Jul 3, 2009

WHAT CENSORSHIP??

SHANGHAI - There is so much more freedom in China today. People can enjoy news stands of any kind, watch cnn in hotelrooms, see international papers over the internet and can have italian spaghetti or german beer in a Paulaner bar that looks like directly cut out of the soil from the Octoberfest. But no easy life for blogs. 

I think it affects all the Blogspot blogs in China. I might be wrong, but I used Chrome, Mozilla and Internet Explorer and I get the same slap form each one of them. It's ok, I won't get mad and tie myself to the local police fence or climb the Marriott hotel with a peace and freedom flag, I'll just keep cool and be harder. A small voice, in a big chorus counts. Each one of you. 

My stay is nonetheless marvellous so far. I can see a wonderful sunset from here and foresee intense weeks to come until the end of September. I missed a conference called "Branding in China" yesterday but the same organization will hold a conference on Innovation in China next Thursday at 7pm to 9pm @ 1933 Creative Complex 1st floor, building 4 in 24 Shajing Road, Hangkou district..if you can read my blog, of course :)


Apr 12, 2009

POWER OF COMIC STRIPS


BOLOGNA - I just finished reading the comic strip book called Shenzhen, (publ.2000) by Guy Delisle, an incredibly talented and sarcastic animator from Canada who travelled to the southern industrialized China and - first of the successful triad of works before 'Pyongyang' (2003) and 'Chroniques Birmanes' (2007)  - beautifully yet also in a necessarily raw, sweet & sour dressing, perfectly explains the difficulties, doubts, feelings and impressions of a first-timer expat in China. I was struck by the amount of shades and dark curtains he uses and by the dialogueless silent and explicative portraits of buildings, roads and facial expressions. I guess it's just a bit funnier if you have been to those places beforehand. Awesome anyway, even if you've never been to China or Korea. His graphic novels are translated in a number of languages so go ahead and ask your closest librarian for a copy of this unique portrait of a busy and evergrowing Chinese metropolis! Have fun!
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Apr 11, 2009

3rd ANNUAL ECLS CONFERENCE - VIENNA


BOLOGNA - The next and 3rd annual conference of the Europe China Law Studies ECLS will be held in Vienna this year (after Hamburg 2007 and Bologna/Turin 2008) from June 18-20, in Palais Trautson at the Federal Minister of Justice's. Registrations are open until June 10 and the Modules are interesting.  Ranging from Legal Practice in China to Environmental Law and from Human Rights to Commercial Law and Policy, this year's ECLS annual goes more into depth and foresees broader cooperation with new speakers and scholars of Chinese legal studies. Interesting enough, in Module IIIB, Roger Greatrex from Lund University will talk about well-known trademarks in China (legislation and infringement cases) just like my thesis. 

Other quite specific papers regard:

- new Chinese bankrupcy law
- Chinese relations to Africa (Congo)
- compensation standards for urban demolitions
- the interpretation law of the SPC
- WTO compliances (China entered WTO in 2001 and in 2 years the final assesment will be published by the TRM)
- rehabilitation of drug addicts policies


For a complete list of the topics, venue and schedule, take a look at the pdf version of the brochure.
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in the photo: "Cargo" by Liu Jianhua

Apr 8, 2009

GOING..GOING..GONE!


BOLOGNA - On March 23 I finally graduated from law school and went on to become a "dottore", what in Italy happens after a black and blue cloaked Professor amongst others says these words: con i poteri conferitimi la proclamo dottore in giurisprudenza! Translation: you're officially out of here and jobless! 

It has been a great day with friends and parts of the family on a sunny and cloudless day. Pressure strikes you the night before such events in the shape of a subtle, light and invisible hand: you feel every single sound, every bone in the body and nevertheless grow anxious and would love to skip the night and be at reception the very next moment. 

The warmth of friends and the rising encouragement worked its way to the next morning when I got up - reasonably at dawn - and left the apartment just to hit the road to the University on my own. Friends all came in groups while I was catwalking the red tiles and focusing. The sunny and smiling bunch were waiting and were there for me at the examination and, of course, at the buffet: I threw a buffet in my favourite Chinese restaurant in Bologna, called La Rosa, and the setting was awesome.

