Promoting Rule of Law and Human Rights in Asia
The U.S.-Asia Law Institute serves as a bridge between Asia and America, fostering mutual understanding on legal issues, and using constructive engagement with our partners to advocate for legal reform.
New and Notable
We continue our “Taiwan Legal” speaker series by examining the United Nations’ position on the legal status of Taiwan. In 1971, the UN General Assembly passed Resolution 2758 declaring that the “representatives of the Government of the People’s Republic of China are the only lawful representatives of China to the United Nations,” displacing the Republic of China, which had held the “China” seat since the UN was founded. Jacques deLisle, a professor of law at the University of Pennsylvania, will explain the background and legal effect of the resolution, how the PRC reads--and misreads-- it and why this 54-year-old resolution matters today.
President Donald Trump’s proposal to allow Nippon Steel to invest in U.S. Steel could produce a genuine victory out of the embarrassing saga of the past year. Andrew McDermott, a long-term investor in Japan, says the key question in any new deal will be whether the terms allow Nippon Steel to deploy its management strengths and show Americans the path back to their manufacturing glory days. For this, we need to once again value real engineering over financial engineering.
The U.S.-Asia Law Institute celebrated the forthcoming publication of Professor Emeritus Jerome Cohen’s memoirs with a book talk and reception attended by dozens of colleagues, students, and mentees from across his lengthy career, along with several generations of family members.
Donald Trump’s return to the White House has brought a massive acceleration of the trade war with China that he began during his first term and that President Biden deepened. So far, Trump’s focus has been on tariffs, not exclusive to China. Biden introduced a complex array of US export, import, investment, and sanctions regimes more narrowly targeting China, each with distinct but overlapping rules. The resulting trade regime is difficult for American companies to follow and also increasingly relies upon cooperation and enforcement by other countries. Transshipment restrictions have become an onerous element of both US and Chinese measures. Particularly affected are East Asian countries that are usually regarded as US partners but rely on trade with both superpowers. Christina Davis, a professor of Japanese politics at Harvard University and director of the Program on U.S.-Japan Relations, and Pasha Hsieh, professor of law at Singapore Management University, will discuss the economic and political impact that US-Chinese rivalry is having on these countries, how much agency they have to comply or abstain from the superpower struggle, the impact on regional trade patterns, and whether these smaller countries may help lead the way back to a more unified rules-based trade order.
Publications
One of the most complicated issues in contemporary international relations is the status of the self-governing island of Taiwan and its government in Taipei, formally called the government of the Republic of China. During the 2024-2025 academic year, the U.S.-Asia Law Institute is hosting a series of speakers to address Taiwan’s status. We began with a talk by Richard Bush, a nonresident senior fellow at The Brookings Institution who led US engagement with Taiwan from 1997 to 2002 as chairman and managing director of the American Institute in Taiwan. In his October 30, 2024 online talk at NYU Law, Bush explained the genesis and significance of the 1979 Taiwan Relations Act.
President Donald Trump’s proposal to allow Nippon Steel to invest in U.S. Steel could produce a genuine victory out of the embarrassing saga of the past year. Andrew McDermott, a long-term investor in Japan, says the key question in any new deal will be whether the terms allow Nippon Steel to deploy its management strengths and show Americans the path back to their manufacturing glory days. For this, we need to once again value real engineering over financial engineering.
Institute News
February 9, 2025-February 15, 2025
China’s Supreme People’s Court and Supreme People’s Procuratorate issue new typical cases; the chair of the Hong Kong Journalists Association sues her former employer, the Wall Street Journal; President Donald Trump’s comments that Nippon Steel would invest in US Steel instead of pursuing a takeover reportedly took both companies by surprise; South Korea’s opposition-led National Assembly calls on Acting President Choi Sang-mok to completely fill the bench of the Constitutional Court as it hears the impeachment trial of President Yoon Suk Yeol; Taiwan’s opposition-controlled legislature votes to impose new requirements to initiate the recall of elected officials.
February 2, 2025-February 8, 2025
China files a WTO complaint against the US in response to President Trump’s 10% tariff on Chinese imports; the long-running national security trial of former Apple Daily publisher Jimmy Lai resumes after a lunar new year break with the prosecutor challenging Lai’s credibility; Japan’s National Police Agency says the number of reported crimes rose in 2024 due to increased investment fraud and social media scams but remains below historic highs; South Korea’s Constitutional Court schedules the start of its impeachment trial of Prime Minister Han Duck-soo; partisan groups in Taiwan submit petitions to launch recall campaigns against each other’s legislators.
The U.S.-Asia Law Institute celebrated the forthcoming publication of Professor Emeritus Jerome Cohen’s memoirs with a book talk and reception attended by dozens of colleagues, students, and mentees from across his lengthy career, along with several generations of family members.
Program on International Law & Relations in Asia
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Program on International Law & Relations in Asia
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China’s legal service sector is growing rapidly, including not only commercial law offices but publicly funded legal aid and innovative free legal advice platforms. At the same time, the regime has largely suppressed the country’s human rights lawyers. What is going on? Hualing Fu, dean of the law faculty at the University of Hong Kong and visiting professor at NYU School of Law, will share his research into an emerging new sector that he calls “public legal services,” which the party-state is developing in order to ensure that social disputes are resolved speedily in line with regime interests. In the process, Chinese lawyers may be transitioning backward from legal professionals to state legal workers.