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Full-Text Articles in Law
China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan
China’S Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto’S Finish Line?, Han-Wei Liu, John Maughan
Han-Wei Liu
Several recent studies have discussed the ramifications of the China – Raw Materials case for China’s rare earths. However, none of these studies has conducted a thorough investigation of China’s current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China’s export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favorable WTO ruling. However, if General Agreement …
Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo
Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo
Margaret Y. K. Woo
This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.
Dreaming In Chinese: Accountable Development, Barbara L. Bezdek
Dreaming In Chinese: Accountable Development, Barbara L. Bezdek
Barbara L Bezdek
Economic life in the PRC today is marked by rapid privatization, marketization, and urbanization. This triad of forces effects a profound restructuring of China's urban spaces and is giving rise to new forms of private, voluntary associations of citizens such as neighborhood campaigns of resistance to urban redevelopment. Civil society theory ascribes to such organizations outside of state control, the potential to constrain government officials by enabling citizens to express their collective interests more effectively, and to resist government encroachment more powerfully than they otherwise could. Because resort to China's courts has produced little protection for citizens' formal legal rights …
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
Shruti Rana
As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …
Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo
Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo
Margaret Y. K. Woo
No abstract provided.
Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo
Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo
Margaret Y. K. Woo
How has the complex interaction of markets, law and development added or subtracted to the well-being of ordinary Chinese citizen? Specifically, this article examines how the development of a private market and accompanying legal structure resulted in Chinese women’s greater sense of rights entitlement and rights assertion. But abstract rights and the implementation of legal codes do not always mean rights adoption and neither does formal equality always translate into substantive equality. Through an analysis of 64 questionaires collected from legal aid litigants collected between the fall of 2002 and spring of 2003. The questionnaires unravel the complicated legal attitudes …
'You Don't Miss Your Water 'Til Your River Runs Dry': Regulating Industrial Supply Shortages After 'China-Raw Materials', Chin Leng Lim, J. H. Senduk
'You Don't Miss Your Water 'Til Your River Runs Dry': Regulating Industrial Supply Shortages After 'China-Raw Materials', Chin Leng Lim, J. H. Senduk
Chin Leng Lim
Global industrial production depends on stable access to raw inputs. Food price volatility has emerged as a major concern for Group of Twenty Finance Ministers and Central Bank Governors (G20), while we are hearing new calls for bringing global disciplines to resource cartels like the Organization of the Petroleum Exporting Countries (OPEC). Supply chains that make up globalized production recently demonstrated their potential fragility when Chinese sovereign intervention threatened to bring Japan’s high-tech manufacturing to its knees by cutting off its supplies. These wide-ranging issues are now being addressed under the umbrella of trade regulation. As a result, we are …