Font Size: a A A

Antitrust Laws Extraterritorial Application Of Conflict Resolution Methods Analysis

Posted on:2010-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2206360275499682Subject:International law
Abstract/Summary:PDF Full Text Request
With the development of economic globalization, international monopolies and restrictive business practices continue to increase. As to the highlight of the international monopoly and the absence of international uniform law, many countries turn to resort to the extraterritorial application of national anti-trust law, and use domestic law to adjust the international monopolies or restrictive practices which impact on states. Consequently, a great many of dissentions and conflicts come with. The conflicts seriously hinder economic development, so every country should pay abundant attention to conflict problems.The author puts forward two kinds of methods in order to resolve the conflict problems: solutions under substantive law and solutions under conflict law. In terms of solutions under substantive law, there are three suggestions. Firstly, relevant countries should try to avoid or relieve the conflicts unilaterally; Secondly, after analyzing and evaluating the situation of bilateral and regional cooperation, the author points out that bilateral and regional cooperation are feasible ways to resolve problems and relevant countries should popularize this pattern. Finally, the author proposes we shall establish a unified international legal system. In terms of solutions under conflict law, this paper has discussed the feasibility of using conflicts rules to adjust conflicts in antitrust law, and has drawn conclusion that countries should follow the doctrine of the most significant relationship and make conflict rules specially. International organizations also should further study conflict rules relating to monopoly behavior in order to form convention as soon as possible.In view of legislation and judicial practice and difficult nature of resolving conflicts, this paper finally points out relevant countries should comprehensive use two kinds of methods to resolve conflicts.
Keywords/Search Tags:Conflicts, Positive comity, Negative comity, Solutions under conflict law, A unified international legal system
PDF Full Text Request
Related items