There's been much going on since then: interviews, trips to interviews, emailing like no tomorrow and generally catching up with all those things left behind during university. I definitely am still China-oriented - more than ever - and I embrace this challenge and what it brings. Therefore I foresee those big changes in the forthcoming weeks I had only drafted during this stretch of my recent life. These have been years of precious experiences, through thick and thin. I truly thank all the friends and collegues who studied with me, who supported me and inspired me, who lived with me and shared their thoughts and time with me. Family, of course, also the far ends of it, and my dearest brother Marcus

Mar 7, 2009

THESIS COMPLETE


BOLOGNA - there we go. It's done. Tonight I'll be done with the final version of my thesis. It's been fun and stressful, kind of an alienating thing to do but intriguing. I eventually took a short week off in Munich to do some extra research at the Max Planck Institut for IP where I found an overwelming amount of material and met interesting people from around Europe on their 4-year doctorate. It's just a good feeling to drink a 'moccacino' from a brown plastic cup at the vending machine with someone who comes up to you interested in what you are writing and exchanging points of view and ideas. In particular I met a student who is writing in Chinese anti monopoly law and we found the present Chinese legal system in commercial and industrial law to be massivly improving.

I myself, writing the paper, was surprised to read of how much effort the chinese put since the late '70s; the Implementing Regulations are an example, the WTO accession in 2001, the rising number of settled cases favouring not only liberal grounds for IPR development but also the Chinese themselves. Despite all the progress, there will still be tough times ahead because of the traditional view of property rights and recognition of invention and creation amongs Chinese - one of the biggest and most crucial aspects of conflicting cases between China and "the West".  

I just made a small 'wordle' of my thesis, here, in the picture. I would use it as the front cover to my thesis if I was allowed to!! The D-day (dissertation day) will be somewhere in the week between the 23rd and 27th of March and will give a toast to whatever we'll think of, in a very special venue in Bologna. It's meant to be a surprise so I won't spoil it!

I've been looking into jobs in China for a pretty long time and especially internships are intriguing amongs international organizations, chambers of commerce or law firms. 

2009 isn't only the century's financial abysmal nadir because of the crisis but it also is the bull's year, (or, the "niu" "new" year, funny eh?) or the ox' year: it's heavy but if you find out how to guide it, it might pull us all out of the crisis. The ox must be a positive-thinking one, not only a knowledgeable cow but determined and sturdy one, too. Not a Milka cow but definitely a special one. 

Feb 15, 2009

SPAGHETTI SYNDROME - 面条综合症 ?!


BOLOGNA - There is something very powerful in stacking magazines on a shelf and going through them all in one day. Aside from the beauty of the crispy paper and the full blasted colors in worn out pages. Other advantages is to find this experience somewhat useful aside from being just a sensorial amusement.

At some point in my thesis – while discussing asian branding by fully or 51% asian run enterprises – it is said Chinese investors recently enjoyed successful acquisitions of foreigncompanies and their more or less famous brands (驰名商标). This new financial escalation in buying foreign famous brands (and their whole industrial structure) must be regarded as one of the few most thriving options for gaining a solid position on the global market.

Other advantages are enjoyed by those acquired enterprises: they are saved from failure or bankrupcy and may see the light for so many decades to come, for prosperous production without a change in their traditional process. Another advantage si on a social level including a strenghtening of relationships with the local community and by fastening trust with the general public and the institutions. 

The article that inspired me to post all this was published in the weekly magazine „Il Venerdí“(the Friday) belonging to the national newspaper  „La Repubblica“, released april 4th 2008, issue no° 1046.

Riccardo Staglianó, the article’s author, focuses on the fact that well-known Italian companies of a number of industries are being bought by willingly low profile Chinese investors at relevant prices. Considering that Italian labour price is 10 times the Chinese, it is obvious that said Chinese spend gargantic capital in these financial transactions. However, that shouldn’t suggest the knewly-bought Italian companies now suffer any form of Chinese dictatorship! On the contrary: workers and managers of these merged companies spontaneously guarantee they’ve never been happier. This is just one of the examples reported in the article that prove the fact the Chinese don’t interfere with the work nor with the decision-making boards of the acquired company. Chinese buyers are extremely respectful of the knowledge the founders or veterans in those companies possess and are eager to learn from them also by just observing (and, in return, by pouring in the cash). 

