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Articles 31 - 60 of 86
Full-Text Articles in Law
Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali
Governing Financial Disputes In China: What Have We Learned From The Global Financial Crisis Of 2008?, Robin Hui Huang, Shahla F. Ali
East Asia Law Review
In light of the recent global financial crisis of 2008, this article critically compares how China's national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of the China International Economic and Trade Arbitration Commission (CIETAC) and the Shanghai Courts' financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, it provides insight into which institution is best positioned to handle financial-related cases, discusses prospects for coordination between the two, and sets …
Attempting To Go Beyond Forgetting: The Legacy Of The Tokyo Imt And Crimes Of Ciolence Against Women, Caroline Joan (Kay) S. Picart
Attempting To Go Beyond Forgetting: The Legacy Of The Tokyo Imt And Crimes Of Ciolence Against Women, Caroline Joan (Kay) S. Picart
East Asia Law Review
This article begins by first focusing on the Tokyo IMT's heritage of collective forgetting in relation to instances of systematized violence against women, especially the establishment of comfort stations in territories formerly occupied by the Japanese Imperial Army. In specific, after the Introduction, it describes the international political, legal and military factors that led to the formation of the Tokyo IMT; a brief overview of the trial; the political and pedagogical functions of the Tokyo IMT; and legal and extra-legal devices of the Tokyo IMT. Subsequently, it points out key differences between the Nuremberg and Tokyo Trials, in terms of …
Resolving Constitutional Disputes In Contemporary China, Keith Hand
Resolving Constitutional Disputes In Contemporary China, Keith Hand
East Asia Law Review
Beginning in 1999, a series of events generated speculation that the Chinese Party-state might be prepared to breathe new life into the country's long dormant constitution. In recent years, as the Party-state has strictly limited constitutional adjudication and moved aggressively to contain some citizen constitutional activism, this early speculation has turned to pessimism about China's constitutional trajectory. Such pessimism obscures recognition of alternative or hybrid pathways for resolving constitutional disputes in China. Despite recent developments, Chinese citizens have continued to constitutionalize a broad range of political-legal disputes and advance constitutional arguments in a variety of forums. This article argues that …
Civil Mediation In Taiwan: Legal Culture And The Process Of Legal Modernization, Yun-Hsien Diana Lin
Civil Mediation In Taiwan: Legal Culture And The Process Of Legal Modernization, Yun-Hsien Diana Lin
East Asia Law Review
The process of legal modernization in Taiwan began in 1895, when the Japanese colonial government first imposed westernized modern law on Taiwan. Before 1895, the code of imperial Ch'ing - deeply influenced by the Confucian legal culture which emphasized social harmony and opposed lawsuits - had been the state law for more than two centuries. A second major transition started in the 1920s, during which Taiwanese people gradually became accustomed to access modern courts for their civil disputes, and the number of civil lawsuits eventually surpassed that of cases under mediation. The positive attitude toward civil litigation continued after the …
Introduction And Suggestions On The Chinese Securities Credit Rating System From A Comparative Perspective, Yinping Xu, Charlie Xiaochuan Weng
Introduction And Suggestions On The Chinese Securities Credit Rating System From A Comparative Perspective, Yinping Xu, Charlie Xiaochuan Weng
East Asia Law Review
Credit rating is a burgeoning industry in China. However, ever since it was established by State Council in 1993, the development of the industry has faced various impediments. There are currently three major problems hindering its further development, as result of a lack of systematic statutory and judicial guidelines. These problems are: limited competition in the industry, rampant rating shopping and conflicts of interest, and limited remedy in a suit against false ratings. The rating industry in China has followed a different pattern. The statutory threshold requirement has proven too demanding for most rating agencies to comply with, barring many …
The Unhelpfulness Of Treaty Law In Solving The Sino-Japan Sovereign Dispute Over The Diaoyu Islands, Chi Manjiao
The Unhelpfulness Of Treaty Law In Solving The Sino-Japan Sovereign Dispute Over The Diaoyu Islands, Chi Manjiao
East Asia Law Review
The sovereignty dispute over the Diaoyu Islands between China and Japan is a sensitive issue touching upon various aspects of international law. One of the major claims of both countries is whether the Islands have been ceded to Japan, and if so, have they been reverted to China. Since cession and reversion were completed through a series of treaties, this paper explores the dispute by evaluating treaty law. The paper first outlines three sovereignty claims over the Islands and then provides a chronological review of the pertinent treaties. It then discusses the non-applicability contention and the treaty interpretation contention, two …
