All Outputs (37)

Religious accommodation and its limits. (2024)
Journal Article
MAK, C.H.W. 2023. Religious accommodation and its limits. Journal of church and state [online], Advance Articles. Available from: https://doi.org/10.1093/jcs/csae007

As society grapples with the role and reach of religious accommodation in secular liberal societies, Farrah Raza delves into this high-stakes debate with keen insight in her thought-provoking book, Religious Accommodation and Its Limits. Raza careful... Read More about Religious accommodation and its limits..

The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law. (2024)
Journal Article
MAK, C.H.W. 2024. The Trusts and Succession (Scotland) Bill: a critical analysis of modernising Scottish trust law. Scots law times [online], 2024(5), pages 23-26. Available from: https://uk.westlaw.com

This article discusses the scope and application of the Trusts and Succession (Scotland) Bill 2021, now the Trusts and Succession (Scotland) Act 2024, which modernises the legal framework governing the appointment and removal of trustees, duties of t... Read More about The Trusts and Succession (Scotland) bill: a critical analysis of modernising Scottish trust law..

Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. (2024)
Journal Article
MAK, C.H.W. and CHIPPIN, M. [2024]. Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes. Trusts and trustees [online], Advanced Articles. Available from: https://doi.org/10.1093/tandt/ttae003

This paper examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act's Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement... Read More about Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes..

The impact of the recent EU Insolvency Directive on Scottish insolvency law. (2024)
Journal Article
MAK, C.H.W. 2024. The impact of the recent EU Insolvency Directive on Scottish insolvency law. Scots Law Times, 2024(1), pages 1-5. Available from: https://uk.westlaw.com

Considers the implications for Scottish insolvency law of the EU's Proposal for a Directive harmonising certain aspects of insolvency law (Insolvency Directive), looking at the challenges and opportunities created by the Directive's emphasis on consi... Read More about The impact of the recent EU Insolvency Directive on Scottish insolvency law..

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..

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
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..

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 [online], (accepted).

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?.

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)
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..

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..

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..

Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. (2023)
Journal Article
MAK, C.H.W. 2023. Navigating the complexities of section 100A: a look at the future of trust taxation in Australia. Trusts and trustees [online], 29(3), pages 201-207. Available from: https://doi.org/10.1093/tandt/ttad003

Section 100A of the Income Tax Assessment Act of 1936 is a provision designed to prevent arrangements in which a distribution is made to a beneficiary with a low tax rate, yet the economic benefit is conveyed or paid to a second beneficiary with a hi... Read More about Navigating the complexities of section 100A: a look at the future of trust taxation in Australia..