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Articles 1 - 13 of 13
Full-Text Articles in Law
International Law In The Obama Administration's Pivot To Asia: The China Seas Disputes, The Trans-Pacific Partnership, Rivalry With The Prc, And Status Quo Legal Norms In U.S. Foreign Policy, Jacques Delisle
Case Western Reserve Journal of International Law
The Obama administration's "pivot" or "rebalance" to Asia has shaped the Obama administration's impact on international law. The pivot or rebalance has been primarily about regional security in East Asia (principally, the challenges of coping with a rising and more assertive China--particularly in the context of disputes over the South China Sea -- and resulting concerns among regional states), and secondarily about U.S. economic relations with the region (including, as a centerpiece, the Trans-Pacific Partnership). In both areas, the Obama administration has made international law more significant as an element of U.S. foreign policy and has sought to present the …
Freedom With Chinese Characteristics, Keith Kerr
Freedom With Chinese Characteristics, Keith Kerr
Societies Without Borders
The following “note from the field” is based off of first-hand observations and experiences had while living and working as an affiliated professor at a Chinese university. Noting the well-known political restrictions existing in China, the piece argues that against dominant Western narratives depicting a lack of freedom within China, there ostensibly appear spaces offering levels of emotional and interactional freedoms greater than what one can experience in the West. This argument is framed within the thought of Western intellectuals such as David Riesman, Erich Fromm, C. Wright Mills and Stjepan Mestrovic, and is advanced by considering the vast historical …
China’S Human Rights Footprint In Africa, Timothy Webster
China’S Human Rights Footprint In Africa, Timothy Webster
Faculty Publications
A significant amount of recent scholarship and commentary accuses China of plundering the African continent, coddling its dictators, and flouting labor and environmental standards. This paper makes the counterintuitive claim that, despite irrefutable cases of abuse, China’s engagement with Africa has actually improved the human rights conditions of millions of Africans. First, it places China’s abuses in context, showing that they differ little from the abuses and patronage politics of the major Western powers. Second, it examines the evolution of international relations between China and various African countries, from the exportation of political revolution in the 1950s and 1960s, to …
United States Ratification Of The Law Of The Sea Convention: Securing Our Navigational Future While Managing China's Blue Water Ambitions, Michael J. Kelly
United States Ratification Of The Law Of The Sea Convention: Securing Our Navigational Future While Managing China's Blue Water Ambitions, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
Taking Stock: China's First Decade Of Free Trade, Jun Zhao, Timothy Webster
Taking Stock: China's First Decade Of Free Trade, Jun Zhao, Timothy Webster
Faculty Publications
China has established itself as a global economic presence in the past ten years. This article explains one important but overlooked aspect of this rise, China’s newfound interest in free trade agreements (FTAs). This paper situates the FTA boom within a framework of international political economy and China’s recent regional rise. This paper probes the question of how China selects its FTA partners, referencing US trade practice and policy as a framework by which to analyze China’s own preferences. This paper then explores the main features of China’s FTAs, finding that it has adopted a flexible FTA strategy that attends …
A Proposal For Change In Immigration Policy: Asylum For Traditionally Married Spouses, Tamika S. Laldee
A Proposal For Change In Immigration Policy: Asylum For Traditionally Married Spouses, Tamika S. Laldee
Case Western Reserve Journal of International Law
No abstract provided.
East Asia Institutionalizes: China, Japan And The Vogue For Free Trade, Timothy Webster
East Asia Institutionalizes: China, Japan And The Vogue For Free Trade, Timothy Webster
Faculty Publications
In the past decade, East Asia has taken steps to increase regional integration. This paper examines the vogue for Free Trade Agreements (FTAs) currently raging in China and Japan. After mapping the regional links that knit East Asia together during the 1990s and 2000s, the focus then shifts to the specific trade agreements that China and Japan have signed. Both countries exhibit a particular FTA “style;” Japan has adopted a more orthodox and comprehensive approach to its treaties, while China has shown greater flexibility and gradualism when dealing with FTA partners. It is still unclear whether these efforts will lead …
Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster
Bilateral Regionalism: Paradoxes Of East Asian Integration, Timothy Webster
Faculty Publications
Like many other countries, China and Japan have recently signed a spate of Free Trade Agreements with countries in the Asia Pacific. This paper analyzes both countries’ styles of integration. While China favors multidisciplinary engagement (politics, security, economics), Japan is mainly interested in deepening economic integration with the countries in which it has already established transnational production lines. After analyzing individual FTAs signed by China and Japan, the paper ends by predicting that China’s multifaceted approach will promote greater integration in the Asia Pacific, and a more robust profile for China in regional affairs.
Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster
Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster
Faculty Publications
This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that …
Recognizing Ilo Rights To Organize And Bargain Collectively, Grease In China's Transition To A Socialist Market Economy, Toby D. Merchant
Recognizing Ilo Rights To Organize And Bargain Collectively, Grease In China's Transition To A Socialist Market Economy, Toby D. Merchant
Case Western Reserve Journal of International Law
No abstract provided.
China's Claim Of Sovereignty Over Spratly And Paracel Islands: A Historical And Legal Perspective, Teh-Kuang Chang
China's Claim Of Sovereignty Over Spratly And Paracel Islands: A Historical And Legal Perspective, Teh-Kuang Chang
Case Western Reserve Journal of International Law
No abstract provided.
China After Tiananmen Square: An Assessment Of Its Business Environment, Beverley H. Earle
China After Tiananmen Square: An Assessment Of Its Business Environment, Beverley H. Earle
Case Western Reserve Journal of International Law
No abstract provided.
China And The International Legal Order: An Historical Introduction, Daniel J. Hoffheimer
China And The International Legal Order: An Historical Introduction, Daniel J. Hoffheimer
Case Western Reserve Journal of International Law
No abstract provided.