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LAW (713 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 20)
Administrative Law Review     Open Access   (Followers: 40)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 17)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 3)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 17)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 13)
American Journal of Legal History     Full-text available via subscription   (Followers: 6)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 5)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 24)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access   (Followers: 1)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 149)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 9)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 16)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 42)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 24)
Conflict Trends     Full-text available via subscription   (Followers: 9)
Cornell Law Review     Open Access   (Followers: 8)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 3)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 26)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 16)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 11)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 23)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 5)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 143)
European Public Law     Full-text available via subscription   (Followers: 35)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 30)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 5)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
Fordham Environmental Law Review     Open Access   (Followers: 4)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 18)
Fordham Law Review     Open Access   (Followers: 14)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)

        1 2 3 4 | Last

Journal Cover East Asia Law Review
  [1 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 1943-8249
   Published by U of Pennsylvania Homepage  [12 journals]
  • Challenges and Opportunities for the Indonesian Securities Takeover
           Regulations: A Comparative Legal Analysis

    • Authors: Yozua Makes
      Abstract: This article examines the extent to which the rules in Indonesia concerning the takeover of a publicly listed company: (1) facilitate an efficient exchange of shares in the capital market with fair protection for all stakeholders in a takeover transaction pursuant to Good Corporate Governance (“GCG”) principles; and (2) uphold principles and protection provided by the securities laws of more developed jurisdictions. These issues are addressed by analyzing the prevailing securities regulations and GCG rules in Indonesia. A comparative discussion of laws and regulations in Indonesia and the Netherlands follows. The article highlights several important findings from which the Indonesian legal system can learn from both European and Dutch takeover laws. First, Indonesia has been experiencing a trend toward a lower mandatory bid threshold requirement in order to facilitate a more active takeover market. The share percentage threshold for triggering a mandatory offer in Indonesia is lower than that of the Netherlands, although in Indonesia, control can be assessed by the degree of one’s influence within the company’s governance. In pricing the mandatory bid, the two countries adopt a different approach, but the Netherlands arguably adopts a more case-specific approach through the active involvement of its judiciary. Regarding disclosure of the control structure, the shareholding structure of the target company in the Netherlands is more advanced because it captures indirect structures, such as pyramid structures or cross ownership. Indonesia can also learn from its European counterpart in relation to the employee involvement in proceeding with a takeover deal. In the Netherlands, as in Indonesia, the employee does not have the authority to approve or disapprove a takeover; however, employees have the right to receive information, consultation rights, and a dispute settlement forum specifically for labor matters in the event of a change of corporate control. Indonesian law, on the other hand, prescribes that a takeover must take into account the employees’ interests without setting out further detailed rules. Finally, the role of the judiciary in Indonesia must be improved in order to provide a fair, orderly, and efficient capital market.
      PubDate: Wed, 20 Nov 2013 06:01:27 PST
       
  • China's Orphan Welfare System: Laws, Policies And Filled Gaps

    • Authors: Anna Jane High
      Abstract: This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is first contextualized by an introduction to the demographics of children cared for in state and non-state welfare institutions; prevailing social and cultural attitudes to their rights and entitlements; and the complex nexus between the politically high-stake issue of birth planning and the arguably consequent vulnerability of such children. The article then introduces formal laws and policies relating to the care of orphans, including government duties and responsibilities towards this vulnerable population. The findings of empirical fieldwork carried out in China examining the role of ‘non-legal’, unregistered and unrecognized non-state actors/NGOs in filling gaps left by the formal state orphan welfare system are then presented. Although the Chinese government claims to take responsibility for orphans, and ostensibly monopolizes the running of orphanages, it is failing to recognize, regulate or oversee the prolific number of private orphanages that have emerged in the last three decades in response to perceived gaps in state-provided services. The emergence of unregulated non-state orphanages, and the gap between child welfare laws and policies, on the one hand, and practice on the other, has resulted in lines of stratification being drawn among Chinese orphans in terms of their access to care and adoption prospects. The implementation of clearer policies, and improved access to formalized state support for the currently informal non-state sector, is needed to promote better outcomes for vulnerable children and care-givers alike, as well as to better guard against sub-standard practices and neglect of orphans.
      PubDate: Wed, 20 Nov 2013 06:01:27 PST
       
  • Pure Software in an Impure World' WINNY, Japan's First P2P Case

    • Authors: Ridwan Khan
      Abstract: In 2011, Japan’s Supreme Court decided its first contributory infringement peer-to-peer case, involving Isamu Kaneko and his popular file-sharing program, Winny. This program was used in Japan to distribute many copyrighted works, including movies, video games, and music. At the district court level, Kaneko was found guilty of contributory infringement, fined 1.5 million yen, and sentenced to one year in prison. However, the Osaka High Court reversed the district court and found for Kaneko. The High Court decision was then affirmed by the Supreme Court, which settled on a contributory infringement standard based on fault, similar to the standard announced by the United States Supreme Court in MGM Studios v. Grokster, though the two situations differ in many key respects. This article examines the Japanese decision through the lens of the U.S. regime developed in Grokster and Sony Corporation of America v. Universal City Studios, Inc. This article also explores a common complaint of those who oppose broad copyright rules: the idea that contributory infringement judgments and litigation hamper technological innovation. While critics note that the Winny litigation has had a chilling effect on Japanese Internet and software development, it is likely that Japan’s Internet “lag” can be attributed to other factors.
      PubDate: Tue, 19 Nov 2013 13:51:23 PST
       
  • War on the Korean Peninsula' Application of Jus in Bello in the
           Cheonan and Yeonpyeong Island Attacks

