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Full-Text Articles in Law
Pure Software In An Impure World? Winny, Japan's First P2p Case, Ridwan Khan
Pure Software In An Impure World? Winny, Japan's First P2p Case, Ridwan Khan
East Asia Law Review
In 2011, Japan’s Supreme Court decided its first contributory infringement peer-to-peer case, involving Isamu Kaneko and his popular file-sharing program, Winny. This program was used in Japan to distribute many copyrighted works, including movies, video games, and music. At the district court level, Kaneko was found guilty of contributory infringement, fined 1.5 million yen, and sentenced to one year in prison. However, the Osaka High Court reversed the district court and found for Kaneko. The High Court decision was then affirmed by the Supreme Court, which settled on a contributory infringement standard based on fault, similar to the standard announced …
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen Mcintyre
Courtroom Drama With Chinese Characteristics: A Comparative Approach To Legal Process In Chinese Cinema, Stephen Mcintyre
East Asia Law Review
While previous “law and film” scholarship has concentrated mainly on Hollywood films, this article examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama. Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, instead centering on the punishment of …
War On The Korean Peninsula? Application Of Jus In Bello In The Cheonan And Yeonpyeong Island Attacks, Seunghyun Sally Nam
War On The Korean Peninsula? Application Of Jus In Bello In The Cheonan And Yeonpyeong Island Attacks, Seunghyun Sally Nam
East Asia Law Review
The media often reports that the Korean Peninsula is ‘technically at war’, but there is still uncertainty surrounding the issue of whether the Korean Peninsula is, as a matter of law, in a state of war. This legal issue has now become particularly important as the International Criminal Court released a statement on December 6, 2010 in which it opened a preliminary examination of whether the sinking of the South Korean warship, the Cheonan, which was found to be a result of a torpedo attack from a North Korean submarine, and artillery attacks from North Korea that occurred near Yeonpyeong …
Improving Cross-Border Investment Regulation: A Case Study Of China's Largest And Least Known Sovereign Wealth Fund, Margalit Faden
Improving Cross-Border Investment Regulation: A Case Study Of China's Largest And Least Known Sovereign Wealth Fund, Margalit Faden
East Asia Law Review
This paper highlights current problems in the international regulatory regime governing sovereign wealth funds by examining Chinese-funded Safe Investment Company’s equity investments into three Australian banks. It proceeds by analyzing how the operative laws and international agreements governing those investments--Hong Kong law, Australian law, the New York Convention, and customary international law—fail in part to adequately regulate the cross-border investments of one of the largest and most opaque sovereign wealth funds in the world. Assessment of existing legal oversight and Hong Kong’s strict absolute sovereign immunity stance leads to the conclusion that the Safe Investment Company’s investments must be closely …
Obstacles To Integrative Medicine: The Case Of Traditional Chinese Medicine In Taiwan, Chih-Hsiung Chen
Obstacles To Integrative Medicine: The Case Of Traditional Chinese Medicine In Taiwan, Chih-Hsiung Chen
East Asia Law Review
The model of regulations on Traditional Chinese Medicine (TCM) in Taiwan is often categorized as “equalization” or “non-discriminatory,” though in reality the TCM practice is unequally regulated or even marginalized. The thesis of this Article is that medical licensing law in Taiwan played a major role in marginalizing TCM in the medical system and thus delayed the acceptance of TCM by orthodox medicine. First, this Article will describe the “separate-but-equal” doctrine in determining the scope-of-practice issue of TCM regulations. The doctrine exclusively defines the practice boundaries of TCM doctors, thereby obstructing the modernization of TCM practices. Some examples indicate this …
Preface, Katie Roney
Consumer Finance And Financial Repression In China, Evan Oxhorn
Consumer Finance And Financial Repression In China, Evan Oxhorn
East Asia Law Review
China is rapidly becoming the world’s largest consumer market. As the number of middle-class Chinese consumers has grown, so too has the size of China’s consumer finance system. To date, there has been little scholarship on consumer finance in China. This article takes a first step at filling this gap in the literature. It argues that China’s consumer finance system is fundamentally a tool of the state, which uses “financial repression” of Chinese consumers to acquire capital through shadow taxation. This political-legal system allows reallocation of consumers’ capital for political purposes and underwrites China’s rapid growth. But cheap consumer capital …
W(H)Ither The Idea Of Publicness? Besieged Democratic Legitimacy Under The Extraconstitutional Hybrid Regulation Across The Taiwan Strait, Ming-Sung Kuo
East Asia Law Review
Hybrid regulatory bodies have been credited for functioning as an institutional bypass around the bureaucratic procedures and providing expedient responses to the changing needs of administrative governance. As hybrid regulatory bodies are utilized in transnational regulation, however, concerns have arisen over the lack of transparency and the evasion of accountability in the face of the informality and flexibility characteristic of hybrid regulatory bodies. This Article aims to explore the issues surrounding the democratic legitimacy of transnational hybrid administration through a case study of the Cross-Straits Economic Cooperation Committee (CSECC) provided in the Economic Cooperation Framework Agreement between the Straits Exchange …
Gauging The Economic And Political Costs To China Of Article 13(B) Referrals Of Sudan And Myanmar To The International Criminal Court, Stewart Manley
Gauging The Economic And Political Costs To China Of Article 13(B) Referrals Of Sudan And Myanmar To The International Criminal Court, Stewart Manley
East Asia Law Review
Encouraging reports of dramatic reforms in Myanmar since late 2011 hide an ugly past. Until the recent developments, numerous allegations of government-perpetrated war crimes and crimes against humanity had evoked growing support for a U.N.-led commission of inquiry and a potential referral of Myanmar to the International Criminal Court. Perhaps the largest perceived obstacle to invoking these international justice mechanisms was the anticipated opposition of China, a veto-wielding member of the U.N. Security Council and longstanding ally of Myanmar. This article argues that, to the contrary, there is strong evidence that China would not block international efforts to prosecute Myanmar …
Corporate Elections And Shareholder Proposal Rights: From Case Studies In South Korea, Hye-Sung Kim
Corporate Elections And Shareholder Proposal Rights: From Case Studies In South Korea, Hye-Sung Kim
East Asia Law Review
The idea of whether or not the shareholders of public firms should obtain access to the firms’ proxy materials has been controversial in the United States. The continual disagreements surrounding proxy access reforms demand the necessity of looking at other countries that already allow shareholder access to a company’s proxy. This article aims to explore the concerns and issues of shareholder proposal rights for corporate elections and shareholder access in South Korea and to provide considerations for an improved regime. Towards this end, this author conducted a case study of the shareholder proposals of public firms listed on the Korea …