This is the case of the motorcicle industry BENELLI; the paper company CARTIERA di ASCOLI and, amongst others, MENEGHETTI FRIGORIFERI (refrigerators and similar cooling storage appliances) who have decades of experience and represent local industrial ferment, which is always endorsed and admired, especially in such times of domestic crisis.

The mentioned acquisitions are relevant opportunities to keep seizing for Italians. The word should go around in greater share and it shall be clearer to any level of the public that:

1 – WORLDSOURCING: collects the knowledge where it is forged from (take China, India, Italy the US as easy examples!) and dispatches it to wherever it is needed. In other words, unlike yesterday, geography is an option today.

2 – SPAGHETTI SYNDROME: we think we have the best food, cars, clothes, but…uuups!..did you know diversity is a surge for cultural and economical richness? National identity and IP protection is one thing, being blind protectionists is something else. Wasn’t Italy the crib for literature, fine arts, modern banking, religious and cultural plurality and generally diversity just a few centuries ago? Why does that memory seem farther away in time than it really is? It's probably all too messy right now to make retro nostalgic assertions, but it's necessary to avoid being skeptical at all costs and Italy should realize it's not too favourable position right now and consider the effects and opportunities of China being the 8th buyer of Italian products and/or enterprises. 

In the words of Oscar Niemeyer: "don't be pessimistic, being realistic is enough" no matter how bad the picture looks.


Feb 12, 2009

TIME FLIES (no, not really)


BOLOGNA - I made it through law school. Actually, I still have to "discuss" my thesis (title's: "Well-known trademark protection in China"). That will take place sometime in late march, right here in Bologna. I found I had a bunch of post-its sticking on my wall and they were all waving at me today reminding me all sorts of things. Facelifting the blog was on the list so here it is. Time flies, one should say. It's usually mostly said when you realize you were having a good time all along. There are gray areas, too, that can last long enough to think time doesn't really throttle madly all the time. Though that is still true when holidays are on. Right..

The "ox year 2009", the one I'll turn 27 in - yikes! - sounds kind of crazy: massive unemployment, world financial crisis, no real change - on the Italian peninsula - nor in politics or in the world's view of peace, the question of where to start from after university, gathering all the info possible, sending off CVs, make the best of each day and enjoying the times I finally have on my hands and that I felt likeI've gracelessly postponed during this last year in school. 

What should a law graduate student expect from a China adventure right now, in the midst of these times? I was at this job fair in Bologna, called  the "Careers Day" and I stpped at every other stand like Ikea, Generali, Barilla, Philip Morris, Bialetti, Trenitalia, some big law firm every now and then and some pharmaceutical companies and some really fishy ones no one really understood what they do, but I won't mention their name directly (Maccaferri). I eventually spaced out on a hot espresso in the bar facing the stands. "Ah, so many students roaming the world." 

I started to do some very ill calculations about how many students were there, looking for a job. Then I multiplied it for the EU countries, the Americas, Asia and then, times two (calculating the ones who will graduate next year) and added 1 third (the ones who didn't find a job last year). I almost choked on my espresso coffee. In all, I really felt like law students will rarely be satisfied with job fairs like these where engineers, biologists, business students go etc. They should change the offer criteria and run the fair for 3 days instead of one hasty day. I'll just keep it real and believe in what I've been trying to do China-wise. 

And none of us is getting any younger, aren't we? There's so much to do out there and people to see again.  On your marks..

Jan 13, 2009

UNEXPECTED


I've been held back from pursuing my goals in finishing off college in February. But it's January!

I know.

But Febraury is not feasible. One more exam to go (criminal procedure) + thesis in Famous Brands in Chinese legislation. I guess I'll have to start from scrap and get used to the fact I won't be in China until spring 09. I'll post about the outcomes or even earlier.

Nov 8, 2008

THE WORLD TUNED IN. RAISE YOUR VOLUME


Obama president-elect represents victory in many ways for the entire world. I don’t need to summarize places and people who celebrated it for almost 3 days now but there are interesting sides of the phenomena: some of us legitimately don’t exactly know why they preferred Obama to McCain. Is it the age? The talk? The arousing ways and warmer adds? It’s about motivation; mankind always did marvellously with motivation.

After 9/11 much has happened. The World was going to support the US and the US had a chance to review their policies and figure out more sensitive policies in foreign affairs and domestic issues. The population was hurt, the scare was high and gun-hopatriotism was getting out of control, and then Afghanistan and Iraq happened and the American people where puzzled and lost face month by month until they could stand it no more. Here's a new Era made of crisis and hope, human endeavour and global necessities, individualism and humanitarian aid. On election night we probably did not get rid of the whole rotten system, but we definitely felt ourselves back in the right place and that's motivation.

This victory is a victory beyond parties, beyond historical ideologies, beyond human race and it seems a new sprout of unknown kind is finally here. We recognize it and cheer for it and rise as one for it. It’s great! Change will come slowly, not tomorrow morning; fights will still be there but unity in your neighbourhood first and then on planetary level will come. Now, whoever there outside reads knows there is stuff their State can or should do for them but there are also things you can do for your country!

On yesterday’s Herald Tribune in Philip Bowring’s article „Obama in the Orient“ I read ai great statement and wish to write it here for you although I never do this:
„(…) The economic issues facing Obama are daunting. In ASIA, US interests are so many that reconciling them will remain difficult. Butt hese problems cannot negate the impact that the election will make on the relationship between a United States now more united in its diversity and an Asia struggling with its own diversity. „

Nov 2, 2008

SURPRISINGLY CHEERFUL POTTERY

We ususally think about very misterious, fabolous, hidden and all but easy-to-crack sayings when we see Chinese calligraphy on pieces of art. This, of course, is a valid assumption amongst those who like me are familiar with leisure life Chinese level of spoken and written but not more than that.


Story is, that in September I walked across Di An Men’s hutongs in Beijing to pay a friend a visit. He had a beautiful small antiques store filled with stuff that was not ordinary at all nor for the objects nor for the way they were displayed. Even French sacred church objects were there and I didn’t want to know how they got there. This vaguely japanese-resembling man in his late thirties, who had just finished emptying out dark green leafs from his teapot gave me a warm welcome right after his parrot said hello to me in Chinese on the doorway.


In a nutshell, that was 2005 when I met the whole family (his wife and kid who was a few weeks old). This year, as I was saying, I looked for his shop and the shop was almost empty and things were scattered around and many shelves were collecting dust rather than exhibiting jewelery or plates. Heavy Chunghwua cigarette odor was all over. Finally I met his brother who was running the business but before I got any sadder he took me to his older brother’s shop just a few meters away. There, this „old friend“ of mine shook my hand strongly and that’s when I gave him a copy of the picture I had taken of his wife, their child and me. He was real happy and showed me around and we had some brief talks about the reasons of my stay and my upcoming projects. On the way out he gave me a small vase as a gift, in sign of friendship. After wrapping it up in his own newspaper and gently placing it in a black bag he wished me well and gave me his new business card. What a cool guy, I thought. Kind of chubby, japanese features, long black hair tied in an elegant pony tail and a lemon yellow Tshirt.



Once I got back to Italy I searched for the meaning of the word on both sides of the vase and couldn’t get it. No dictionary helped and the radicals were misleading. Of course! It’s a Qing aera vase so it must have been before the 1955 simplyfication. At that point I truly couldn’t figure it out so I asked for some help. The word you see is (and you probably already know it is) a XI 3rd tone which is quite different in today’s writing. Here is the vase, and here is the modern word for it: . Yep! The 喜欢 xi. How could I have overseen that? Easy question: you try!

So, (by looking up the Oxford Chinese Dictionary) XI 3 or () means HAPPY; PLEASED; HAPPINESS or, as in 有喜了(you xi le) even EXPECTING A BABY (which is, I figure, one of the highest moments of joy in a person’s life). Happiness that is yet different from the gao xing (高兴) expression which is a status of high and pleasure and urge ; an alterated and in context XI 3!


My dear Chinese friend 赵洁 Zhao Jie from Beijing says there are four traditional sayings, that I like to cut and paste here because I find them meaningful and they pay a tribute to the figurative type of language that Chinese is, and that are rare to find today in most western languages, where metaphores, common places and images through set sayings of wishing well are not popular (any longer, because considered too conventional or simply not more in fashion than a topper). Here you go


„The chinese character on this vase is "XI"(third tone).It means happy.

We have an old saying which is there are 4 happiest things in our life:

1.金榜题名时 means when you get offer from your dream university

2.洞房花烛夜 means when you get married

3.久旱逢甘露 means when you overcome difficulties

4.他乡遇故知 means when you meet your fellow-villagers in other cities or countries“


Great! Now one more question: what is a whishing well word doing on both sides of a 4inches tall piece of pottery? In what context was it given or in what part of the house would one display it?

Oct 7, 2008

ECLS 2nd ANNUAL. DONE.

Bologna – It’s a funny feeling wearing a badge with my name stuck on my suit in the very building in which I started out college and where now, some years later, am preparing to graduate. Unfortunately I must be offhanded due to time issues though I encourage you to read the forthcoming conference summary on www.ecls.eu to get a grasp of the more or less 20 papers discussed. 

Now, on IP. Finally I witnessed a clear “lecture” on IPR. Most of the tals on IPR are either too specific for my level of achievement or are just unclear, garbled and bombastic, making it either exhausting or unclear. 

Doctor A.Wechsler (PhD student at the Max Planck Institut for intellectual property in Munich) made it clear and simple from page one to the end (Intro – issue – analysis – solution – conclusion) where she was heading: “IP as a powerful economic tool for innovation and development” and balancing IP factors, (where “balancing” is an interesting and her personal approach to IP, going beyond the classics of rights and obligations as the centre of the topic; she did so by pointing out all STAKEHOLDERS involved in the market, in any market).

She has listed a number of sensible points on the topic, but I will just quote my own notes to avoid copyright infringements to ruin my first approach to IP ! 

        IP has aroused academics shifting IP finally in a more aware economic analysis

        There must be a normative rethinking of IP

        Enterprises of any size need to understand IP as an inevitable asset

        Innovation and development comes from good IP management

        Chinese market is not the only market that will have to face major IP rethinking

        China will have to do significant investments and academic efforts in order to go beyond the crossover point where benefits overtake costs! 

Interestingly enough she has adopted a diagram that I immediately liked to call “the Wechsler IP balancer diagram” breaking IP range of influence down to simple branches. Again, I cannot risk the Copyright issues there so I will just say that it was cyclical and it involved many more than the usual factors.

Here is the data; you go ahead and do your own diagram:

        Publishers / licensees

        Invention / author / owner

        Consumer

        State ( - interests) 

Next year’s ECLS conference will be in the summer probably and might be in what was once a strong Empire’s heart. 

Did I mention Vienna?





Sep 13, 2008

GETTING READY FOR THE 2nd ANNUAL ECLS CONFERENCE (BOLOGNA & TURIN)




By the end of the month those who are going will have packed neatly for the second annual meeting of the European China Law Studies Association (ECLS). This time Italy is hosting; unfortunately not in some spa resort or on some tuscan hilltop sprinkled with pleasant shady spots for wine tasting and cheese savouring, but the chosen cities are definitely worth the journey. Extravagantly enough, the 4-day conference will be in fact split in a double location setting: in Bologna (1-2 Oct) and Turin (2-4 Oct).

Not exactly the shortest distance between the two (340 km) but the ride back and forth will definitely be an entertaining mix of shop talk and laid back chatter. Participants of all over this Chinese-interested-world will be welcomed and hosted by institutions such as the CASCC (Centre for Advanced China Studies) in Turin and - but this one's only my prediction - the Collegio di China (China Centre) that is a mixed institution partially embedded in our University in Bologna. 

Now, down to business: apparently this year the number of scheduled topics doubled and most interestingly cover horizons I wasn't expecting to be, such as TV broadcasting in China or Law and Fiction in Jiang Zilong's stories. Of course, the whole mould of traditional and ever most updated EU-China law stuff, case study, WTO agreement studies, Market Law framework study etcetera etcetera will be on the plate along with some great dishes from the Italian cuisine, still unafraid of Chinese progress..

A SHORT STAY

I am taking my second to last exam before graduation. And it's hell of an interesting exam. In Italian it's called "Diritto dell'Asia Orientale" (link to the book if you're willing to purchase it in Italian only); that would be "Law of the Far East". Of course, of all compulsory exams this was the one for me to choose, regardless the large amount of historical, technical information within it. I will sooner or later cover the topic of this book I am studying. But for today, the news regarding my upcoming China trip. 

In less than a week I shall be in Beijing again from 22-26 September and will see some people I met sometime ago and will probably be at some seminars on 

- Amendments in the appeals procedure before the EPO (European Patent Office)
- Appeal procedures updated to 31/12/2007 case law
- Biotech patentability
- Computer programs patentability

in English at the SIPO (Chinese IP Office).

I will keep busy meeting friends, checking out the housing prices for next year, the Chinese classes costs, seeing busy people getting busier and stealing some more motivation out of their words and looks and of course will be witnessing all levels of engaged traffic after the Olympics roamed the city. OK let's JIA YOU! 加油!!

Aug 14, 2008

CONSULAR SERVICE? HELLO??....HELLO?


I must get my visa papers done by september before I leave for a fortnight, but nobody is answering the phone in Milan's Visa office at the Consulate General. I have been calling every morning since Monday morning! I cannot stand this! I might as well take a train to Milan today and check out for myself! geeez... come on, jia you or what?!

Jun 17, 2008

HUA DAN - MORE THAN JUST RELIEF



I just ran into a Danwei's page and noticed a youtube video reporting on a SiChuan earthquake relief programme. I didn't expect it to turn out into what it really is. These people at HUA DAN (which literally may mean "to blossom nevertheless" 花但)who are (chinese and chinese-speaking foreigners) pros in theatre, organization, motivation and generally education, took the relief in sichuan at heart. They really boost motivation there activating games and plays that are - supposingly - aimed at de-traumatizing families and the youth from the earthquake that left so many homeless and killed more than we can imagine in that brief period. I suggest you take a look at what they do on video. Really enriching.

Apr 13, 2008

WHAT MING TOMBS? AND WHAT HISTORICAL HERITAGE PRESERVATION?


When is it you heard a Chinese asking "what on earth brings you to Beijing?". A lot of times. When is it you heard a Chinese asking you "what you’ve seen so far in the city"? Very often. When is it you heard a Chinese asking you what you think about the Ming tombs? …never?!

Right! I see many Chinese tourists in the very few Ming tombs open to the public or those unveiled at all. There are more signs telling you how much the tickets are, or to watch your step on the endless stairway sinking in the moist and gorge of the Earth than explanatory signs or posters.

After a countless number of stairways we got a funny deja-vue feeling and hit the bottom: the Ming tombs. The lack of personnel (in Chinese supermarkets you can count up to 4 employees per isle) and the vague signs said about nothing of where I was.

So I tried to figure it out pretending I just awackened. There are many tombs in the world of famous conquerors, emperors, dynasties or reckless heroes, but none of them I saw were left in such solitude. I felt the emptiness of the hearts of the poor Mings saying “hey, give the tourists a minimum notion of what we were, when and why!”. No signs, no descriptions if not “you are here, get out from there – these are the copies of the Ming tombs, emperor right, wife one on the left, wife two on the right. No pictures please.” That’s it! I know the contemporary Chinese governments never really indulged on spreading their ancestor’s history but…come on! What’s this all about?! Is it another Chinese do it yourself motto? 

Ok, forget about how abandoned the tourist feels, but how badly is national history encouraged in China? And why? I think I know - and it hurts. You’ve got to know some of your roots!

Mar 15, 2008

"GOURMAND": a gluttonous eater.