    • Authors: Seunghyun Sally Nam
      Abstract: The media often reports that the Korean Peninsula is ‘technically at war’, but there is still uncertainty surrounding the issue of whether the Korean Peninsula is, as a matter of law, in a state of war. This legal issue has now become particularly important as the International Criminal Court released a statement on December 6, 2010 in which it opened a preliminary examination of whether the sinking of the South Korean warship, the Cheonan, which was found to be a result of a torpedo attack from a North Korean submarine, and artillery attacks from North Korea that occurred near Yeonpyeong island constitute war crimes under the jurisdiction of the Court. In order for the two attacks to constitute war crimes, the laws of war – or jus in bello - must have taken effect at the time of the two confrontations. But with the conclusion of the Korean Armistice Agreement in 1953, questions now arise as to whether the two attacks can be considered to have occurred in the context of a “war” or an “armed conflict” under international law. This article, therefore, analyzes the concept of war and armed conflict, general legal effects of armistice agreements and the effect of declarations of war under international law in relation to the situation surrounding the Korean Peninsula. If these two military confrontations did occur in the context of a war or an armed conflict, the ICC could potentially punish the individuals responsible for the attack for committing war crimes. If such a nexus cannot be proved, however, it would be difficult for the ICC to pursue accountability of individuals responsible for the attacks.
      PubDate: Tue, 19 Nov 2013 13:51:23 PST
       
  • Courtroom Drama With Chinese Characteristics: A Comparative Approach to
           Legal Process in Chinese Cinema

    • Authors: Stephen McIntyre
      Abstract: While previous “law and film” scholarship has concentrated mainly on Hollywood films, this article examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama. Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, instead centering on the punishment of decidedly guilty criminals. The moral clarity and punitive sense of justice that characterize gong’an drama are manifest in China’s modern-day legal system and in Chinese cinema. An analysis of Tokyo Trial, a 2006 Chinese film about the post-World War II war crimes trial in Japan, demonstrates the lasting influence of gong’an drama. Although Tokyo Trial resembles Hollywood courtroom drama in many respects, it remains faithful to the gong’an model. This highlights the robustness of China’s native gong’an tradition and the attitudes underlying it.
      PubDate: Tue, 19 Nov 2013 13:51:22 PST
       
  • Obstacles to Integrative Medicine: The Case of Traditional Chinese
           Medicine in Taiwan

    • Authors: Chih-hsiung Chen
      Abstract: The model of regulations on Traditional Chinese Medicine (TCM) in Taiwan is often categorized as “equalization” or “non-discriminatory,” though in reality the TCM practice is unequally regulated or even marginalized. The thesis of this Article is that medical licensing law in Taiwan played a major role in marginalizing TCM in the medical system and thus delayed the acceptance of TCM by orthodox medicine. First, this Article will describe the “separate-but-equal” doctrine in determining the scope-of-practice issue of TCM regulations. The doctrine exclusively defines the practice boundaries of TCM doctors, thereby obstructing the modernization of TCM practices. Some examples indicate this issue is equally important in the Western world. Second, this article will examine why medical licensing law can be an obstacle in the integration of TCM and modern scientific medicine (MSM). This Article adopts Thomas Kuhn’s paradigm theory to explain the active function of licensing law in purifying and reinforcing the collective beliefs of a scientific community. Additionally, it explains why medical licensing law in Taiwan should be amended to allow TCM doctors to integrate MSM and other complementary and alternative medicine (CAM) traditions into their practices. Finally, the Article proposes the term “competitive professionalism” as an alternative principle to replace the segregation policy on the scope-of-practice issue. This principle views healthcare professions as competing entities that share the same pool of medical knowledge, and which should serve for the benefit of all patients. The intersections between intellectual property rights and antitrust law can be metaphors for the functions of title protection and scope-of-practice settings. The practice boundaries of healthcare professions should be set up in reference to the training and education of such professions. Under this model, medical licensing law will suit the social demands put on integrative medicine and medical pluralism.
      PubDate: Tue, 19 Nov 2013 12:51:06 PST
       
  • Improving Cross-Border Investment Regulation: A Case Study of China's
           Largest and Least Known Sovereign Wealth Fund

    • Authors: Margalit Faden
      Abstract: This paper highlights current problems in the international regulatory regime governing sovereign wealth funds by examining Chinese-funded Safe Investment Company’s equity investments into three Australian banks. It proceeds by analyzing how the operative laws and international agreements governing those investments--Hong Kong law, Australian law, the New York Convention, and customary international law—fail in part to adequately regulate the cross-border investments of one of the largest and most opaque sovereign wealth funds in the world. Assessment of existing legal oversight and Hong Kong’s strict absolute sovereign immunity stance leads to the conclusion that the Safe Investment Company’s investments must be closely regulated. As sovereign wealth increasingly makes its way across borders, domestic or regional legislation accounting for the unique considerations attached to sovereign wealth investments must be carefully crafted by both developing and developed countries. As such, communication channels between “like economies” need to be established to consider how best to regulate such investments. Additionally, discussions must be held between those countries that have already developed foreign investment policies sensitive to opaque investment of sovereign wealth and those that have not.
      PubDate: Tue, 19 Nov 2013 12:51:05 PST
       
  • Consumer Finance and Financial Repression in China

    • Authors: Evan Oxhorn
      Abstract: China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer capital has primed the Chinese economy for an economic collapse by encouraging unsustainable asset bubbles. Ironically, this very problem makes it impossible for China to liberalize its consumer finance system, lest a shortage of easy capital precipitate a collapse. China’s elite are also against financial liberalization because it is not in their personal interest. Ultimately, meaningful liberalization of China’s consumer finance system is unlikely because change would require the type of political-legal liberalization which China’s government has been unwilling to pursue
      PubDate: Tue, 19 Nov 2013 12:31:42 PST
       
