinafter referred to as the "E-Commerce Law") and Tort Liability Law of the People’s Republic of China (Hereinafter referred to as the "Tort Liability Law") establish the obligation of "notice and takedown" while also providing e-commerce platforms with a "safe harbor" protection. Nevertheless, ongoing challenges like jurisdictional disputes, shortcomings in e-commerce platform oversight, and the unclear enforcement of the "Red Flag Rule" still hinder the effectiveness of enforcement efforts. This study will analyze multiple Chinese judicial cases from 2019 to 2023 to reveal the three major deficiencies in China's current approach to intellectual property infringement on cross-border e-commerce platforms: i. The criteria for establishing "willful" infringement by platforms lack uniformity. ii. The boundaries of the platform's duty of care are ambiguous. iii. The measures for deterring repeated infringements are insufficiently stringent. Based on this, I propose several recommendations for legal reform, establishing a hierarchical standard for the transition from "knowingly" to "should have known," define the dynamic boundaries of the duty of care, and develop a tripartite disciplinary mechanism for repeated infringements. This study advocates for amending existing legislation to balance the protection of rights holders with the sustainable development of digital trade.

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