The unprecedented transformations of the world order, propelled by unparalleled extreme political and economic ideologies, that we are experiencing today violate the obligations under the World Trade Organisation. Recognising "the dignity and worth of the human person" as the core objectives that are intended to ensure world peace, The United Nations Charter mandates that nations "live together in peace", "maintain international peace and security", and refrain from the "use of force" in their mutual relations. Faced with this devastating global transformation, especially the threat to world peace, it is imperative for the international community to review and optimize the existing international order. This article proposes an effective approach to renewing and reforming the contemporary international order, rooted in Eastern culture and wisdom: "Yi Ziran", a theoretical framework and research methodology for international law centred on the cosmic view of the "Way of Nature" (Tiandao Ziran) which encompasses many philosophical thoughts such as Confucianism and pre-eminence of law and legal order. Specifically, this paper will analyse the essence and trajectory of the extremism promoted by the United States, as well as the potential choices for the international community, from the perspective of "Yi Ziran". As a strategy to counter the American extremism, it proposes that the international community should reaffirm the right to peace as a fundamental human right. Recognition of the right to peace, not only as an individual right but also a collective right under international law, will advance the realization of "the dignity and worth of the human person" under the United Nation Charter.
The process for reform of corporate restructuring laws in Hong Kong to facilitate the rehabilitation of companies in financial distress has been a difficult and protracted one. Since the late 1990s, the Hong Kong government has attempted, unsuccessfully, on a number of occasions to enact a statutory corporate rescue procedure to address gaps and problems in the existing law. The most recent attempt had led to a draft Companies (Corporate Rescue) Bill that was close to finalisation in 2020-2021, but the Bill was in the end not introduced into the legislature due to opposition from some stakeholders (such as the labour sector and small businesses) on aspects of the proposed procedure. The reform process is now stalled. It is argued in this article that the perceived difficulties were to a large extent already addressed by the draft Bill and that it is imperative for the Hong Kong government to re-start the reform process to enact reforms which are long overdue and which are vital for development and maintenance of Hong Kong's status as an international centre of commerce and finance.
Legislatures enact laws, but the relationship between what the legislature passes (legislation) and how it is applied (law) is imperfect in that the application of the law may differ from what the legislation is designed to achieve. Legislation enacted by Parliament may never be brought into effect or may be given effect in a manner that deviates from the purpose for which it was enacted. Uncommenced legislation is a significant, but much under-studied, dimension of law, styled as "law, but not law". Law interpreted or applied at variance with the legislation fails to meet the criteria of good law, but the extent to which it falls short of what it is designed to achieve is largely unexamined on any systematic basis. Introducing provision for post-legislative scrutiny provides a means for determining whether legislation is fulfilling what it is intended to achieve and may identify the need for corrective action. The challenge to legislatures is in embedding the means for such scrutiny and in effect completing a legislative feedback loop.
Farming is an essential economic activity at the base of the supply chain that fulfils the basic human need for food. At the same time, farming is exposed to specific economic, atmospheric, and biological risks that may and do cause financial distress for this pivotal sector. The relevance and peculiarity of financial distress in the farming sector have been recognised in other countries, such as the United States and Australia, which have designed specific procedures to address agricultural debt. Instead, in England, farmers do not benefit from special treatment under the Insolvency Act 1986, which applies uniformly across all economic sectors. Likewise, the topic has received little attention in the national academic discourse. Drawing on interviews with farmers' consultants and banks, this pioneering study examines the interplay between agricultural debt and insolvency law in England by analysing the use of insolvency law in the agricultural sector. First, the article discusses the challenges farmers face in accessing and operating within the current English insolvency regime, highlighting the sector's needs. Secondly, based on a comparative study with other legal systems, such as the United States and Australia, this article suggests reform routes to the current English approach to farmers' financial distress.
This article analyzes China's cautious integration of ad hoc arbitration through the 2021 and 2025 Draft Amendments to the Arbitration Law, which initially expanded but subsequently restricted its application to foreign-related maritime disputes and Free Trade Zone (FTZ)-registered enterprises, reflecting persistent institutional and judicial reservations. Despite progressive enforcement in Shanghai's FTZs, nationwide inconsistency and procedural ambiguities create significant uncertainty for investors, who face both opportunities for flexible dispute resolution and risks of unenforceability. The reforms particularly benefit cross-border investors utilizing FTZ structures and UNCITRAL Rules, yet the narrow scope excludes many commercial disputes and maintains China's dual-track arbitration system. To optimize outcomes, investors should strategically qualify transactions as foreign-related, designate FTZ seats, and adopt recognized procedural frameworks, while China requires legislative expansion to domestic cases, clearer tribunal formation rules, and standardized model procedures. Complementary government measures should include specialized judicial training, institutional support systems, and enforcement harmonization to bridge regional disparities. These coordinated improvements would align China's arbitration framework with international standards, enhance procedural predictability, and strengthen its position as an emerging hub for international commercial arbitration, ultimately benefiting both foreign investors and domestic commercial parties seeking efficient dispute resolution mechanisms.