  • Gauging the Economic and Political Costs to China of Article 13(b)
           Referrals of Sudan and Myanmar to the International Criminal Court

    • Authors: Stewart Manley
      Abstract: Encouraging reports of dramatic reforms in Myanmar since late 2011 hide an ugly past. Until the recent developments, numerous allegations of government-perpetrated war crimes and crimes against humanity had evoked growing support for a U.N.-led commission of inquiry and a potential referral of Myanmar to the International Criminal Court. Perhaps the largest perceived obstacle to invoking these international justice mechanisms was the anticipated opposition of China, a veto-wielding member of the U.N. Security Council and longstanding ally of Myanmar. This article argues that, to the contrary, there is strong evidence that China would not block international efforts to prosecute Myanmar perpetrators of grave crimes. The combination of three factors in particular support this proposition: first, China’s voting record on the U.N. Security Council reflects a strong reluctance to use its veto power; second, economic growth, political stability, and international prestige—instead of the defense of other countries’ sovereignty—have become paramount to China’s foreign policy; and third, in 2004 and 2005, China declined to veto a Commission of Inquiry and referral to the ICC of Sudan, another important ally. The article suggests that China would also be unlikely to exercise its veto power in connection with Myanmar because the economic and political costs of permitting a Commission of Inquiry and referral to the ICC of Myanmar are no greater than those that were associated with Sudan. While recognizing that economic and political costs are not the only factors that influence China’s decisions on the U.N. Security Council, and that the political environments and nature of crimes in Sudan and Myanmar are different, the article’s comparative analysis seeks to demonstrate how “no” votes on investigating and prosecuting crimes in Myanmar would nevertheless be out of character for China.
      PubDate: Tue, 19 Nov 2013 12:31:41 PST
       
  • Corporate Elections and Shareholder Proposal Rights: from Case Studies in
           South Korea

    • Authors: Hye-Sung Kim
      Abstract: The idea of whether or not the shareholders of public firms should obtain access to the firms’ proxy materials has been controversial in the United States. The continual disagreements surrounding proxy access reforms demand the necessity of looking at other countries that already allow shareholder access to a company’s proxy. This article aims to explore the concerns and issues of shareholder proposal rights for corporate elections and shareholder access in South Korea and to provide considerations for an improved regime. Towards this end, this author conducted a case study of the shareholder proposals of public firms listed on the Korea Exchange over the periods 2007 through 2009. The analysis of the data suggests that shareholder proposals for director nominations have seldom been exercised for large public firms, especially chaebols—the large, family-controlled Korean corporate groups. Consequently, the current standards for a gradated shareholder eligibility requirement should be reconsidered, thus enabling shareholder nomination rights to function as an effective means to control agency problems in large public firms. Having cumulative voting systems and voting restrictions in auditor elections entail greater risks that directors or auditors representing special interests may be elected through shareholder nominations. In particular, considering the relatively large number of unsupported auditor nominations, a stricter requirement for auditor candidate nominations might mitigate the disadvantages of frivolous auditor nominations. In terms of nominating purposes, more than half of shareholder proposals were found to be utilized for the purpose of pursuing takeovers of control rights in South Korea, where there is no limitation on the number or qualification of directors to be nominated by shareholder proposal rights. This invites a reexamination of the proper scopes of shareholder nomination rights in conjunction with shareholder proxy access, depending upon the size of nomination. On the other hand, the fact that nominating shareholders frequently conduct a separate proxy solicitation shows that the current regime does not provide a sufficiently effective method for nominating shareholders. Future studies should include the effects of the exercise of shareholder nominations on enhancing corporate governance of the firms.
      PubDate: Tue, 19 Nov 2013 12:31:40 PST
       
  • W(h)ither the Idea of Publicness' Besieged Democratic Legitimacy under
           the Extraconstitutional Hybrid Regulation across the Taiwan Strait

    • Authors: Ming-Sung Kuo
      Abstract: Hybrid regulatory bodies have been credited for functioning as an institutional bypass around the bureaucratic procedures and providing expedient responses to the changing needs of administrative governance. As hybrid regulatory bodies are utilized in transnational regulation, however, concerns have arisen over the lack of transparency and the evasion of accountability in the face of the informality and flexibility characteristic of hybrid regulatory bodies. This Article aims to explore the issues surrounding the democratic legitimacy of transnational hybrid administration through a case study of the Cross-Straits Economic Cooperation Committee (CSECC) provided in the Economic Cooperation Framework Agreement between the Straits Exchange Foundation and the Association for Relations Across the Taiwan Straits, two private legal bodies on behalf of Taiwan and China, respectively. I argue that the CSECC is deliberately designed to avoid the institutional features associated with the idea of publicness. Both traditional constitutional design and global administrative law fall short of restoring the idea of publicness in transnational hybrid administration in the hybrid cross-strait economic regulation. As a result, the idea of publicness is withering away in the cross-strait economic regulation, laying siege to the democratic legitimacy of the extraconstitutional hybrid administration across the Taiwan Strait.
      PubDate: Tue, 19 Nov 2013 12:31:39 PST
       
  • Governing Financial Disputes in China: What Have We Learned From the
           Global Financial Crisis of 2008'

    • Authors: Robin Hui Huang et al.
      Abstract: In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai Courts' financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, it provides insight into which institution is best positioned to handle financial-related cases, discusses prospects for coordination between the two, and sets out proposals for further reform. Initial findings suggest that given CIETAC's limited exposure to banking and financial-sector disputes, in the immediate term, parties should seek resolution through local financial division dispute resolution mechanisms, such as the financial division of the Shanghai Courts. In the long term, prospects for greater strengthening of national mechanisms such as CIETAC and the Securities Dispute Resolution scheme will provide additional avenues of recourse.
      PubDate: Tue, 19 Nov 2013 12:01:11 PST
       
