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Asking the Tiger for His Skin: Rights Activism in China

consequences, such as official reprisals. Their attitude puts them in danger of blinding themselves to the limits of legal reform in China's current constitutional and political structure. Second, according to ... accentuates the deep contradictions in China’s current legal and political system. Their experience also indicates the limits of possible reform. At some point, “radical” rights defenders stop appealing to the

The Recognition and Enforcement of Commercial Arbitral Awards in the People's Republic of China

legislative developments. Part III examines the institutional features of the legal and political system that present the greatest obstacles to the enforcement of arbitration awards. Part IV identifies those ... perceive as the usual correlation between foreign direct investment and the rule of law, before drawing final conclusions.7 I. ARBITRATION IN CHINA With its roots in Confucian philosophy, based on "Ii

Registered Savings Plans and the Making of Middle-Class Canada: Toward a Performative Theory of Tax Policy

Campaigning politicians and elected governments across Canada’s political spectrum strive to position themselves as defenders of the middle class. This is to be expected given the large proportion of ... at only 47 percent. See Political Landscape Freezes with Winter Cold: Less than Half of Canadians See Themselves As Middle Class, EKOS POLITICS (Dec. 19, 2013),

Systemizing the Fate of the Stateless North Korean Migrant: A Legal Guide to Preventing the Automatic Repatriation of North Korean Migrants in China

“eternal President of the Republic.”43 North Korea embraces a political philosophy called Juche, a derivative of Marxism-Leninism.44 Simply translated, Juche means self-reliance or self-determination.45 ... This uniquely North Korean political philosophy is based on three principles: political sovereignty, economic independence, and military selfdefense. 46 The North Korean government’s unwillingness to

The Law of China and Vietnam in Comparative Law

. Confucian philosophy therefore develops different moral, political, and legal ideas, concepts, and principles ... , LAW IN IMPERIAL CHINA 51 (1973). 37. Zhang, supra note 17, at 12. 38. For legalism, see Eirik Lang Harris, Legalism: Introducing a Concept and Analyzing Aspects of Han Fei’s Political Philosophy, 9

Following the Path of Oil: The Law of the Sea or Realpolitik - What Good Does Law do in the South China Sea Territorial Conflicts?

while managing political risks. (2) Meaningful treaty negotiation requires equal bargaining powers among the negotiating nations--a utopian picture. Treaty resolution will more likely tip toward the ... exploration costs astronomical, and territorial disputes can heighten political risks. Stretching from the southern coast of China toward the equator and joining together all countries of Southeast Asia with

Making Chinese Labor Law Work: The Prospects for Regulatory Innovation in the People's Republic of China

III proposes regulatory initiatives that have realistic prospects of inducing greater adherence to the law in China's current political and economic context. Of course, no legal reforms will ... . See id. art. 18. 64. See PEERENBOOM, supra note 21, at 399-424. (often as a result of local political or economic pressures) and by a lack of proper procedures. Judicial review is restricted by the

Rights Lawyering in Xi's China: Innovation in the Midst of Marginalization

elevated to highest echelons of political power.1 Successfully consolidating power to an unprecedented level since Deng Xiaopeng and Mao Zedong, Xi is now the ?core leader? of a centralized system geared ... political factions within the Party structure, the demotions of those who ?do not see eye to eye with Xi? and heightened scrutiny of business interests of those deemed insufficiently loyal. See Willy Wo-Lap

Clinical Legal Education and the Reform of the Higher Legal Education System in China

Economics and Law; LL.B, Zhongnan University of Political Science and Law (1990); LL.M., Zhongnan University of Political Science and Law (1999); Doctor of Law, China University of Political Science and Law ... legal education and training.4 In that system, higher legal education is undoubtedly the 2. The first national law school in old China was named The Legal-Political School and was founded by the Qing

Let the Buyer Beware: Economic Modernization, Insurance Reform, and Consumer Protection in China

world's newest industrializing nation."° ' While past economic reforms oscillated among competing political ideologies and domestic programs, 0 2 China's current philosophy reflects a modernizing and ... infrastructure, and an uncertain political climate complicate this scheme,6 China's leaders are determined to modernize a broad range of industries.7 Insurance' is one field in which China has demonstrated

Why Michigan v. EPA Requires that the Meaning of the Cost/Rationality Nexus Be Clarified

