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Full-Text Articles in Law
Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels
Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels
Seattle University Law Review
It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
Michigan Journal of International Law
To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
International Law Studies
China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Akron Law Review
This essay starts with two simple questions: Why do law schools in China have so little discussion of legal ethics? Why do students not press or seek more discussion of this topic? The essay then looks at the creation of norms of legal ethics from a topdown perspective and the inadequacy of that approach. Both a bottomup and top-down examination identify the tremendous challenges facing the Chinese emerging legal culture in building a coherent model of lawyering that can serve as the foundation for a system of legal ethics. This essay is intended as a contribution to the growing English …
Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai
Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai
Akron Law Review
This article takes an interdisciplinary approach by drawing on political science, international relations, and legal global governance literatures to explain how China’s foreign policy impacts and guides its trade policy, which is manifested in the three core interests. The article makes the case that the core interest analysis holds promising explicative, predictive, persuasive, and coalition-building value in the arenas of global trade policy and dispute settlement. This article proceeds in five main parts. Part II traces the contours of China’s three core interests in action, both in the domestic and international spheres. While not purporting to be exhaustive, it takes …
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong
Pace International Law Review
This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
Re-Clarifying China’S Trust Law: Characteristics And New Conceptual Basis, Kai Lyu
Re-Clarifying China’S Trust Law: Characteristics And New Conceptual Basis, Kai Lyu
Loyola of Los Angeles International and Comparative Law Review
The common law trust institution always encounters modifications when it is transplanted to civil law jurisdictions. China designs its Trust Law with three characteristics in the process of localization: indeterminate title of trust assets, settlor’s intrusive rights, and beneficiary’s right in personam with two peculiarities. By virtue of these characteristics, Chinese lawmakers and politicians expect to make the trust institution more acceptable for the general public and orchestrated with the civil law tradition. However, these characteristics give rise to theoretical confusions and practical obstacles. This unintended result is not caused by insufficient rules in the Trust Law but by a …
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
University of Baltimore Journal of International Law
For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …