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Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman
Stanley Lubman
When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Richard Daniel Klein
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo
Law, Development And The Socio-Economic Rights Of Chinese Women, Margaret Woo
Margaret Y. K. Woo
How has the complex interaction of markets, law and development added or subtracted to the well-being of ordinary Chinese citizen? Specifically, this article examines how the development of a private market and accompanying legal structure resulted in Chinese women’s greater sense of rights entitlement and rights assertion. But abstract rights and the implementation of legal codes do not always mean rights adoption and neither does formal equality always translate into substantive equality. Through an analysis of 64 questionaires collected from legal aid litigants collected between the fall of 2002 and spring of 2003. The questionnaires unravel the complicated legal attitudes …
Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck
Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck
Susan D. Franck
In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …