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Issue 17

2020 Next

Publication date: 06.2020

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Ren Yatsunami

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 7 - 26

https://doi.org/10.4467/23538724GS.20.015.12133

This summary of lecture underlines some characteristics of Japanese private international law in comparison with Polish private international law. Through the comparison, it is especially highlighted that considerable differences can be observed in the field of international succession and right in rem.
It should be noted that this lecture does not provide exhaustive enumeration of comparative points, and further detailed reviews would be desirable in the future. Specifically, another important contrast can be observed in the rules on intellectual property. Chapter 10 of 2011 Polish PIL Act provides provisions on intellectual property. This Chapter of 2011 Polish PIL Act consisting of two provisions is noteworthy considering that Japanese private international law still does not have any written choice-of-law provision on intellectual property.

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Anna Michalak

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 27 - 41

https://doi.org/10.4467/23538724GS.20.017.12135

Lately two books were issued. The future is Asian by Parag Khanna who stated that: “in the 19th century, the world was Europeanized. In the 20th century, it was Americanized. Now, in the 21st century, the world is being Asianized.” The second one is The end of the Asian Century by Michael R. Auslin,who argues that far from being a cohesive powerhouse, Asia is a fractured region threatened by stagnation and instability. He provides a comprehensive account of the economic, military, political, and demographic risks that bedevil half of our world, arguing that Asia, working with the United States, has a unique opportunity to avert catastrophe – but only if it acts boldly.
Although, we can point out that the authors of these publications present different perspectives, it is hard not to notice that their theses completely contradict each other. For the comparatist it would be more than interesting to see which of the above-cited authors was right. At the same time, the above-mentioned examples of the uniqueness of constitutional regulations and instruments introduced in the ASEAN countries justify the thesis about the need for further research in this region, that application effects cannot be excluded a priori.

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Magdalena Łągiewska

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 42 - 52

https://doi.org/10.4467/23538724GS.20.016.12134

Along with the development of the „Belt and Road” Initiative, there is much more economic relations between Polish and Chinese entrepreneurs. Therefore, the disputes can arise in the future. Taking this into consideration, it is worth to protect interests of both parties and conclude an arbitration agreement. The aim of this article is thus to introduce the binding provisions concerning arbitration in China and to prove that despite China’s accession to the New York Convention and taking into account the UNCITRAL Model Law, there is still arbitration with Chinese characteristics. The article focuses primarily on the social and cultural background in China and indicates the development of the alternative dispute resolution. It describes further the historical aspects of the arbitration in China (from 1949 to 1994), when the Arbitration Law of the People’s Republic of China was adopted. Finally, it presents the features of this legal act and the elements of the arbitration agreement under Chinese law.

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Karol Gregorczuk

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 53 - 73

https://doi.org/10.4467/23538724GS.20.019.12137

The liability for medical malpractice in the legal system of the People’s Republic of China was shaped in the 20th and early 21st centuries. During the period of Mao Zedong’s government, there was a conviction that national legislation should be instrument for achieving ad hoc political goals, all decisions were made informally, on a party basis. Patients did not have the possibility to claim compensation for injury resulting from medical malpractice. A fundamental change took place after Deng Xiaoping came to power as part of the reform and “opening up to the world”, patients ceased to be treated as beneficiaries of social assistance, and became all consumers of health services. Initially, persons injured as a result of medical malpractice may claim compensation through administrative proceedings, which does not provide compensation claim to the amount of injury actually suffered. The “double path” system, which consists of two independent legal regimes – civil and administrative – has evolved significantly over time. The Tort Liability Law of the People’s Republic of China enacted in 2009 includes comprehensive legal solutions for medical malpractice in China.

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Witold Górny

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 74 - 86

https://doi.org/10.4467/23538724GS.20.020.12138

The Japanese local self-government system is a very characteristic model, standing out from the background of legal solutions adopted in this respect by other countries of the world. In addition to the distinction between Japanese local autonomy, collective autonomy and civic autonomy traditionally exposed in the doctrine, the distinctive feature of those legal solutions is the mechanism of commissioned tasks functioning since the 1999 reform, transferred to local self-government by central authorities (including the method of financing their implementation). Japanese experience, although seemingly distant, can be a reference point for the analysis of the functional dimension of the Polish local self-government system on the thirtieth anniversary of its reactivation.

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Krzysztof Falkowski

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 87 - 102

https://doi.org/10.4467/23538724GS.20.023.12141

At the time of growing economic competition between the superpowers, including the European Union and China, the Central Asia (CA) region, comprising the countries of Kazakhstan, Kyrgyzstan (Kyrgyz Republic), Tajikistan, Turkmenistan, Uzbekistan, is gaining
special importance. In recent years, it is in particular China that has been very active in this region, also due to the implementation of its flagship Belt and Road Initiative. The purpose of the article is: 1) to establish the importance of the EU and China as export markets for goods from the countries of Central Asia, 2) to determine the competitive profiles of CA countries, 3) to identify potential areas of cooperation and/or competition in CA countries’ trade relations with the EU and China.
The article shows that the international trade competitiveness of CA countries is relatively low and very limited to the structure of their comparative advantages. Yet, being complementary to one another, the comparative advantages possessed by the CA countries and by the EU and China provide grounds to assume that there are objective premises for the development and intensification of mutual trade cooperation, which will be beneficial to each of the parties concerned.

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Andżelika Kuźnar, Jerzy Menkes

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 103 - 124

https://doi.org/10.4467/23538724GS.20.018.12136

The aim of the study is to identify the effects of free trade and investment protection agreements between the EU and Vietnam. We argue that these agreements are part of a broader strategy, pursuing not only economic but also socio-political objectives. They affect relations between the parties, but also have a pluri- or even multilateral dimension.

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Dominik A. Skopiec

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 125 - 144

https://doi.org/10.4467/23538724GS.20.022.12140

Global imbalances, i.e. external positions of systemically important economies that reflect distortions or entail risks for the global economy, remain one of the key characteristics of the contemporary world economy. After narrowing sharply in the aftermath of the global financial crisis, overall current account surpluses and deficits stabilized at around 3 percent of global GDP. However, according to the International Monetary Fund’s External Sector Report about 35–45 percent of overall current account surpluses and deficits were deemed excessive in 2018. Moreover, the post-crisis period has been characterized by external rebalancing of the Chinese economy, the rise of EMDEs in overall deficits as well as persistency of deficits in the US and the UK. Following the global financial crisis, global imbalances have also been increasingly concentrated in advanced economies.

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Anna Żyła

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 145 - 157

https://doi.org/10.4467/23538724GS.20.024.12142

The Belt and Road Initiative is an idea that raises strong emotions on the international arena since its announcement in 2013. The scale of this undertaking and the objectives that guide its implementation prove that it can have a significant impact on the balance of power in today’s international relations. The main goal of this article is to try to answer the question whether the New Silk Road is China’s way to reform the global governance system. If so, to what extent? In the preparation of the article, a method of describing economic reality was used and conclusions were drawn regarding the future of global governance. The main result of the analysis is the thesis that, looking at the current balance of power in the global economy and the growing geopolitical role of China, it seems to be the only entity that could change the current shape of global governance system, but it is a long-term process and it is definitely too early today.

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Przemysław Wysiński

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 158 - 173

https://doi.org/10.4467/23538724GS.20.025.12143

China’s growing involvement in sub-Saharan Africa continues to attract interest from researchers and the public. The purpose of this article is to present the motives and conditions of Chinese foreign direct investment in Africa in relation to the most important theories of FDI placement. It has been hypothesized that the main motive of Chinese FDI in Africa is the search for resources. Descriptive, analytical and literature studies were used in the research work. As a conclusion, it appears that China’s activity in Africa is particularly strongly manifested in the sub-Saharan part – rich in raw materials, where China takes advantage of the absence of Western concerns. For China, African raw materials and investments in the energy sector are important elements on which the country’s further economic development
depends, but the share of Chinese FDI in other sectors such as construction and financial services is also growing. This leads to the conclusion that although security of resources is an important issue for China, Beijing’s approach to Africa seems to be much broader than
is commonly thought. Africa is a growing market and provides Chinese companies with greater opportunities to gain experience not only in the field of raw material extraction, but also in other market segments. Africa also has agricultural potential that can be used to improve food security.

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Aleksandra Aziewicz

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 174 - 185

https://doi.org/10.4467/23538724GS.20.026.12144

In December 2019, the World Health Organization was informed about the occurrence of several cases of pneumonia in China of unknown etiology. The source of epidemic was the city of Wuhan in the Hubei province. Over the next days, there was a sharp increase in the number of coronavirus infections. The authorities decided to take action in order to stop spreading of the epidemic. Some cities in the Hubei province have been lockdown. Actions against the spread of COVID-19 strongly influenced the Chinese economy including consumers.
The aim of this paper is to identify changes in Chinese consumers’ behaviour during the epidemic of COVID-19. Article refers to selected theoretical aspects regarding consumers’ behaviour. In order to achieve the goal of the article, research method of data analysis from Chinese Statistical Office on change in total retail sales of consumer goods, results of Kantar Consulting research on consumer spending and their preference during the epidemic, and press releases were used.

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Sławomir Antkiewicz

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 186 - 199

https://doi.org/10.4467/23538724GS.20.021.12139

The paper presents the market of derivatives in Hong Kong. The constantly expanded, wide and standardized offer of derivatives increased its attractiveness and is attracting local and foreign investors. Among the range of quoted derivatives on the Hong Kong Exchanges and Clearing Limited, we can distinguish a lot of financial and a few commodity products.
At the end of April 2020 on the HKEX foreign exchange contracts (seven futures and one option), two futures based on interest rate and four futures based on the price of commodities were listed. Hong Kong Exchanges and Clearing Limited is on the first place in the offer of stock index contracts (eighty futures and one hundred one options) and single stocks (twelve futures and six options).
In spite of their complex and complicated form, derivatives are gaining more and more popularity on the Hong Kong Exchanges and Clearing Limited. Data from stock exchange market regarding derivatives trading showed the strong upward trend and the large interest from investors. The rapidly developing economy of Hong Kong is requiring more and more new hedging methods, which favours the extension of stock exchange offers with derivatives. The Hong Kong Exchanges and Clearing Limited achieves above-average turnover and increases in derivatives in terms of quantity. Additionally, the specific economic system of Hong Kong, which is quite different than in China is creating the growth of interest among investors as well as futures and options. The confirmation for this is the growth of turnover and the number of open positions.

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Students Attempts

Aleksandra Guss

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 200 - 218

https://doi.org/10.4467/23538724GS.20.027.12145

The People’s Republic of China is currently a country with a dynamically developing economy and strongly progressing globalization. Both phenomena have a negative impact on the preservation and transfer of goods belonging to China’s cultural heritage, in particular the intangible, which is considered to be more fleeting. Folklore and tradition require the development of a special protection system, primarily legal, which will ensure an effective protective mechanism. Actions taken by the Chinese government, in cooperation with UNESCO, have undoubtedly saved many elements of China’s intangible cultural heritage, but still, in the face of changes, traditional Chinese culture is under threat and requires new activities, including those that will engage society in cultivating China’s tradition.

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Reviews

Gdansk Journal of East Asian Studies, Issue 17, 2020, pp. 219 - 227

https://doi.org/10.4467/23538724GS.20.028.12146
  • Suki Kim, Pozdrowienia z Korei. Uczyłam dzieci północnokoreańskich elit, [Without You, There Is No Us. My Time with the Sons of North Korea’s Elite], transl. A. Sobolewska, Znak. Literatura Nowa, Kraków 2015, pp. 336 (Barbara Richert)
  • Marcin Jacoby, Sztuka perswazji w starożytnych Chinach: opowiastka alegoryczna w okresie Walczących Państw (453–221 r. p.n.e.) [The Art of Persuasion in Ancient China: Allegorical Tale during the Warring States Period (453–221 BCE)], Wydawnictwo Akademickie Dialog, Warszawa 2018, pp. 222 (Magdalena Łągiewska)
  • Bryan B. Barber, Japan’s Relations With Muslim Asia, Palgrave Macmillan, Cham 2020, pp. 261 (Kamil Pietrasik)
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