All Outputs (23)

Blockchain and smart contracts: a game changer in mediation? (2023)
Journal Article
MAK, C.H.W. and MANTE, J. 2023. Blockchain and smart contracts: a game changer in mediation? Asian journal on mediation, 2023, pages 49-64.

In light of accelerating technological innovation and shifts in dispute resolution paradigms, this article elucidates the transformative potential of blockchain technology and smart contracts in mediation. The paper posits that these advancements off... Read More about Blockchain and smart contracts: a game changer in mediation?.

Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post]. Posted on Digital law Asia [online], 6 December 2023. Available from: https://digital.law.nycu.edu.tw/blog-post/upqxqv/

The landmark ruling by the Beijing Internet Court on the copyright infringement of AI-generated images heralds a new era in the legal treatment of artificial intelligence's creative outputs. This decision, the first of its kind concerning AI-generate... Read More about Intellectual property rights in the age of AI: a comparative analysis of Chinese and us legal perspectives. [Blog post].

Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post]. Posted on Afronomicslaw: analysis, 24 November 2023. Available from: https://tinyurl.com/yrbx8ptx

In international law, the concept of solidarity is often framed in terms of mutual obligations and responsibilities primarily among states, particularly in times of crisis or need. Such a perspective is elaborated upon by the UN's Independent Expert... Read More about Digital solidarity in action: paving the way for collective resolution of sovereign debt crises. [Blog post].

So, now you are an arbitrator: the arbitrator's toolkit. (2023)
Journal Article
MAK, C.H.W. 2024. So, now you are an arbitrator: the arbitrator's toolkit. Asian journal of international law [online], 14(1), pages 208-209. Available from: https://doi.org/10.1017/S2044251323000553

In an epoch where arbitration is increasingly becoming a sine qua non for resolving international commercial disputes, the indispensability of mastering the nuances of arbitral procedures cannot be overstated. Against this backdrop, "So, Now You Are... Read More about So, now you are an arbitrator: the arbitrator's toolkit..

Utilising trust law as a mechanism for sovereign debt repayment. (2023)
Presentation / Conference Contribution
ARNELL, P. and MAK, C. 2023. Utilising trust law as a mechanism for sovereign debt repayment. Presented at the November 2023 Law School webinar, 8 November 2023 [virtual event]. Hosted on YouTube [online]. Available from https://www.youtube.com/watch?v=75jspzA5570

In this webinar, Paul Arnell and Charles Mak (both affiliated with the Robert Gordon University) will explore a creative yet rarely discussed solution to this issue - trust law. Just as trusts help individuals manage their finances, they can help cou... Read More about Utilising trust law as a mechanism for sovereign debt repayment..

"Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post] (2023)
Digital Artefact
MANTE, J. and MAK, C. 2023. "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post]. Posted on the RGU Law School Blog [online], 2nd October 2023. Available from: https://rgulaw.blog/2023/10/02/smart-contracts-versus-smart-legal-contracts-shifting-terminology/

The notion that smart contracts are not actually contracts is a common assertion found in various writings on the subject. Lawyers can be forgiven for being confused, given that "smart contracts" do not qualify as contracts in the conventional sense.... Read More about "Smart contracts" versus "smart legal contracts": shifting terminology. [Blog post].

The potential of trust law in sovereign debt restructuring. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. The potential of trust law in sovereign debt restructuring. [Blog post]. Posted on The CLS blue sky blog [online], 29 September 2023. Available from: https://clsbluesky.law.columbia.edu/author/charles-ho-wang-mak/

The interplay between sovereign debt defaults and legal frameworks has long been a subject of scholarly discourse and practical concern. Navigating this labyrinthine arena necessitates a rigorous understanding of various legal paradigms, one of which... Read More about The potential of trust law in sovereign debt restructuring. [Blog post].

Trusts across borders: steering through the EU's insolvency directive and its implications for trustees. (2023)
Journal Article
MAK, C.H.W. 2023. Trusts across borders: steering through the EU's Insolvency Directive and its implications for trustees. Journal of international banking law and regulation [online], 38(10), pages 387-391. Hosted on Westlaw. Available from: https://uk.westlaw.com

This article delves into the multifaceted roles and responsibilities of trustees in cross-border insolvencies, with a spotlight on the EU’s proposed directive aiming to harmonise insolvency law. It acknowledges the unique position of trustees who, wh... Read More about Trusts across borders: steering through the EU's insolvency directive and its implications for trustees..

Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post]. Posted on Singapore global restructuring initiative (SGRI) [online], 25 September 2023. Available from: https://tinyurl.com/fn3prbuv

Insolvency law has emerged as a complex yet vital domain in a world increasingly entangled by complex financial transactions and obligations. It acquires a new layer of complexity when we turn our gaze towards cross-border insolvencies, and in the mi... Read More about Cross-border trusts in flux: understanding the implications of the EU's proposed insolvency directive for trustees. [Blog post].

The impact of blockchain and smart contracts on dispute settlement: a case for mediation. (2023)
Presentation / Conference Contribution
MAK, C.H.W. and MANTE, J. 2023. The impact of blockchain and smart contracts on dispute settlement: a case for mediation. Presented at the 2023 TIAC (Tashkent International Arbitration Centre) Journal of international dispute settlement inaugural annual conference (TJIDS 2023): dispute settlement: the past, present and future dimensions, 14 September 2023, Tashkent, Uzbekistan.

The research is premised on two important developments, accelerating technological innovation and shifts in dispute resolution paradigms. These advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process... Read More about The impact of blockchain and smart contracts on dispute settlement: a case for mediation..

Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. (2023)
Journal Article
MAK, C.H.W. 2023. Australia: financial sector - new reforms to strengthen accountability and transparency within the industry. Journal of international banking law and regulation [online], 38(8), pages N55-N56. Available from: https://uk.westlaw.com

Reviews the aims of Australia's Financial Accountability Regime Bill 2023, the background to its creation, its failure to include individual civil penalties for infringing accountability duties, its approach to transparency, its likely implications,... Read More about Australia: financial sector - new reforms to strengthen accountability and transparency within the industry..

Ethical and legal implications of FDI in or near cultural heritage sites. (2023)
Preprint / Working Paper
MAK, C.H.W. 2023. Ethical and legal implications of FDI in or near cultural heritage sites. Columbia FDI perspectives [online], 361. Available from: http://tinyurl.com/2fbvbbnx

Cultural heritage is increasingly recognized as a productive asset. With FDI in or near cultural heritage sites (hotels, restaurants, tour operators) on the rise, many investors are capitalizing on the potential of these sites to generate income. Thi... Read More about Ethical and legal implications of FDI in or near cultural heritage sites..

Transparency in international arbitration: balancing the need for openness with the need for confidentiality. (2023)
Journal Article
MAK, C.H.W. and ROHATGI, A. 2023. Transparency in international arbitration: balancing the need for openness with the need for confidentiality. ACICA review [online], 11(1), pages 44-47. Available from: https://acica.org.au/wp-content/uploads/2023/06/ACICA_Review_Jun-2023-FF1.pdf

International arbitration is often presented as an efficient and appropriate alternative to domestic court systems for resolving conflicts. For international arbitration to be effective, it is essential that the procedure adopted be open and accounta... Read More about Transparency in international arbitration: balancing the need for openness with the need for confidentiality..

Managing sovereign debt through international tax cooperation. [Blog post] (2023)
Digital Artefact
MAK, C. 2023. Managing sovereign debt through international tax cooperation. [Blog post]. Posted on the RGU Law School Blog [online], 2 June 2023. Available from: https://rgulaw.blog/2023/06/02/managing-sovereign-debt-through-international-tax-cooperation/

Historically, sovereign debt is a complicated and diverse issue, with substantial repercussions for governments, corporations and individuals. States may incur debt in the form of bonds or other instruments in order to support public expenditure, and... Read More about Managing sovereign debt through international tax cooperation. [Blog post].

China: the establishment of the State Administration of Financial Supervision and Administration. (2023)
Journal Article
MAK, C.H.W. 2023. China: the establishment of the State Administration of Financial Supervision and Administration. Butterworths journal of international banking and financial law [online], 38(6), pages 438-440. Available from: https://plus.lexis.com/

China is currently undergoing significant financial reform, intending to establish a centralised national financial regulatory body. This change represents a stark departure from the nation's prior fragmented regulatory strategies. The primary object... Read More about China: the establishment of the State Administration of Financial Supervision and Administration..

Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. (2023)
Journal Article
MAK, C.H.W. 2023. Debts unravelled: trust law's unbiased approach to resolving sovereign defaults. Trusts and trustees [online], 29(5), pages 437-443. Available from: https://doi.org/10.1093/tandt/ttad023

Sovereign debt defaults have long ignited debate in international finance as debtors, creditors and global entities wrestle with clashing interests. Trust law emerges as a fair and objective method, with trusts formed to manage and disburse funds for... Read More about Debts unravelled: trust law's unbiased approach to resolving sovereign defaults..

Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. (2023)
Journal Article
MAK, C.H.W. 2023. Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse. INSOL world [online], 2023(1st Quarter), page 39. Available from: https://publications.insol.org/view/823629741/39/

This is a review of "Sovereign Debt Sustainability: Multilateral Debt Treatment and the Credit Rating Impasse" by Daniel Cash (Routledge, 2022). The 2007-09 global economic crisis resulted in pressing issues for many countries, especially those with... Read More about Sovereign debt sustainability: multilateral debt treatment and the credit rating impasse..

Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. (2023)
Journal Article
MAK, C.H.W. 2023. Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments. Journal of international banking law and regulation [online], 38(4), pages N16-N17. Available from: https://uk.westlaw.com/Document/I1A0AD610C2CF11EDAFD6F430EC801F0E/View/FullText.html

The Hong Kong Legislative Council passed The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (MJREO) on 26 October 2022. The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commerc... Read More about Hong Kong: civil and commercial judgments: reciprocal recognition of Hong Kong and mainland court judgments..

Navigating the multi-jurisdiction landscape of blockchain and competition law. [Blog post] (2023)
Digital Artefact
MAK, C.H.W. 2023. Navigating the multi-jurisdiction landscape of blockchain and competition law. [Blog post]. Posted on the Kluwer Competition Law Blog [online], 18 February 2023. Available from: https://competitionlawblog.kluwercompetitionlaw.com/2023/02/18/navigating-the-multi-jurisdiction-landscape-of-blockchain-and-competition-law/

Blockchain technology is a complex and innovative field that has raised questions about its potential impact on competition laws. As the use of blockchain increases, its unique characteristics - such as market power, interoperability, network effects... Read More about Navigating the multi-jurisdiction landscape of blockchain and competition law. [Blog post].

Protecting built heritage in Hong Kong. (2023)
Journal Article
GIORGALLIS, A. and MAK, C.H.W. 2023. Protecting built heritage in Hong Kong. Journal of arts management, law and society [online], 53(4), pages 266-267. Available from: https://doi.org/10.1080/10632921.2023.2169803

This is a review of "Protecting Built Heritage in Hong Kong", by Steven Brian Gallagher. Thinking about Hong Kong's cultural heritage automatically leads one to some assumptions. A first assumption that might spring to mind is the modern architecture... Read More about Protecting built heritage in Hong Kong..