International Law Commons^™

Towards A Convention For The International Sale Of Real Property: Challenges, Commonalities, And Possibilities, Christopher K. Odinet

Faculty Scholarship

In a world that is increasingly global in scope, society has come to view the ever-growing body of international commercial laws as being exceptionally important. This is evidenced through the adoption of several high profile pieces of legislation over the past several decades: International Interest in Mobile Equipment - Study LXXI, the EU’s Draft Common Frame of Reference, the EU Directives on Consumer Protection, and, most noteworthy of all, the Convention for the International Sale of Goods (CISG).

As raised by Professors Sprankling, Coletta, and Mirow, what has been conspicuously absent from this growing body of laws is an international …

China And Disability Rights, Michael Ashley Stein

Faculty Publications

No abstract provided.

Women's Employment Rights In China: Creating Harmony For Women In The Workplace, Jamie Burnett

Indiana Journal of Global Legal Studies

This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving …

The Puzzle Of "Freedom Of Contract" In China's Contract Law, Jun Zhao

ILSA Journal of International & Comparative Law

Recent events have intensified the debates over "freedom of contract" and governmental intervention in China: the Shanxi coal mining reform and the forced mergers, the corkage fee dispute in Guizhou, the offers posted on the Internet selling human milk, contractual surrogacy arrangement, contractually designed money laundering scam in western China under the name of western China development, just to name a few

East Asian Order Formation And Sino-Japanese Relations, Men Honghua

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Silencing The Silk Road: China's Language Policy In The Xinjiang Uyghur Autonomous Region, Aurora Elizabeth Bewicke

San Diego International Law Journal

As part of its push for mono-culturalism throughout China in general, and in the XUAR in particular, China's language policy is at the forefront of what some have labeled China's program of "cultural genocide." While most agree that this provocative terminology is overstated, China's language policy may well be at the root of various human rights violations. Part II of this article will describe the historical context and modern realities of China's language policy in the XUAR, which is compromised of both overt policies in the form of laws, regulations, and policy statements as well as more covert policies, which …

Making Transfer Of Clean Technology Work: Lessons Of The Clean Development Mechanism, Mei Gechlik

San Diego International Law Journal

This Article takes a closer look at the case of China to fill the gap. It draws on numerous sources including Chinese laws and regulations, the country's policies on climate change, the country's technological capabilities and business environment, observations made by CDM specialists, and other studies of CDM projects. Such a comprehensive discussion, together with Dechezleprete et al.'s findings, will present a more complete picture of what actually drives the transfer of clean technologies to China and will, therefore, help design an effective post-Kyoto framework to facilitate international diffusion of clean technologies.

Combatants, W. Hays Park

International Law Studies

No abstract provided.

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.

Is Labor Really Cheap In China - Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro

San Diego International Law Journal

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.

A Proposal For Change In Immigration Policy: Asylum For Traditionally Married Spouses, Tamika S. Laldee

Case Western Reserve Journal of International Law

No abstract provided.

Human Rights In China: Introduction, Hsiu-Lun Teng

Human Rights & Human Welfare

The People’s Republic of China has experienced rapid and cardinal changes in its political, economic, and societal realms over the past thirty years. These changes, in conjunction with China’s political and economic policies abroad, have left recognizable imprints on a variety of human rights issues. The human rights issues discussed in this digest cover both domestic and international dimensions.

Trafficking Of Women And The Harmonious Society: The Chinese National Plan Of Action On Combating Trafficking In Women And Children Within The Context Of Chinese Patriarchy And Reform, Sean Michael Barbezat

Human Rights & Human Welfare

The Chinese National Plan of Action on Combating Trafficking in Women and Children, an evolution of prior regional cooperative work in coordination with the United Nations Inter-Agency Project on Trafficking (UNIAP), is a considerable accomplishment. It represents a comprehensive, practical foundation for counter-trafficking work, and addresses the most serious concerns raised by Chinese and international anti-trafficking research over the last dozen years. However, a statement of this magnitude produced by a state not known for its sweeping human rights instruments leads to suspicion.

Tibet Under Chinese Rule, Dina Buck

Human Rights & Human Welfare

The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.

Uyghurs Under The Chinese State: Religious Policy And Practice In China, Katie Corradini

Human Rights & Human Welfare

The government of the People’s Republic of China (PRC) is notorious for committing human rights violations. These violations include infanticide, human trafficking, violent enforcement of the one-child policy, and religious persecution. The international community commonly overlooks religious persecution of the Uyghurs, who are targeted and often oppressed by the Chinese government. China is arguably the center of the political and economic international system but, as the Uyghur diaspora expands to developed countries, including the United States, the rest of the world must understand the issues at the forefront of the conflict.

Chinese Women And Economic Human Rights, Lisa Fry

Human Rights & Human Welfare

Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …

Why China Supports Burma’S Dictators, Dustin Stokes

Human Rights & Human Welfare

Burma, also known as Myanmar, is governed by a repressive dictatorship that is guilty of numerous human rights abuses. Political prisoners, oppressed women and ethnic minorities, and child soldiers are examples of human rights violations in Burma. Burma’s government benefits from its relationship with China, whose support for the dictatorship is motivated by its own economic and strategic interests. The United States and its Western allies must alter their existing Burma policy, which has been part of the problem, in order to help end the suffering of the Burmese people.

Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang

Faculty Scholarship

In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to …

Human Trafficking In The People’S Republic Of China, Annie Dullum

Human Rights & Human Welfare

As China rises to become a superpower and is placed in the national spotlight as the host for the upcoming 2008 Beijing Olympics, China is struggling to represent its ability to be powerful and stable within its own borders resulting from a staggering human rights record. Among the policies contributing to human rights violation, population controls are in place that create barriers to residence and immigration, which means that desperate individuals cannot legally move to other countries. As well, Chinese citizens are vulnerable to the practices of traffickers who move individuals illegally around the world.

Uighurs In Xinjiang: A General Assessment Of The Roots Of Unrest, Vladislav Shchukin

Human Rights & Human Welfare

Chinese governmental repression in Xinjiang against the Uighur minzu, or ethnic group, constitutes a significant infringement on human rights. The atmosphere of repression in Xinjiang is perhaps unmatched even by that of Tibet, and it is virtually the only region in China where execution of political prisoners is still common. Uighurs are subject to severe censorship, arbitrary arrest and the denial of due process, torture and inhumane treatment, and punishment disproportionate to their crimes.

Dancing With The Dragon: What U.S. Parties Should Know About Chinese Law When Drafting A Contractual Dispute Resolution Clause, Marcus Wang

Student Articles and Papers

This paper draws on scholarly and field research in both the United States and China to present a legal and practical primer for U.S. parties entering the Chinese marketplace.

As China's role in the global economy becomes more prominent, American companies are finding that doing business in China is necessary to retaining a competitive edge. As the number of transactions between American and Chinese companies increases, however, the number of potential disputes increases correspondingly. Unique legal and practical circumstances in China require a China-specific approach to managing such disputes.

The paper identifies one such approach – the use of a …

Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly

Articles by Maurer Faculty

No abstract provided.

Varieties Of Marketization In China : The Impact Of Private Entrepreneurs, Local Governments, And State-Owned Enterprises, Ji-Yong Lee

Legacy Theses & Dissertations (2009 - 2024)

The dissertation examines roles and effects of local government and private entrepreneurial class focusing on three localities in China in the course of marketization, based on the assumption that, at the local level in post-Maoist China, transitional paths toward a market-based economy from the planned economy are significantly affected by leading actors such as local governments, private entrepreneurs, or state-owned enterprises; economic development and formation of vibrant local market economy tend to be strongest when led by private entrepreneurs and weakest when led by state-owned enterprises. It especially focuses on formation of private entrepreneurial class and its roles in constructing …

Strengthening China's Regulatory Regime: How The United States Can Engage, Herbert Claiborne Pell

South Carolina Journal of International Law and Business

This article considers how the United States can constructively contribute to the development of a more effective regulatory regime in the People's Republic of China (PRC). It opens with a review of the history and issues associated with China's regulatory regime. It then surveys ongoing challenges and responses to these challenges. Finally, it considers the national interests of the United States and China in regulatory reform and proposes modest strategic initiatives for the United States to pursue in light of these analyses of need and common interest. The article's argument crosses the disciplinary boundaries of law, political science, sociology, economics, …

Solutions For Disputes Over Intellectual Property Between Taiwan And China – Analyzing Arbitration, Szu-Chou Peng, Fu-Jung Wu

Barry Law Review

Increasing business transactions between Taiwan and China have caused international intellectual property disputes to become a new and serious problem for Taiwanese businessmen who have direct and indirect investments in trade. In order to solve this problem, Taiwan and China sequentially set special regulations. For example, section 74 of the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area was enacted by the government of Taiwan to recognize China’s civil arbitration procedures. On July 23, 2004, China established the Regulations of the Supreme People’s Court Regarding the People’s Courts’ Recognition of the Civil Judgments Rendered by …

The One-Child Policy, Gay Rights, And Social Reorganization In China, Kody Gerkin

Human Rights & Human Welfare

China’s youth are becoming adults in an unprecedented era. The Chinese have achieved rapid, sustained economic growth under a Communist government that has simultaneously been initiating a wide range of social planning initiatives.

Education For All Children, Sharon Harrall

Human Rights & Human Welfare

The UN Declaration of Human Rights, ratified in 1948, declared for the first time the right to education as a human right. Article 26 (1) states that “everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory.” Since then, the right to education has been reaffirmed in subsequent treaties and global conferences. These treaties have also highlighted the need to provide education to all children without discrimination, and particularly to ensure equal access for girls. Historically, we have seen great gender disparities in the enrollment rates of …

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

The Continuation Of Slavery In The Modern World: The People’S Republic Of China And Forced Labor Practices, Jasmine Koehn

Human Rights & Human Welfare

The age-old scourge of slavery has returned to plague the modern world. Though updated to match societal advances, the basic premise remains: human beings degraded to the point of becoming a mere commodity. Today’s world calls modern day slavery human trafficking, and it can take many forms, including forced labor. In the People’s Republic of China (PRC), two distinct forms of forced labor exist. One form is the more traditional master-slave system, wherein people are bought and sold, or kidnapped, and subsequently forced to work, often in intense and dangerous manual labor. The second form exists legally under the Chinese …