  • Clashing Kingdoms, Hidden Agendas: The Battle to Extradite Kwok-A-Sing and
           British Legal Imperialism in Nineteenth-Century China

    • Authors: Jennifer Wells
      Abstract: This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing to China. In the process, the paper considers how Britain and other Western powers (including the United States) invariably used law to subordinate China, facilitating a cultural alienation and humiliation whose effects continue to dog Sino-Western relations. It accordingly makes legal history relevant to understanding contemporary international politics.
      PubDate: Tue, 19 Nov 2013 12:01:09 PST
       
  • Attempting to Go Beyond Forgetting: the Legacy of the Tokyo IMT and Crimes
           of Ciolence Against Women

    • Authors: Caroline Joan (Kay S. Picart
      Abstract: This article begins by first focusing on the Tokyo IMT's heritage of collective forgetting in relation to instances of systematized violence against women, especially the establishment of comfort stations in territories formerly occupied by the Japanese Imperial Army. In specific, after the Introduction, it describes the international political, legal and military factors that led to the formation of the Tokyo IMT; a brief overview of the trial; the political and pedagogical functions of the Tokyo IMT; and legal and extra-legal devices of the Tokyo IMT. Subsequently, it points out key differences between the Nuremberg and Tokyo Trials, in terms of their legal and political strategies and aims. From there, it analyzes the Tokyo IMT's legacy of forgetting crimes of violence against women, especially the crimes against the comfort women, which included a collusion of amnesia imposed by the Allied powers with the Japanese Imperial government, through the exploitation of various legal loopholes in international law. From there, it moves from the Tokyo IMT's specific history to a broader analysis of the functions of crimes of violence against women during wartime conditions in the twentieth century and why such crimes, for the most part, have been invisible. To close, the article assesses the strengths and weaknesses of various ways in which women suffering such wartime crimes of violence, inclusive of the comfort women, may seek redress for such crimes.
      PubDate: Tue, 19 Nov 2013 12:01:08 PST
       
  • Resolving Constitutional Disputes in Contemporary China

    • Authors: Keith Hand
      Abstract: Beginning in 1999, a series of events generated speculation that the Chinese Party-state might be prepared to breathe new life into the country's long dormant constitution. In recent years, as the Party-state has strictly limited constitutional adjudication and moved aggressively to contain some citizen constitutional activism, this early speculation has turned to pessimism about China's constitutional trajectory. Such pessimism obscures recognition of alternative or hybrid pathways for resolving constitutional disputes in China. Despite recent developments, Chinese citizens have continued to constitutionalize a broad range of political-legal disputes and advance constitutional arguments in a variety of forums. This article argues that by shifting focus from the individual legal to the collective political dimension of constitutional law, a dimension dominant in China's transitional one-party state, we can better understand the significance of the constitution in China and identify patterns of bargaining, consultation, and mediation across a range of both intrastate and citizen-state constitutional disputes. Administrative reconciliation and "grand mediation," dispute resolution models at the core of recent political-legal shifts in China, emphasize such consultative practices. This zone of convergence reveals a potential transitional path for resolving constitutional disputes. Specifically, the Party-state could choose to adapt and apply the grand mediation model in the context of constitutional disputes. Grand mediation involves a multilevel, Party-state political consultation that preserves a limited but meaningful role for the judiciary. An adaptation of the grand mediation framework would provide an indigenous dispute resolution model for resolving constitutional disputes, regularizing informal constitutional dispute resolution practices, and bringing judges to the constitutional interpretation table. At the same time, it would take account of the realities of China's current political environment. Chinese reformers could use such a mechanism (or existing informal dispute resolution practices) to advance their long-term goals of facilitating citizen-state consultation, reform concessions, and further the diffusion of constitutional norms through the Chinese polity.
      PubDate: Tue, 19 Nov 2013 12:01:08 PST
       
  • Introduction and Suggestions on the Chinese Securities Credit Rating
           System from a Comparative Perspective

    • Authors: Yinping Xu et al.
      Abstract: Credit rating is a burgeoning industry in China. However, ever since it was established by State Council in 1993, the development of the industry has faced various impediments. There are currently three major problems hindering its further development, as result of a lack of systematic statutory and judicial guidelines. These problems are: limited competition in the industry, rampant rating shopping and conflicts of interest, and limited remedy in a suit against false ratings. The rating industry in China has followed a different pattern. The statutory threshold requirement has proven too demanding for most rating agencies to comply with, barring many potential participants from the market. In addition, provisions prohibiting rating shopping and regulating conflicts of interest are narrowly drawn, targeting only direct conflicts of interest. While freedom of speech remains an invalid defense, judges' reluctance to recognize substantial intangible harm combined with an insufficient judicial framework together make it hard for plaintiffs to prevail in lawsuits against false ratings.
      PubDate: Tue, 19 Nov 2013 11:46:02 PST
       
  • Civil Mediation in Taiwan: Legal Culture and the Process of Legal
           Modernization

    • Authors: Yun-Hsien Diana Lin
      Abstract: The process of legal modernization in Taiwan began in 1895, when the Japanese colonial government first imposed westernized modern law on Taiwan. Before 1895, the code of imperial Ch'ing - deeply influenced by the Confucian legal culture which emphasized social harmony and opposed lawsuits - had been the state law for more than two centuries. A second major transition started in the 1920s, during which Taiwanese people gradually became accustomed to access modern courts for their civil disputes, and the number of civil lawsuits eventually surpassed that of cases under mediation. The positive attitude toward civil litigation continued after the Nationalist government retreated to Taiwan in 1949. As a historical coincidence, the Nationalists also applied German- and Japanese-style legal codes in Taiwan, including double tracks of town mediation and family court mediation. Besides addressing this "law-versus-custom" dichotomy, the following article concerns itself mainly with the continuing and ever-evolving process of dialectic and mutual resistance between the different legal orders.
      PubDate: Tue, 19 Nov 2013 11:46:01 PST
       
