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Articles 1 - 8 of 8
Full-Text Articles in Comparative and Foreign Law
Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang
Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang
Articles
This Article contributes to our understanding of the current state of cyber law. The global perspective demonstrates an almost uniform response to the U.S. law in cyberspace from all of America's major trading partners. In the past, comparative studies tended to focus on a single jurisdiction-typically, the European Union-and compared it with the United States. This approach, informative as it was, significantly understated the gravity of the differences between that jurisdiction and the United States. Fundamentally, it was based on an American-centric outlook with primary interests in building convergence models. In cyberspace, however, this is simply not helpful. In recent …
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan), Chengyu Shi
Tokyo High Court, Judgment For Jasrac Case (2013) (Japan), Chengyu Shi
Washington International Law Journal
The Tokyo High Court, Judgment of November 1, 2013 made a unique judgment in regard to standing to sue for a party who is not a direct addressee. Under the Japanese Administrative Case Litigation Act Article 9, Section 1, only “a person with legal interest” can bring an administrative lawsuit. The definition of “a person with legal interest” for revocation of a public order is an individual whose legal rights or interests are protected by law and are being infringed or threatened with unavoidable infringement. In addition to this definition, the Court considered not only the text of the law, …
Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Benjamin Minhao Chen, Zhiyu Li
Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Benjamin Minhao Chen, Zhiyu Li
Washington International Law Journal
The principal-agent model of administrative law sees bureaucrats as imperfectly supervised agents of their political principals and courts as a tool used by the latter to monitor and check the former. This paper compares how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries where one should expect to find significant barriers to administrative litigation—Japan, Singapore, and the People’s Republic of China. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have addressed the issue of standing over time. It …
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China", Benjamin Minhao Chen, Zhiyu Li
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China", Benjamin Minhao Chen, Zhiyu Li
Washington International Law Journal
For the proper application of the “Administrative Litigation Law of the People’s Republic of China” amended at the 11th session of the Standing Committee of the Twelfth National People's Congress, in consideration of the actual circumstances of the people’s courts, the interpretation on the application of the relevant provisions is hereby issued as follows:
Securities Supervision And Judicial Review [In China], Zhongle Zhan, Fengying Li, Inseon Paik
Securities Supervision And Judicial Review [In China], Zhongle Zhan, Fengying Li, Inseon Paik
Washington International Law Journal
Since its founding in 1992, the China Securities Regulatory Commission ("CSRC") has, by the design of the central government of China, become the primary regulator of the Chinese securities market. The CSRC has, however, made some controversial decisions in enforcing its securities regulations. In particular, this article addresses the legal implications of the CSRC's failure to comply with controlling securities regulations in rejecting the Hainan Kaili Central Construction Company's listing application and the ramifications of such selective regulatory enforcement. The article provides an analysis of the current relationship between Chinese administrative and securities law.
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
The Right To Fair Hearing In Japanese Administrative Law, Nathaniel L. Nathanson, Yasuhiro Fujita
Washington Law Review
The right to fair hearing in contemporary Japanese administrative law is a tender plant, lacking deep roots in historical tradition, and struggling for survival in a relatively hostile environment, Fair hearing was a concept practically unknown to the administrative law of pre-war Japan, which, taking its cue from German and French law, relied principally, not on the procedural rights of the individual, but rather upon the skill and dedication of administrators for the achievement of efficiency and justice, with only occasional judicial review by the Administrative Court. The Anglo-American maxim that "he who decides must hear" was indeed foreign to …
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa
Washington Law Review
The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Washington Law Review
The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …