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The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
Pace Law Review
This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Pace International Law Review
China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …