Dissertation > Excellent graduate degree dissertation topics show

Antitrust laws apply extraterritorially conflict resolution method of Exploration

Author: WangXiaoYan
Tutor: XuJunZuo
School: Foreign Service Institute
Course: International law
Keywords: Conflict Positive comity Negative comity Solution of the conflict of laws International Institute for the Unification of anti-monopoly law mechanism
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 198
Quote: 2
Read: Download Dissertation

Abstract


With the economic globalization, the increasingly frequent international exchanges, the emerging transnational monopoly and restriction of competition. The face of the increasingly prominent international monopoly behavior, countries have established the extraterritorial application of national antitrust laws, the extraterritorial application of antitrust law has become a reality. However, as countries have different national interests, in addition, the extraterritorial application of the principle of inherent conflicts and defects, as well as countries monopolize the legislative differences in a country's anti-monopoly law into his country regulation, leading to national conflicts of jurisdiction, the extraterritorial application with the applicable exemption conflict , because a number of countries through a variety of means to resist the extraterritorial application of foreign antitrust laws. Monopoly Law conflict has seriously hindered the healthy and orderly development of the economy, countries must pay full attention and resolve the problem of the extraterritorial application of conflict. Monopoly applicable conflict, the author proposes a solution of two aspects: The traditional solution substantive law and conflict of laws solution. Substantive law solution, from the three levels of recommendations: the efforts of countries in the convergence of the weakening of the extraterritorial application of the antitrust laws and antitrust laws unilaterally to avoid or mitigate the antitrust laws apply extraterritorially conflict; After a full analysis of the current situation of bilateral and regional cooperation, and to evaluate, for now, bilateral cooperation and regional cooperation is a viable way to resolve the conflict, we should learn from Europe and the United States agreement to promote bilateral cooperation; analysis to establish an international unified anti monopoly law mechanisms of necessity as well as the international community attempts to put forward recommendations for the establishment of the International Institute for the Unification of antitrust laws mechanism within the framework of the WTO. Conflict of laws, the clarify antitrust properties and the adjustment range of private international law, conflict of laws method is feasible complementary method to solve the antitrust laws of the extraterritorial application of the conflict, by comparing national legislative practice mode as well as the conflict of law rules, thus concluded: States may consider drawing on private international law legislation in Switzerland, Romania, for monopolistic behavior, the principle of the closest connection as a guide, separate provisions conflict rules, and convergence efforts to ensure that the rules of conflict of national monopolistic behavior. International organizations should be further in-depth study of the conflict rules of monopolistic behavior, to fight for the early adoption of the relevant conventions. In view of the difficult domestic and international antitrust legislation and judicial practice conditions and resolve conflicts, articles concluded that States should make comprehensive use of substantive law workaround solutions and conflict of laws, and pay full attention to the conflict of laws solution, in order to effectively solve the antitrust laws extraterritorial application of the conflict to ensure the healthy and orderly development of international and domestic economy.

Related Dissertations

  1. Secondary art teachers and students, the status of the conflict and control countermeasures,G456
  2. Research and Implementation of the Conflict Resolution in Process Modeling of Magic Platform,TP311.5
  3. The Research about College Classroom Management in Perspective of Conflict Management,G647
  4. Conflicts of interest on the South China Sea issue and China's strategic choice,D823
  5. Indirect conflict of interest barrier mechanism,D630
  6. Primary and secondary school students' evaluation of teaching right and the right of Conflict and Coordination,G632.4
  7. LZ conflict management case study college under one roof,G647
  8. An Event-Related Potentials Study for Conflict Monitoring in Attention Deficit Hyperactivity Disorder Children,R749.94
  9. The Research of the Relationship between Media Supervision and Judicial Independence,D926
  10. The Value Conflict in the Chinese Rule of Law,D909.2
  11. The Application of Using Genetic Algorithms on Universities Course-arranging System,TP18
  12. Research on Checking and Digesting Policy Conflicts Under Multi-Policy Environments,TP393.08
  13. Decision Support System of Vehicle Scheduling in Double Level Garage,TP242
  14. Access control policies based on predicates Analysis System,TP393.08
  15. Based power control MAC protocol for mobile Ad Hoc network research,TN929.5
  16. Stakeholder Perspective Graduate Recruitment System Reform,G643
  17. Review of chapter real vegetarian, \,K092
  18. The Conflict and Coordination Between the Minors’privacy and the Parent’s Guardians’ Right,D923
  19. Study on Legal Issues of the Subjectivity Medical Records,D922.16
  20. TV advertising business platform in Oracle Database Design and Optimization of ADICI,TP311.13
  21. Reseach of the Related Problem on Administrative Litigation and Criminal Proeeeding,D925.3

CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
© 2012 www.DissertationTopic.Net  Mobile