  • The Unhelpfulness of Treaty Law in Solving the Sino-Japan Sovereign
           Dispute over the Diaoyu Islands

    • Authors: Chi Manjiao
      Abstract: The sovereignty dispute over the Diaoyu Islands between China and Japan is a sensitive issue touching upon various aspects of international law. One of the major claims of both countries is whether the Islands have been ceded to Japan, and if so, have they been reverted to China. Since cession and reversion were completed through a series of treaties, this paper explores the dispute by evaluating treaty law. The paper first outlines three sovereignty claims over the Islands and then provides a chronological review of the pertinent treaties. It then discusses the non-applicability contention and the treaty interpretation contention, two interpretations popular among mainland Chinese scholars. The article concludes that treaty law cannot provide a satisfactory solution to the dispute and suggests that both countries should resort to other international laws of territorial acquisition and strive for more innovative political solutions.
      PubDate: Tue, 19 Nov 2013 11:46:00 PST
       
  • The United States - Korea Free Trade Agreement: Path to Common Economic
           Prosperity or False Promise'

    • Authors: Yong-shik Lee et al.
      Abstract: The U.S.-Korea Free Trade Agreement, currently awaiting ratification in the legislatures of both countries, is known to be the most significant bilateral trade agreement for the United States since the conclusion of the North America Free Trade Agreement (NAFTA) in 1993 and for Korea since the initiation of the FTA drive in 2003. Both governments have promoted the U.S.-Korea FTA as the trade agreement that will enhance trade between the two countries and promote economic prosperity. The article critically reviews the inherent features of the U.S.-Korea FTA and examines whether the FTA is expected to promote the promised economic prosperity for both countries. The article also discusses prospects and impacts of the FTA on creating even larger free trade agreements between East Asia and North America and between East Asia and Europe.
      PubDate: Tue, 19 Nov 2013 09:01:07 PST
       
  • Japan's Prosecutorial Review Commissions: Lay Oversight of the
           Government's Discretion of Prosecution

    • Authors: Hiroshi Fukurai
      Abstract: No abstract available
      PubDate: Tue, 19 Nov 2013 09:01:06 PST
       
  • Whatever-ism with Chinese Characteristics: China's Nascent
           Recognition of Private Property Rights and Its Political Ramifications

    • Authors: Kai Wang
      Abstract: No abstract available
      PubDate: Tue, 19 Nov 2013 09:01:06 PST
       
  • Financial Crisis and Risk Management: Reassessing the Asian Financial
           Crisis in Light of the American Financial Crisis

    • Authors: Jongmoo Jay Choi et al.
      Abstract: No abstract available.
      PubDate: Tue, 19 Nov 2013 08:50:51 PST
       
  • Corporate Law in the Shaghai's People's Court, 1992-2008:
           Judicial Autonomy in a Conemporary Authoritatian State

    • Authors: Nicholas Calcina Howson
      Abstract: In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new Company Law, a new, if partial, limitation on institutional autonomy seems to be at work, as the Shanghai People's Courts refused to accept or adjudicate claims explicitly permitted in the revised 2006 statute but not yet elaborated in Supreme People's Court Regulation. This reaction is perverse, as the same Courts had liberally adjudicated the same claims before 2006 without any statutory or Supreme People's Court Regulatory authorization. That strange dynamic illustrates the bureaucratic embedding of the People's Courts in China's modified authoritarian system and how such entrenchment can divert or constrain the progressive autonomy won by the same Courts in the formal legal system. The conclusions have positive and negative aspects. On the positive side, there is significant momentum toward ever-increasing competence and autonomy of the People's Courts in Shanghai, at least for the application of corporate and commercial law. On the negative side, a familiar paradox may be at work: with formal substantive law and institutional "modernization" promised and even partially delivered alongside equally apparent failures in the exercise of judicial autonomy, the result may be to de-legitimize the very institutions offered by the state and ruling Party as twin pillars of "modern" governance and "rule of law."
      PubDate: Tue, 19 Nov 2013 08:45:51 PST
       
  • Opportunities and Challenges for Gender-Based Legal Reform in China

    • Authors: Rangita de Silva de Alwis
      Abstract: No abstract available
      PubDate: Tue, 19 Nov 2013 08:45:50 PST
       
  • Korean Legal Education for the Age of Professionalism: Suggestions for
           More Concerted Curricula

    • Authors: Young-Cheol K. Jeong
      Abstract: No abstract available
      PubDate: Tue, 19 Nov 2013 08:45:49 PST
       
  • From the 1997-98 Asian Financial Crisis to the 2008-09 Global Economic
           Crisis: Lessons from Korea's Experience

    • Authors: Bang Nam Jeon
      Abstract: No abstract available.
      PubDate: Tue, 19 Nov 2013 08:31:01 PST
       
  • The Asian Financial Crisis in Retrospect - Observations on Legal and
           Institutional Lessons Learned After a Dozen Years

