The U.S.-Asia Law Institute congratulates Dr. Eva Pils on her recent promotion to a full professorship (chair) at King’s College London, effective from September 2018. Eva Pils joined King’s College London in September 2014 as a Reader in Transnational Law. She studied law, philosophy, and sinology in Heidelberg, London, and Beijing.
Recent Events: Bail Reform in Massachusetts
USALI has been working with experts in in Asia to share information about criminal justice reform generally and in China to share information about “bail reform” in particular. In fact, we have a bilingual book scheduled for publication later this month comparing pre-trial detention regimes in the United States and China.
Jerome A. Cohen Honored with the Order of the Rising Sun from the Government of Japan
April 4, 2018 -- Jerome A. Cohen, NYU Professor of Law and Faculty Director of the U.S.-Asia Law Institute, received the illustrious honor of The Order of the Rising Sun, Gold Rays with Neck Ribbon. Consul General Ambassador Reiichiro Takahashi awarded the prestigious honor. The evening also featured congratulations by NYU Law School Dean Trevor Morrison and U.S.-Asia Law Institute Senior Fellow Ren Ito. Professor Cohen was awarded for his outstanding contributions in promoting interactions among Japanese and U.S. legal professionals as well as to enhancing the understanding of Japan among people in U.S.
2018 Spring Festival Message
2017 Publication Highlights
2017 Summary of Activities
Gelatt Dialogue 2017: Watch & Read
On November 6, 2017 the U.S.-Asia Law Institute held its 23rd Annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia. This year’s theme - “China and International Law: Human Rights, Sovereignty, and Maritime Disputes” - focused on China's approach to international law during the Xi Jinping era as seen through the Communist Party's human rights record, Taiwan-Mainland cross-strait legal problems, China's maritime disputes in the East and South China Seas and the erosion of the Sino-British Joint Declaration on Hong Kong. This all-day event will feature speakers from China, Japan, Taiwan, and Hong Kong as well as the United States.
NYU Law receives $5 million gift from the Government of Japan
NYU School of Law has announced a grant of $5 million from the Government of Japan for an endowment of the U.S.-Asia Law Institute (USALI) to ensure its long-term sustainability and to promote the use of international law to resolve conflicts and disputes in Asia.
From the Archives: Just Fifteen Books on China?
It would be a delightful summer diversion. What China-watcher wouldn’t relish an assignment to select fifteen good books to introduce general readers to contemporary China? It promised to be easy. After all, I had recently reviewed the state of the art while my wife and I were working on our last book, China Today (Harvard Magazine, February 1975, Page 31). And the assignment would be worthwhile, spurring me to catch up on a flurry of new books. I had visions of days spent reading in the hammock or on the beach, and the evenings devoted to the new parlor game of challenging fellow Sinologues to name their fifteen favorites…
USALI Affiliated Scholar Teaches at Columbia
A Meeting with Professor Yuan Lin from Southwest University of Political Science
Delegation from Japan Federation of Bar Associations Visits New York
USALI Visits East China University of Political Science and Law (ECUPL)
As part of our work on preventing and redressing wrongful convictions, the U.S.-Asia Law Institute partnered with NYU Law Professor Erin E. Murphy, a nationally recognized expert on DNA typing, whose research focuses on technology and DNA evidence and whose work has been cited multiple times by the Supreme Court.
A Year End Letter
Dear Friend,
As we begin the New Year, we at the U.S.-Asia Law Institute would like to express our gratitude for your continued support. We would also like to take this opportunity to provide a brief synopsis of our activities over the past year. 2016 has been a wonderful and ambitious time at the U.S.-Asia Law Institute!
We began the year auspiciously, welcoming labor law expert Mr. Huang Leping as a Visiting Scholar for the month of February. While at NYU he studied the U.S. legal system, meeting with judges, scholars and other individuals in mutually beneficial legal exchanges. Please follow this link for more information on Mr. Huang Leping's time at the U.S.-Asia Law Institute.
Spring blossomed on a high note in April with an immensely popular public dialogue with Joshua Wong, Hong Kong Umbrella Revolution Activist. He spoke about the foundation of the student activist group Scholarism in 2011, which was heavily involved in the protests against the introduction of Moral and National Education into Hong Kong school curricula in 2012. Please click here for coverage on the public dialogue with Joshua Wong.
