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Full-Text Articles in Law
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 …
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