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
This Week in Asian Law (April 14-20):The Chinese government orders Apple to remove WhatsApp and Threads from its app store in China; a Hong Kong judge agrees to hear arguments about the constitutionality of new restrictions on journalists accessing the government’s vehicles registry; a Japanese court rejects the claim by death row inmates that same-day notification of execution is unconstitutional; South Korea's government offers to compromise on the pace of increasing medical school admissions in order to end a two-month doctors' strike; Taiwan’s Vice President-elect Hsiao Bi-khim expresses confidence that Taiwan will soon achieve 50 percent female representation in its legislature.
The institute offers one currently enrolled NYU Law student the opportunity to work with the Asian American Scholars Forum, a 501(c)(3) nonprofit organization, to advance and protect the rights of Asian Americans and immigrants through policy and legal analysis and research at the intersections of national security, civil rights, and racial justice. The student will have the status of a Research Assistant and will work under the joint supervision of USALI Executive Director Katherine Wilhelm and Asian American Scholars Forum Executive Director Gisela Perez Kusakawa, an experienced civil rights lawyer. Applications are open until May 25, 2024. Applications will be considered on a rolling basis so please apply as early as possible.
Materials from China’s Xinjiang region, including cotton and polysilicon, permeate global supply chains. All products made with such materials are presumptively banned from the United States under the Uyghur Forced Labor Prevention Act, which took effect almost two years ago. Ned Levin, an attorney who has investigated forced labor in China and represents Uyghur asylum seekers in the United States, will explain how the UFLPA came about, how it works, the steps the US government has taken to enforce this massive and unprecedented new mandate, and reactions from companies and trade groups. He will also discuss his work with Uyghur asylum seekers, the challenges they face, and the importance of granting Uyghurs safe haven.
Chinese companies that operate in the US face an increasingly complex legal and political landscape. Rising geopolitical tensions between China and the US make it difficult for Chinese multinationals to comply with the laws of both countries. But they are reluctant to leave the US, having made substantial investments here. In Negotiating Legality: Chinese Companies in the U.S. Legal System, Ji Li uses interviews and survey data to tell the story of how Chinese companies develop in-house legal capacities, engage with US legal professionals, and navigate litigation in US courts.
Institute News
USALI Perspectives
Poverty is often the face of a woman. Rangita de Silva de Alwis, a member of the Committee on the Elimination of Discrimination against Women, hopes that this year’s meeting of the UN Commission on the Status of Women will help make women the face of anti-poverty solutions.
Taiwan’s recent general elections were accompanied by extensive attacks of online misinformation designed to confuse and disrupt the process. Authors Wen-Chen Chang and Yu-teng Lin argue that Taiwan’s response to these attacks embodies “civic constitutionalism” in action, with civil society organizations taking the lead to identify and correct the misinformation while the government played a supporting role.
The Chinese government orders Apple to remove WhatsApp and Threads from its app store in China; a Hong Kong judge agrees to hear arguments about the constitutionality of new restrictions on journalists accessing the government’s vehicles registry; a Japanese court rejects the claim by death row inmates that same-day notification of execution is unconstitutional; South Korea's government offers to compromise on the pace of increasing medical school admissions in order to end a two-month doctors' strike; Taiwan’s Vice President-elect Hsiao Bi-khim expresses confidence that Taiwan will soon achieve 50 percent female representation in its legislature.
China’s Supreme People's Court releases the draft of its second judicial interpretation of the Marriage and Family Section of the Civil Code; the Hong Kong Journalists Association seeks judicial review of the government’s new rules for journalists seeking to access the vehicles registry; a Japanese man who was denied a survivor’s pension after his wife died claims unconstitutional gender discrimination; South Korea’s opposition Democratic Party emerges victorious in legislative elections even though its leader, Lee Jae-myung, repeatedly interrupted his campaign to attend his own corruption trial; lawmakers from Taiwan’s ruling Democratic Progressive Party propose measures to tighten national security..
China’s success in cultivating Big Tech firms has enabled it to emerge as a formidable rival to the United States in the digital sphere. But in the past few years, the Chinese government has embarked on a massive regulatory crackdown, targeting its largest tech corporations such as Alibaba, Tencent, and Meituan. Many Western experts have viewed this tech crackdown as an assault on private businesses, causing doubt among investors about whether Chinese firms are still investable. Professor Angela Zhang will go beyond the headlines to unravel the dynamic complexity of China’s regulatory governance. Drawing insights from her newly published book, High Wire: How China Regulates Big Tech and Governs Its Economy, she will introduce the dynamic pyramid model of regulation, an analytical framework that demystifies Chinese regulatory governance. She will examine the impact of the tech crackdown on the administrative state, the competitive landscape, and global tech rivalry. And she will peer into the future by examining China’s strategy for regulating generative artificial intelligence.