    • Authors: John W. Head
      Abstract: In this contribution to the Review symposium on the Asian Financial Crisis, Professor Head examines how, in retrospect, we should view that tumultuous set of developments and the lessons they offered. After tracing the causes and triggers that set the crisis in motion in 1997, and identifying what paths toward recovery the three countries hardest-hit - Thailand, Indonesia, and South Korea - took over the years that followed, Head focuses on certain international legal and institutional aspects of the crisis. He gives particular attention to the International Monetary Fund ("IMF"), first by summarizing the "cacophony of criticisms" directed at the IMF over its involvement in the Asian Financial Crisis and then by examining numerous ways in which the IMF has responded (or failed to respond) to those criticisms. Head closes with some observations about what lessons were "offered" and which lessons were "learned" as a result of the Asian Financial Crisis - and also with a cautionary note about the difficulties inherent in any international regime designed to respond to the unexpected.
      PubDate: Tue, 19 Nov 2013 08:31:00 PST
       
  • The Asian Financial Crisis and Warning Indicators - Then and Now

    • Authors: Dominick Salvatore et al.
      Abstract: This paper presents data on the financial crisis in East Asia that started in Thailand in July 1997 and then spread to other emerging Asian economies and the rest of the world, and the warning indicators that were used to predict that crisis. The causes of the current financial and economic crisis in Asia are then examined as well as the reason that the same indicators could not predict the current Asian crisis. Basically, Asian economies introduced significant structural changes after the 1997-1998 crisis, which prevented a crisis similar to the one that afflicted them in 1997-1998. The current financial crisis in Asia was imported from abroad and resulted from a contagion from the financial and economic crisis in the United States and other advanced nations when they sharply cut their imports and reduced their capital exports to Asian countries and other emerging market economies.
      PubDate: Tue, 19 Nov 2013 08:30:59 PST
       
  • Rotten to the Core: Project Capture and the Failure of Judicial Reform in
           Mongolia

    • Authors: Brent T. White
      Abstract: Despite claims by international donor agencies that judicial reform efforts in Mongolia have been a great success, this Article argues that Mongolian courts continue to grossly lack integrity, transparency, and accountability-and are perceived by the Mongolian public as more corrupt today than when donor-funded judicial reform efforts began almost a decade ago. This Article further argues that the failure of judicial reform in Mongolia stems in significant part from the "capture" of donor-funded judicial reform efforts by elites within the Mongolian judicial sector. It concludes that the inherent tendency for project capture in the "institution-building" approach to judicial reform that international donor agencies favor should add to calls to limit the approach in favor of bottom-up efforts to push for meaningful judicial reform.
      PubDate: Tue, 19 Nov 2013 08:20:43 PST
       
  • Reparations to Victims of Gross Human Rights Violations: The Case of
           Cambodia

    • Authors: Hao Duy Phan
      Abstract: The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. In so complicated a case as Cambodia's, there are many questions regarding the reparations issue that are left unanswered. This Article examines the issue and offers some recommendations for a feasible and effective reparation program for the Khmer Rouge's victims.
      PubDate: Tue, 19 Nov 2013 08:20:43 PST
       
  • Getting Citizens Involved: Civil Participation in Judicial Decision-Making
           in Korea

    • Authors: Jae-Hyup Lee
      Abstract: Korea introduced civil participation in criminal trials (jury trials) for the first time in the nation's history on January 1, 2008. The Korean jury system incorporates both the U.S.-style jury system and the German lay assessor system to assess the actual experience of citizen participation in trials during the initial five year experimental phase. This Article first delineates the background history of the introduction of the jury system in Korea and explains the relevant legal provisions. Then the Article discusses problems that have arisen, implications for the future, and important remaining research questions based on the experience of the first year of the system. The Article concludes with cautious optimism that jury trials in Korea will, even if in a very limited scope, change fundamental aspects of criminal trials in general, and modify the role of the judge, the trial strategies of both prosecutors and defense attorneys, and the evidentiary rules that are applicable to court proceedings.
      PubDate: Tue, 19 Nov 2013 08:20:42 PST
       
  • The Entity that Dare Not Speak Its Name: Unrecognized Taiwan as a
           Right-Bearer in the International Legal Order

    • Authors: Brad Roth
      Abstract: James Crawford's magisterial 2006 second edition of The Creation of States in International Law, updating his 1979 text in light of the intervening period's vast accumulation of international practice, was much awaited in Taiwan, which has seen a major transformation in its external relations over the last quarter-century. Though Crawford asserts that "the suppression by force of 23 million people cannot be consistent with the [United Nations] Charter," and that therefore "[t]o that extent there must be a cross-Strait boundary for the purposes of the use of force." He finds that "Taiwan is not a State because it still has not unequivocally asserted its separation form China and is not recognized as State distinct from China." Apart from its dysfunctionality in encouraging Taiwanese to believe that a more definitive expression of their desire for statehood is all that stands in the way of their goal, Crawford's analysis is not persuasive on the merits. Contrary to the prevailing objective theory of statehood that Crawford reaffirms, it is the tacit positions adopted by reacting states, whether in coordination or simply in the aggregate, that determine whether an entity possesses the rights, powers, obligations, and immunities of statehood. By this gauge, Taiwan's legal status is indeterminate. There is much concrete behavior of the community of states toward Taiwan that confutes the official rhetoric of non-recognition of Taiwan's independence. The case for attributing to Taiwan the properties of statehood improves the more that Taipei can establish external relationships beyond the permissible confines of mere de facto recognition and inconsistent with the PRC assertions of sovereign prerogative over Taiwan's external affairs.
      PubDate: Tue, 19 Nov 2013 06:55:30 PST
       
  • The New Japanese Jury System: Empowering the Public, Preserving
           Continental Justice

