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Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman Feb 1999

Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.

I have not speculated here about appropriate …


Dispute Settlement Procedures And Mechanisms, Petros C. Mavroidis Jan 1999

Dispute Settlement Procedures And Mechanisms, Petros C. Mavroidis

Faculty Scholarship

The role that the World Trade Organization (WTO) plays in the settlement of United States-Japan trade disputes is, but should not be, U.S. and Japan-specific. The WTO is a multilateral forum and this aspect of its character must be maintained for the WTO to acquire credibility in the settlement of trade disputes. Trade disputes, if at all, should be exceptional not because of the parties involved, but because of their subject matter. Nothing indicates that the U.S.-Japan trade disputes are subject matter-specific. In fact, the opposite is true: there is ample evidence demonstrating that disputes over the same issues among …