Due to the unusual political and economic ties across the Strait, the trade between Taiwan and Mainland China, as two independent economic entities, can be regarded as special ¡§state-to-state¡¨ trade. Logically, Taiwanese enterprises, which have invested in Mainland China, can also be defined as special Multinational Corporates¡]MNC¡^. The utmost aims of international capital flows include lowering costs and exploiting new marketplaces. The mature industries in developed economies have been losing their competitive advantages in cost and marketing, while the developing economies are usually able to provide those MNCs with more potential markets and lower operation costs. Therefore, the enterprises in developed economies can alternatively keep their competitive edges by making use of cross-border operations and capital flows. Under the frameworks of International Product Life Cycle (IPLC) and the Diamond Model, the study aims to interpret the motivations of the capital flows and the investment location determinations among Taiwan and the economic regions in Mainland China. Want-Want group, denoted as a successful Taiwan firm in Mainland China, enjoys prosperous experiences in that market. The group categorized as food industry, which falls in the mature period of product life cycle in Taiwan. Hence, the study takes it as an example to illustrate the application of the IPLC theory in the Mainland China, and to interpret the investment local determinants by the conditions illustrated by the Diamond Model. The study has scrupulously examinated the history of Want-Want group investing at Taiwan and various economic regions in China. The findings are that when multinational corporations make foreign direct investments, the Product Life Cycle theory and Diamond Model theory can appropriately interpret the motivation and location selection respectively.

This thesis is a study on solutions for cross-border insolvency of multinational corporate groups, with particular reference to the EU Regulation on insolvency proceedings recast 2015 (EIR Recast). Multinational corporate groups are important players in the modern business world; how to treat them in cross-border insolvency context has been hotly debated. The main issue is how to preserve the value of the group under circumstances where member companies in the same group are in more than one country and subject to more than one set of insolvency law. The existing solutions include substantive consolidation, procedural consolidation proposed by cross-border insolvency law scholars, market/hybrid legal solutions aiming to avoid group-wide insolvency, and the EIR recast which unprecedentedly provides 'group coordination proceedings' to respond to this issue as a procedural cooperation framework. All these solutions will be examined in this thesis in the light of insolvency law/cross-border insolvency law theories and multinational enterprises theories. The aim of this thesis is to examine the existing solutions for cross-border insolvency of multinational corporate groups on the basis of a combination of insolvency law/cross-border insolvency law theories and multinational enterprises theories. The thesis starts from theoretical grounds of corporate rescue and argues that preservation of going concern value and respecting entity law are the goals of corporate rescue law. It further considers theories regarding multinational enterprises and its implications on developing cross-border insolvency solutions for multinational corporate groups. With an understanding of relevant theories, the thesis examines the procedural consolidation solution which focuses on insolvency jurisdictional rules. The result is that procedural consolidation may not be in line with the reality of how the groups are operated and may not provide certainty to the creditors and market. The thesis moves on to examine the market/hybrid legal solutions which purport to be able to avoid group-wide cross-border insolvency. It shows certain merits of these solutions and also reveals the limitations and uncertainty of them. Finally, it argues that a general insolvency cooperation framework- the new group coordination proceedings- is desirable to work as an alternative to the above-mentioned solutions with improved certainty. The thesis tries to improve the utility of the proceedings by providing a recommendation to one of their main weaknesses-the opt-out mechanism.