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Vol30 No1 March-May 2016

The Ralls implications for the National Security Review
Author: Dr Qingxiu Bu

The potential national security effect of foreign acquisitions has been a long standing issue facing the host states worldwide, which holds particular true between those adversary nations, like the United States and China. Such unexpected consequences as plausible protectionism and governance discrimination are detrimental to the global economic recovery. The creation of China’s own national security review (NSR) regime complicates further the perceived retaliatory measures. To pierce the veil of the Committee on Foreign Investment in the United States’ (CFIUS) process of NSR is conducive to mitigating unnecessary stalemate between the two world economic giants in the scenarios of cross-border investments. Ralls serves as a landmark case for a Chinese company to challenge the US President’s and CFIUS’s divesture orders. It remains uncertain of the extent to which the CFIUS’s future NSR assessment procedures will be reshaped followed by the US executive’s setback in the lawsuit. Through maintaining a predictable regulatory landscape, it is crucial to strike a balance between encouraging foreign investment and protecting national security


An overview of developments in key areas of Australian contract law
Author: Jeffrey Goldberger

The scope of good faith in Australian contract law remains unsettled. In particular, there are significant differences in the approaches of the Court of Appeal of Victoria and the Court of Appeal of New South Wales. Resolution of the issue has not been assisted by the absence of authoritative guidance from the High Court. Significantly, in the recent decision in Commonwealth Bank of Australia v Barker, the High Court in rejecting the existence in employment contracts of an implied term as to mutual trust and confidence made a number of observations on good faith generally but nothing which resolved the ultimate issue as to the role of good faith in Australian contract law. 
  • The Ralls implications for the National Security Review
    By Dr Qingxiu Bu
    page 3
  • An overview of developments in key areas of Australian contract law
    By Jeffrey Goldberger
    page 17
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