Enough bloodbaths. 80 dead.. Give the Tibetans their independence, their political prisoners held somewhere in China, give them a secured natural environment or at least a good explanation for all that denial. 49 years of struggle should no longer remain in the shade.

There is little to say about Spielberg's decision on leaving the assignment for the Olympic Games. People should know more, much more about the problem in Tibet, and India should throttle down the attitude China is asking them to emulate.

So much ado about nothing.. I was once told in China by a student my age, that the Dalai Lama was a tyrant and should never get back to Lhasa. I played surprised to her words even when she told me that he would reestablish dictatorship and make his people to slaves and the Chinese military was there to avoid such undemocratic events.

I almost chocked on the rice.

I couldn't believe what I was hearing. But then, in such a country, if people who write history books are who they are, then nothing should surprise me. I am just so terribly sorry not to be able to be in Beijing for the games to witness how bad the situation can get. I think it will be the first protest in China, from foreigners, in the middle kingdom's whole imperial history.

Still, it is highly important to recognize sovereign action and to stop protesting if we don't know the history.

The Chinese are not so stubborn not to take action and give the World and example of rational and cooperative politics although it seems that economical - more than efficient political - powers are fanning the fire. Which gets ugly, especially when people in the middle die.

What goes around comes around.

Jan 7, 2008

SIZING IT DOWN IS THE HARDEST THING. EVER.


Finding material for my “China law” thesis is much like skimming the surface of an ocean. I keep looking over my dossiers, the papers I collected, the magazines I had people buy for me, the internet pages printed out, the books I got in various countries, the rapidly sketched interviews, the conference papers and the drafts of recollections of both seminars and casual talks. And that ocean keeps getting bigger. Boundless. I close a door and three more open up. There is just too much for me to size it down for my legal thesis. I’m glad I must stick to a legal topic because I would be lost. It makes me want to buy a one way ticket for the Virgin Islands and soak in the water. Yet that has to wait. Any suggestions?

IP CONCERNS

CONTRACT LAW

COMMERCIAL LAW

LABOUR LAW AND OUTSOURCING

HUMAN RIGHTS - CENSORSHIP (again?!?) – CRIMINAL PROSECUTION

DOMESTIC JUSTICE

LOCAL ADMINISTRATION

FOREIGN INVESTMENT, LOGISTICS AND QUALITY CONTROL

GENETICS OF COPYRIGHT INFRINGEMENT

And more. But the matter is: is my thesis going to be helpful in any way? Or should I just write an ordinary paper and get the hell out of here (the university?!), the system, the country, and catch to first plane to Zhongguo? I see what you are suggesting. Still, that ocean is so vast it sort of sinks all sounds. What is it I can write of, that can be catchy and still casual in law!? Too many ideas though. I need to see my professor and stop Xeroxing and filing. Let me first get the last exams out of the way and then I’ll call it my own challenge with that ocean. Going.

Nov 13, 2007

POLYSEMICS - THE RETURN OF HE-LI 合理

Since Chinese is such a multi-level language where technical terms are conceived for the general public as much as for the qualified positions in specific fields of study or in operational sectors, it is not a surprise, that these terms are used on different levels and for most variable purposes.

And now... TO THE POINT: after receiving a brief comment from a ECLS member, saying I had pointed out too few examples about the heli 合理 implementation, I say I agree to the comment. However I must remind every reader (interested in this and maybe also in Marina Timoteo's speech held on that occasion), that the he li principle is definitely - quote - a polysemic word. Therefore it has several implications in doctrine and jurisprudence. Hence it is a principle expressed and used in more than just a handful of occasions.

It is a principle - such as the Italian doctrine has established in decades of analysis as for their domestic legal culture called principio di ragionevolezza, where jurists from the civil and from the criminal or maybe strictly contractual law make abundant use of it, yet in a experienced and carefully aimed fashion. So, of course heli 合理 principle has more than one meaning than just in contractual breaches. 

Oct 11, 2007

UPDATES IN THE ECLS SITE

This is just a flash-post-it to tell you there now is an official summary of the speeches held in Hamburg on this year's ECLS conference on European and China Law Studies on www.ecls.eu . Also the full photo album is included! Have a nice day.