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Full-Text Articles in Law
Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham
Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham
East Asia Law Review
This article examines Vietnam’s legal changes and law enforcement practices in regards to the right to defence of juvenile offenders since Vietnam ratified the United Nations Convention on the Rights of the Child in 1990. A combination of research methods is employed, including document analysis, statistical analysis, and selected case studies. The findings of the research indicate that Vietnam has demonstrated considerable improvement in acknowledging the right to defence of juvenile offenders in its law. The contemporary Vietnamese regulations are similar to the CRC’s requirements about legal assistance for juvenile offenders. The implementation of the law, however, confronts difficulties as …
The Crime Of Engaging In Prostitution With An Underage Girl In Chinese Criminal Law, Xiaosong Duan
The Crime Of Engaging In Prostitution With An Underage Girl In Chinese Criminal Law, Xiaosong Duan
East Asia Law Review
No abstract provided.
Transitional Justice In South Korea: One Country’S Restless Search For Truth And Reconciliation, Paul Hanley
Transitional Justice In South Korea: One Country’S Restless Search For Truth And Reconciliation, Paul Hanley
East Asia Law Review
A recent Korean film, “National Security”, about a democracy activist and former Korean politician, Kim Geun-Tae, who was kidnapped and tortured into making a false confession by police in 1985, has renewed debate among South Koreans about the state of transitional justice in the country. From 1995 to 2010, South Korea took a number of steps to expose the political oppressions and human rights abuses of its past authoritarian governments and to assist individuals involved in the struggle for democracy to clear their names and restore their reputations. This article analyzes the relative success and failure of South Korea’s truth …
The New Drug Detoxification System In China: A Misused Tool For Drug Rehabilitation, Enshen Li
The New Drug Detoxification System In China: A Misused Tool For Drug Rehabilitation, Enshen Li
East Asia Law Review
Since 2008, China has established a new drug detoxification system to supersede the old mechanism that relied on administrative custodial measures for drug treatment. The new system introduces a three-tiered mechanism of voluntary, community and coercive drug detoxification, which aims at the physical, psychological and social aspects of drug-dependence treatment of addicts. However, although the new drug detoxification system seems to serve as a scientific and human-centered drug treatment tool, its practices appear to be rather different from the official rationales. Through three case studies in Guangzhou, Shanghai and Kunming, this article focuses on the legal deficiencies, theoretical inconsistencies and …
Patent Litigation In China From A Comparative Perspective, Jason Ma
Patent Litigation In China From A Comparative Perspective, Jason Ma
East Asia Law Review
No abstract provided.
Ip Enforcement: Domestic And Foreign Litigants In The Itc And U.S. District Courts, Matthew N. Bathon
Ip Enforcement: Domestic And Foreign Litigants In The Itc And U.S. District Courts, Matthew N. Bathon
East Asia Law Review
No abstract provided.
Counterfeiting In China, Daniel C. Fleming
Legitimacy-Based Discrimination And The Development Of The Judicial Power In Japan As Seen Through Two Supreme Court Cases, Colin P. A. Jones
Legitimacy-Based Discrimination And The Development Of The Judicial Power In Japan As Seen Through Two Supreme Court Cases, Colin P. A. Jones
East Asia Law Review
In September of 2013 the Supreme Court of Japan issued two judgments dealing with the constitutionality of statutory schemes that discriminated based on legitimacy. The first case resulted in the Court finding the provision unconstitutional, a rare occurrence in Japan. The second case found no constitutional problem to exist. This article will compare and contrast the two decisions while explaining the family law context in which they arose. It also offers an explanation of how the Court could arrive at two seemingly contradictory conclusions at almost the same time in its history.
A Us/India Model For China’S Ethnic Policies: Is The Cure Worse Than The Disease?, Barry Sautman
A Us/India Model For China’S Ethnic Policies: Is The Cure Worse Than The Disease?, Barry Sautman
East Asia Law Review
Some scholars in China argue that minority rights inscribed in law, such as ethnic regional autonomy and preferential policies, must be reformed along liberal lines: minorities should be “depoliticized” -- treated as cultural groups whose members have only individual, not collective, rights. They propose a “second generation of ethnic policies” for China that they argue would resemble policies in the United States and India. This article shows, however, that the United States and India do not have the features of ethnic equity and peace that they are supposed to exemplify, as their minorities have subordinate, deteriorating social positions and are …
The Yet-To-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty As A Critical Case Study Of Legislation By Press Release, Jianlin Chen
East Asia Law Review
No abstract provided.
Licensing Intellectual Property In China, Lei Mei
Licensing Intellectual Property In China, Lei Mei
East Asia Law Review
No abstract provided.
Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei
Ip-Related Anti-Monopoly And Anti-Unfair Competition Enforcement In China, Lipeng Mei
East Asia Law Review
No abstract provided.
Emergency Arbitrator Procedure And Open-List Arbitrator Appointment Under The New China (Shanghai) Pilot Free Trade Zone Arbitration Rules: Dawn Of A New Era?, Rui Bu
East Asia Law Review
No abstract provided.