Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White
Rotten To The Core: Project Capture And The Failure Of Judicial Reform In Mongolia, Brent T. White
East Asia Law Review
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 …
Editorial Board, Editorial Board
Reparations To Victims Of Gross Human Rights Violations: The Case Of Cambodia, Hao Duy Phan
Reparations To Victims Of Gross Human Rights Violations: The Case Of Cambodia, Hao Duy Phan
East Asia Law Review
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 …
Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee
Getting Citizens Involved: Civil Participation In Judicial Decision-Making In Korea, Jae-Hyup Lee
East Asia Law Review
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 …
From Dissidents To Institution-Builders: The Transformation Of Public Interest Lawyers In South Korea, Patricia Goedde
From Dissidents To Institution-Builders: The Transformation Of Public Interest Lawyers In South Korea, Patricia Goedde
East Asia Law Review
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 …
Dispute Resolutions In China: Patterns, Causes, And Prognosis, Randall Peerenboom, Xin He
Dispute Resolutions In China: Patterns, Causes, And Prognosis, Randall Peerenboom, Xin He
East Asia Law Review
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.
The New Japanese Jury System: Empowering The Public, Preserving Continental Justice, Ingram Weber
The New Japanese Jury System: Empowering The Public, Preserving Continental Justice, Ingram Weber
East Asia Law Review
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 …
Editorial Board, Editorial Board
Introduction, Alejandro Salicrup
The Entity That Dare Not Speak Its Name: Unrecognized Taiwan As A Right-Bearer In The International Legal Order, Brad Roth
East Asia Law Review
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 …
Preface, Benjamin Simler, David E. Sobel