    • Authors: Ingram Weber
      Abstract: Japan's new mixed jury system (dubbed the saiban-in) is designed to democratize the criminal legal process. Many observers fear that professional judges will undermine this goal by using their influence to pressure lay persons into adopting the opinions of the court. This Article argues that fear of judicial domination has obscured a second set of objectives and that the saiban-in is also designed to maintain consistent and predictable decisions on verdicts and sentences and to ensure that those decisions reflect, but are not wholly determined by, the Supreme Court's vision of justice. These objectives indicate both an enduring commitment to the Continental legal tradition in which modern Japanese law originated and the persistence of a long-standing prejudice against lay opinion. Reviewing meeting minutes from the Justice System Reform Council, the text of the Lay Assessor Act, and subsequent decisions by the Supreme Court on saiban-in procedure, the Article shows that officials intended to create a jury system that would provide ample opportunity for laypersons to meaningfully participate in decisions without sacrificing the consistency, predictability, and elite notions of justice maintained in Japan's present approach to decision-making. The saiban-in may also stem a growing wave of public punitiveness and allow justice officials to continue to pursue policies focused on the rehabilitation of offenders. This Article concludes by speculating about factors that could disturb the saiban-in's delicate balance of lay and professional power.
      PubDate: Tue, 19 Nov 2013 06:55:30 PST
       
  • Dispute Resolutions in China: Patterns, Causes, and Prognosis

    • Authors: Randall Peerenboom et al.
      Abstract: Since the reform era began in China in 1978, there have been significant changes in the nature and incidence of disputes, conflicts and social disturbances, and the mechanisms for addressing them. We examine three types of disputes: commercial disputes, socio-economic claims and public law (administrative and constitutional law) disputes. Three general patterns stand out: first, the much better performance of institutions for handling disputes in urban areas compared to rural areas; second, the significantly greater progress in handling commercial law disputes compared to socio-economic claims; and third, the more advanced state of administrative law compared to constitutional law.
      PubDate: Tue, 19 Nov 2013 06:55:29 PST
       
  • From Dissidents to Institution-Builders: The Transformation of Public
           Interest Lawyers in South Korea

    • Authors: Patricia Goedde
      Abstract: The nature of public interest lawyers in South Korea has transformed in recent decades. Under authoritarian rule in the 1960s, 1970s and 1980s, a sparse group of human rights lawyers defended the rights of political prisoners and laborers. With transition to democracy beginning in 1987, these lawyers formed a professional affiliation called Lawyers for a Democratic Society (Minbyun). As citizens' groups and social movements blossomed in the 1990s, civic-minded lawyers began to support more specific causes such as women's rights, consumer protection, environmentalism and economic justice. In 2002, Roh Moo-hyun, a Minbyun lawyer was elected President. However, public interest lawyers appear to have faded from public view since the advent of a liberal-democratic administration. This Article asks a number of questions with respect to the transformation of public interest lawyers from the 1990s to date. What makes a "public interest lawyer" in South Korean society' What role do they have in public interest law groups' What new implications have arisen for public interest lawyers during and after a reformist government' Why does it appear that public interest lawyers have faded from public view' This research intends to show that public interest lawyers in South Korea have gained social and political empowerment during the democratization process, and thus have become more effective, lower-profile institution-builders with respect to advancing the practice of public interest law.
      PubDate: Tue, 19 Nov 2013 06:55:29 PST
       
  • Introduction

    • Authors: Alejandro Salicrup
      PubDate: Tue, 19 Nov 2013 06:55:28 PST
       
  • Media Disclosure of Individual Privacy: A Proposed Framework for China

    • Authors: Jianyuan Yang
      Abstract: This Article observes the methods of applying the rules about the protection of individual privacy against the media in the United States and the United Kingdom. By comparing these two approaches, potential solutions to problems relating to Chinese privacy law may emerge. This Article therefore attempts to build a practical framework for Chinese courts to utilize in handling relevant privacy cases. Though privacy law concerns a broad range of problems, this Article is limited to the invasion of privacy by media.
      PubDate: Tue, 19 Nov 2013 06:45:31 PST
       
  • The Influence of Hong Kong Banking Law on Banking Reform in the PRC

    • Authors: Duncan Alford
      Abstract: After the hand over of Hong Kong by the United Kingdom to the People's Republic of China ("PRC"), some commentators predicted that China would interfere with Hong Kong's economy and legal system despite the Basic Law's protections. This Article argues that in the area of financial supervision, particularly bank supervision, the Hong Kong Special Administrative Region has significantly influenced banking reform in the PRC. The PRC's implementation and development of bank supervisory standards that approach compliance with international financial standards has been significantly influenced by the Hong Kong Monetary Authority ("HKMA"), Hong Kong's central bank, through both informal and formal contacts between HKMA officials and PRC bank supervisory officials. The Article briefly analyzes the PRC banking system, provides a short history of banking reform in the PRC, describes the influence of the HKMA and the Hong Kong financial sector generally on the PRC banking reform efforts, and finally examines the prospects of continuing Hong Kong influences on PRC banking reform.
      PubDate: Tue, 19 Nov 2013 06:45:30 PST
       
  • Occupational Accident Insurance for All Workers: The New Challenges for
           China

    • Authors: Robert Guthrie et al.
      Abstract: Traditionally, benefits payable for occupational injury or disease in China were only available from State-run enterprises. Rural workers in China have until recently been excluded from workers' compensation schemes. In addition, China has experienced a steady increase in privatisation leading to a lack of accident coverage for workers, and also correlates with a growing number of occupational injuries and diseases. Beginning July 2004, China has legislated the expansion of the coverage of its occupational accident insurance to include all forms of enterprise. These regulations present considerable challenges to Chinese administration and businesses. This Article explores the details of the Rules for Occupational Accident Insurance and compares them with international norms and practices. This Article likewise offers some comments and reflections on the likely areas of difficulty for the administration of the Rules.
      PubDate: Tue, 19 Nov 2013 06:45:29 PST
       
  • Considering the Discrimination and Verification of the Computerized
           Measurement of Penalty in the Chinese Criminal Procedural Law (Chinese)

    • Authors: Li Weidong
      Abstract: No abstract available for this article.
      PubDate: Mon, 18 Nov 2013 13:45:30 PST
       
  • Knowledge and Structure of China's Procedural Law From the Liu Yongan
           Incident (Chinese)

    • Authors: Yang Xiaolei
      Abstract: No abstract available for this article.
      PubDate: Mon, 18 Nov 2013 13:45:29 PST
       
  • The Right to a Fair Trial in China: The Criminal Procedure Law of 1996

    • Authors: Amanda Whitfort
      Abstract: Over a decade ago, the promulgation of the 1996 Criminal Procedure Law drastically improved the criminal justice system in China by introducing some key rights and procedural safeguards for criminal defendants. Unfortunately, in practice many of the rights introduced lacked real substance. The reforms were intended to introduce aspects of the adversarial system of justice to the historically inquisitorial system, however the safeguards introduced lacked the necessary guarantees to ensure compliance and the right to a fair trial is still far from a reality for China's criminal defendants.
      PubDate: Mon, 18 Nov 2013 13:45:28 PST
       
  • Realizing Justice: The Development of Fair Trial Rights in China

    • Authors: Jennifer Smith et al.
      Abstract: No abstract available for this article.
      PubDate: Mon, 18 Nov 2013 13:45:27 PST
       
  • Human Rights and the Rule of Law in China

    • Authors: Jerome A. Cohen
      Abstract: No abstract available for this article.
      PubDate: Mon, 18 Nov 2013 13:45:26 PST
       
  • Editor's Note

    • Authors: Editorial Board
      PubDate: Mon, 18 Nov 2013 13:45:25 PST
       
  • Adversarial Legalism As China's Primary External Model of Legality:
           What Does It Mean For China's Future'

    • Authors: David Baharvar
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:20:21 PST
       
  • The Regulation of Franchising in China and the Development of a Civil Law
           Legal System

    • Authors: Paul Jones
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:20:21 PST
       
  • ILO Fundamental Conventions and Chinese Labor Law: From a Comparative
           Perspective

    • Authors: Qiu Yang
      Abstract: In this article, through a comparative study between ILO fundamental Conventions and Chinese labor law, the writer points out several problems and shortcomings embodied in Chinese labor law. This article analyzes the status of Chinese trade unions and questions their ability to protect the interests of the Chinese working class. As for collective bargaining, the writer reviews the relevant Chinese labor law and discovers the reasons for the ineffectiveness of the collective bargaining system in China. In the case of forced labor, the writer critically evaluates three kinds of forced labor in today's China. With regard to child labor, according to a review on relevant legislations, the writer points out certain internal legislation as contradictory. As far as discrimination with regard to employment and occupation is concerned, after a general overview on related ILO conventions and Chinese legislation, the writer focuses on employment based on social origin in China, using a case study on Chinese farmer workers. In the writer's understanding, as a vulnerable group, farmer workers have not received enough attention and special protection from Chinese labor legislation.
      PubDate: Mon, 18 Nov 2013 13:20:19 PST
       
  • A First Exploration of China's Antitrust Regulations: A Discussion of
           the Creative Function of the People's Bank of China (Chinese)

    • Authors: Ge Mingxian et al.
      Abstract: The People's Bank of China (PBC) has enhanced its macroeconomic status after spinning-off functions and restructuring, but faces two challenges from the monetary policy attenuation and the functional innovation. Against the background of the PBC President Zhou Xiao Chuan's call for building financial ecology, beginning with China's antitrust legislation, by demonstrating Chinese monetary enforcement and its transmission, this dissertation cross-analyzes economics and jurisprudence, and consequently concludes the necessity for PBC to withhold the Financial Antitrust.
      PubDate: Mon, 18 Nov 2013 13:20:19 PST
       
  • A Theory of the Policy-Holder's Duty of Disclosure (Chinese)

    • Authors: Sun Hongtao
      Abstract: The implementation of policy-holder's duty of disclosure provides a kind of technical support for the insurer's work, and thus it is vital to the operation of the insurance system in its entirety. This Article analyzes the basic problems in the policy-holder's duty of disclosure, and puts forward some reasonable suggestions for the perfection of the policy-holder's duty of disclosure.
      PubDate: Mon, 18 Nov 2013 13:20:18 PST
       
  • Editor's Note

    • Authors: Editorial Board
      PubDate: Mon, 18 Nov 2013 13:20:17 PST
       
  • The Court's Duty to Conduct Independent Research into Chinese Law: A
           Look at Federal Rule of Civil Procedure 44.1 and Beyond

    • Authors: Aurora Bewicke
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:10:15 PST
       
  • Chinese Policy Laws and Separation of Powers

    • Authors: Litong Chen
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:10:14 PST
       
  • US Exclusion from China's Approval Appendix: Tension Between
           China's Overseas Investment Regulation and Would-Be US
           'Insourcing' Objectives

    • Authors: Taya Cook
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:10:14 PST
       
  • Perspective on Reform of Death Sentence Review System (Chinese)

    • Authors: Wei Qi et al.
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:10:13 PST
       
  • Revision of the Act of Limited Liability Companies and improvement of the
           Competitiveness of SMEs (Chinese)

    • Authors: Ciyun Zhu et al.
      Abstract: No abstract available for this article
      PubDate: Mon, 18 Nov 2013 13:10:12 PST
       
  • Editor's Note

    • Authors: Editorial Board
      PubDate: Mon, 18 Nov 2013 13:10:11 PST
       
 
 
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