, and decides how to allocate rights between competing interests. This decision rests on political considerations and moral factors that are independent of the concept of cost. Cost quantification ... JUDICIAL AND POLITICAL REVIEW OF FEDERAL AGENCIES 177 (John F. Duffy & Michael Herz eds., 2005); Richard J. Pierce, Jr., What Factors Can an Agency Consider in Making a Decision?, 2009 MICH. L. REV. 67 (2009

Emerging from the Haze of America's War on Drugs and Examining Canada's New Half-Baked Laws

adoption of stricter guidelines, such as the three strikes law in California." Moreover, legislators viewed any opposition to these provisions as "akin to political suicide."3' State legislatures also ... conviction for a violent crime, the three strikes law prescribes that he will receive a mandatory life prison sentence. CAL. PENAL CODE § 667(e) (2) (A). 31. Beale, supranote 29, at 417 (noting the political

Argh, No More Pirating America’s Booty: Improving Copyright Protections for American Creators in China

Chinese officials to use the officials? discretionary power to enforce the copyright holder?s rights against infringers.52 Following the fall of dynastic rule and a period of political instability, Chiang ... government, and personal property rights ?did not fit into a socialist system.? Id. Soviets also used copyright laws to promote the development of arts and literature that ?promoted the socialist philosophy

Navigating Unfamiliar Terrain: Reconciling Conflicting Impressions of China’s Intellectual Property Regime in an Effort to Aid Foreign Right Holders

developed differently there than they did in the West.33 Confucianism itself defies easy categorization. It is, in essence, a “systematic code of interpersonal behavior” more akin to a “practical, political ... Alford characterizes the Confucian political culture of imperial China as the primary reason for the failure of the emergence there of a Western-style intellectual property regime82: because Confucianism

People's Grand Jury Panels and the State's Inquisitorial Institutions: Prosecution Review Commissions in Japan and People's Supervisors in China

this Article is as follows. Part I examines Japan’s revised PRC system and how its implementation facilitated the forced prosecution of a political powerbroker, past presidents of Japan’s powerful ... government agencies and corporate elites can lead to even further transparency of judicial systems in East Asia. Part IV then examines the socio-political ramifications of these new systems in Japan and China

Insolvency Law and Reform in the People's Republic of China

to creditors was fifty percent or more, the merchant could be exempted from the remainder of the unpaid debts. Although this law was abandoned in 1908, some aspects of its philosophy were to reemerge ... doubt a political statement, for it requires that the first priority in a case of enterprise bankruptcy is to "resettle the employees in order to maintain order and stability in the society

How Taiwan's Constitutional Court Reined in Police Power: Lessons for the People's Republic of China

(“RETL”). Because of the extremely limited role of constitutional interpretation in the PRC, reforms to RETL had to await a purely political solution rather than a judicial decision or even a ... Party’s Central Committee in late 2013 announcing that RETL would be abolished provided the requisite political will to finally end RETL in December 2013. Abolition of RETL is an important milestone in the

The Terrorism Bar to Asylum in Australia, Canada, the United Kingdom, and the United States: Transporting Best Practices

fundamental doctrinal dilemma.' 6 13. DIPAK K_ GUPTA, UNDERSTANDING TERRORISM AND POLITICAL VIOLENCE 3 (2008). 14. See id. at 6-7. 15. See id. at 7-8. 16. The Encyclopediaof World Terrorismbegins with this ... , in this era, this term carries with it significant legal and political consequences. The meaning depends on who defines it. There is no real disagreement in the Western World on whether Mohammed Atta

In Whose Service? The Transnational Legal Profession's Interaction with China and the Threat to Lawyers

-State control of the legal profession is pervasive, and repression of forceful rights advocacy is inherent to the political-legal system. When international firms go to China, do they buy into such ... Rights Defenders.22 To keep their license, licensed Chinese lawyers must pass an annual re-assessment, which examines their overall performance, also in terms of political conformity criteria. Law firms

The Honeymoon is Over: Evaluating The U.S.-China WTO Intellectual Property Complaint

. Harris* INTRODUCTION China's potential to become a major economic player was the source of extensive economic and political commentary during the 1980s and 1990s.' Today, China is well on its way to ... research assistance. This Article was supported by the Clifford Scott Green Chair and Research Fund in Law. 1. See, e.g., Michael H. Armacost, Under Secretary for Political Affairs, China and the United