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Articles 1 - 30 of 86
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.
Challenges And Opportunities For The Indonesian Securities Takeover Regulations: A Comparative Legal Analysis, Yozua Makes
Challenges And Opportunities For The Indonesian Securities Takeover Regulations: A Comparative Legal Analysis, Yozua Makes
East Asia Law Review
This article examines the extent to which the rules in Indonesia concerning the takeover of a publicly listed company: (1) facilitate an efficient exchange of shares in the capital market with fair protection for all stakeholders in a takeover transaction pursuant to Good Corporate Governance (“GCG”) principles; and (2) uphold principles and protection provided by the securities laws of more developed jurisdictions. These issues are addressed by analyzing the prevailing securities regulations and GCG rules in Indonesia. A comparative discussion of laws and regulations in Indonesia and the Netherlands follows. The article highlights several important findings from which the Indonesian …
China's Orphan Welfare System: Laws, Policies And Filled Gaps, Anna Jane High
China's Orphan Welfare System: Laws, Policies And Filled Gaps, Anna Jane High
East Asia Law Review
This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is first contextualized by an introduction to the demographics of children cared for in state and non-state welfare institutions; prevailing social and cultural attitudes to their rights and entitlements; and the complex nexus between the politically high-stake issue of birth planning and the arguably consequent vulnerability of such children. The article then introduces formal laws and policies relating to the care of orphans, including government duties and …
15 Years Of The Handover: The Rise, Discontent, And Positive Interaction Of Cross-Border Arbitration In Hong Kong With Mainland China, Weixia Gu
East Asia Law Review
Since the sovereignty handover and establishment of the Hong Kong SAR in 1997, Hong Kong has faced the dual challenges of balancing her need to facilitate a cross-border arbitration regime which is compatible with Mainland China under the principle of “one country, two systems”, and promoting herself as an international arbitration center. The two goals are at times incompatible, as accommodating the localized needs and standards of Mainland China often requires Hong Kong courts to be more “flexible” than established international arbitration standards would allow. This Article attempts to give a comprehensive analysis of the above problems. First, this Article …
Navigating Adroitly: China's Interaction With The Global Trade, Investment, And Financial Regimes, Ross P. Buckley, Weihuan Zhou
Navigating Adroitly: China's Interaction With The Global Trade, Investment, And Financial Regimes, Ross P. Buckley, Weihuan Zhou
East Asia Law Review
This article explores who has most skillfully used the rules of the global economic regime — China, or the nations whose companies invest in her? We first analyze China’s adoption and implementation of WTO commitments in the automotive industry and the cultural goods sector. We then consider the liberalization of China’s foreign direct investment (FDI) scheme and China’s use of FDI as a vehicle to acquire foreign technology, while also restricting FDI to protect the domestic banking sector. Finally, we analyze China’s engagement with the international financial regime, particularly its exchange rate policy, and whether this too represents a strategic …
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 …
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
Clashing Kingdoms, Hidden Agendas: The Battle To Extradite Kwok-A-Sing And British Legal Imperialism In Nineteenth-Century China, Jennifer Wells
East Asia Law Review
This essay blends history, law, and politics in considering the role of legal imperialism nineteenth-century English extradition law in colonial Hong Kong. Building upon the pioneering work of Jerome Cohen, this essay enhances and clarifies our understanding of Chinese legal history and its continued (and future) influence on Sino-Western relations. By focusing upon the series of In re Kwok-a-Sing decisions as they traversed courts from colonial Hong Kong to imperial London, this study analyzes how, through skilful legal reasoning, the British courts managed to circumvent laws and assert their political domination in Southeast Asia by repeatedly refusing to extradite Kwok-a-Sing …