The United States - Korea Free Trade Agreement: Path To Common Economic Prosperity Or False Promise?, Yong-Shik Lee, Jaemin Lee, Kyung Han Sohn
The United States - Korea Free Trade Agreement: Path To Common Economic Prosperity Or False Promise?, Yong-Shik Lee, Jaemin Lee, Kyung Han Sohn
East Asia Law Review
The U.S.-Korea Free Trade Agreement, currently awaiting ratification in the legislatures of both countries, is known to be the most significant bilateral trade agreement for the United States since the conclusion of the North America Free Trade Agreement (NAFTA) in 1993 and for Korea since the initiation of the FTA drive in 2003. Both governments have promoted the U.S.-Korea FTA as the trade agreement that will enhance trade between the two countries and promote economic prosperity. The article critically reviews the inherent features of the U.S.-Korea FTA and examines whether the FTA is expected to promote the promised economic prosperity …
Whatever-Ism With Chinese Characteristics: China's Nascent Recognition Of Private Property Rights And Its Political Ramifications, Kai Wang
East Asia Law Review
No abstract available
Japan's Prosecutorial Review Commissions: Lay Oversight Of The Government's Discretion Of Prosecution, Hiroshi Fukurai
Japan's Prosecutorial Review Commissions: Lay Oversight Of The Government's Discretion Of Prosecution, Hiroshi Fukurai
East Asia Law Review
No abstract available
Editorial Board, Editorial Board
Preface, Nirav Mehta
Financial Crisis And Risk Management: Reassessing The Asian Financial Crisis In Light Of The American Financial Crisis, Jongmoo Jay Choi, Michael G. Papaioannou
Financial Crisis And Risk Management: Reassessing The Asian Financial Crisis In Light Of The American Financial Crisis, Jongmoo Jay Choi, Michael G. Papaioannou
East Asia Law Review
No abstract available.
From The 1997-98 Asian Financial Crisis To The 2008-09 Global Economic Crisis: Lessons From Korea's Experience, Bang Nam Jeon
From The 1997-98 Asian Financial Crisis To The 2008-09 Global Economic Crisis: Lessons From Korea's Experience, Bang Nam Jeon
East Asia Law Review
No abstract available.
The Asian Financial Crisis In Retrospect - Observations On Legal And Institutional Lessons Learned After A Dozen Years, John W. Head
The Asian Financial Crisis In Retrospect - Observations On Legal And Institutional Lessons Learned After A Dozen Years, John W. Head
East Asia Law Review
In this contribution to the Review symposium on the Asian Financial Crisis, Professor Head examines how, in retrospect, we should view that tumultuous set of developments and the lessons they offered. After tracing the causes and triggers that set the crisis in motion in 1997, and identifying what paths toward recovery the three countries hardest-hit - Thailand, Indonesia, and South Korea - took over the years that followed, Head focuses on certain international legal and institutional aspects of the crisis. He gives particular attention to the International Monetary Fund ("IMF"), first by summarizing the "cacophony of criticisms" directed at the …
The Asian Financial Crisis And Warning Indicators - Then And Now, Dominick Salvatore, Fred Campano
The Asian Financial Crisis And Warning Indicators - Then And Now, Dominick Salvatore, Fred Campano
East Asia Law Review
This paper presents data on the financial crisis in East Asia that started in Thailand in July 1997 and then spread to other emerging Asian economies and the rest of the world, and the warning indicators that were used to predict that crisis. The causes of the current financial and economic crisis in Asia are then examined as well as the reason that the same indicators could not predict the current Asian crisis. Basically, Asian economies introduced significant structural changes after the 1997-1998 crisis, which prevented a crisis similar to the one that afflicted them in 1997-1998. The current financial …
Editorial Board, Editorial Board
Editorial Board, Editorial Board
Corporate Law In The Shaghai's People's Court, 1992-2008: Judicial Autonomy In A Conemporary Authoritatian State, Nicholas Calcina Howson
Corporate Law In The Shaghai's People's Court, 1992-2008: Judicial Autonomy In A Conemporary Authoritatian State, Nicholas Calcina Howson
East Asia Law Review
In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …
Korean Legal Education For The Age Of Professionalism: Suggestions For More Concerted Curricula, Young-Cheol K. Jeong
Korean Legal Education For The Age Of Professionalism: Suggestions For More Concerted Curricula, Young-Cheol K. Jeong
East Asia Law Review
No abstract available
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis
East Asia Law Review
No abstract provided.
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 …
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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 …