In March, we welcomed Ms. Masako Mori, Minister of Women's Empowerment and Child-Rearing in Japan, for one of our weekly lunch dialogues. In total, we held over 33 weekly lunches hosted by USALI Faculty Director Jerome A. Cohen. We also coordinated 20 special events including a conversation with Jenny Yang, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), and welcomed many visiting delegations including one from East China University of Political Science and Law, led by ECUPL’s President, Professor Ye Qing. Please click this link to find out more about East China University of Political Science and Law's visit to the U.S.-Asia Law Institute. Throughout the year, Professor Cohen and USALI-affiliated scholar, NYU Adjunct Professor Peter Dutton of the U.S. Naval War College, also convened multiple meetings and roundtable discussions concerning the UN Convention on the Law of the Sea and the disputes in the South China and East China Seas, both anticipating and then analyzing the Philippines arbitration decision handed down July 12, 2016.
Over the summer we kept busy with our institute projects and finalizing the details for our forthcoming bilingual publications on best practices to avoid false confessions during police interrogation and protecting individual’s rights during pre-trial release and detention decision-making. Keep an eye on our website in the New Year for updates. We also began preparations for our workshops in China on criminal justice, labor law, anti-discrimination law and professional responsibility for lawyers, scheduled for December 2016 and January 2017.
We spent a productive October with a group of Chinese visiting scholars to share experiences relating to wrongful convictions in the United States, China, Japan, Korea and Taiwan. Meetings with experts from the U.S. Innocence Project, as well as the University of Virginia and the University of Michigan, proved an excellent opportunity for U.S. and Asian experts to learn about how to prevent and redress wrongful convictions. One of the highlights of the visit was a tour of New York City’s state-of-the-art DNA laboratory. Also in October, USALI-affiliated scholar Aaron Halegua published a major report on labor rights in China. Based on over 100 interviews, observations of legal proceedings, and extensive documentary research, Who Will Represent China’s Workers? Lawyers, Legal Aid, and the Enforcement of Labor Rights examines the legal violations suffered by workers, the range of legal service providers, and how workers fare in litigation.
In November, we held our 22nd Annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia. This year we focused on the recent Philippine arbitration award and invited maritime law experts from several countries to participate. USALI-affiliated scholar Professor Peter Dutton and Visiting Scholar Isaac Kardon, both of the U.S.-Naval War College, helped to steer this fascinating dialogue. Please follow this link to watch the entire 22nd Annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia.
December and January have brought a series of activities, meetings, and workshops in China for the Institute. With experts including Professors Sida Liu, Randy Hertz, Paulette Caldwell, Cynthia Estlund, Erin Murphy and Brandon Garrett, we held legal exchanges with Chinese experts at Chinese law schools on labor law, anti-discrimination, professional responsibilities of lawyers, and criminal justice.
Lastly, this year also saw many changes at the Institute. Having completed her JSD degree at NYU, Research Scholar Ms. Yu-jie Chen became a Visiting Scholar at Columbia University’s Weatherhead East Asian Institute, while continuing her collaboration with Professor Cohen and other USALI scholars on the role of human rights in China-Taiwan cross-strait relations, a project sponsored by the Smith Richardson Foundation. Program Assistant Jean Lee left us to enroll in Harvard Law School. We expect great things from her. In August, we welcomed Ms. JoAnn Kim as Program Assistant, and she has been doing a wonderful job coordinating Institute logistics and weekly lunches. This December we also bade farewell to Administrative and Program Director Trinh D. Eng. Trinh joined USALI in 2011, and her guidance has been instrumental in helping USALI to grow into the organization it is today. We are sad to see her go, but happy to know that she will still be in the NYU family, just a few short blocks away. Mr. Eli Blood-Patterson (J.D. ’14) took the helm of Program Manager this December, and has hit the ground running. Come January, we expect to welcome Mr. Allen Clayton-Greene (LLM ’14), as a Research Scholar.
As we begin 2017, we remain committed to our mission to promote constructive engagement with Asian partners to advocate for legal reform in Asia and the United States. This goal can only be accomplished with the support and active participation of our colleagues and friends around the globe. Please consider making a gift to the U.S.-Asia Law Institute.
With your continued support, we look forward to another successful year!
Warm regards,
Ira Belkin
Executive Director
U.S.-Asia Law Institute
East China University of Political Science and Law Delegation Visits USALI
On June 1, 2016, a delegation from Shanghai visited the U.S.-Asia Law Institute (USALI). Led by Professor Ye Qing, President of East China University of Political Science and Law, this delegation sought to learn more about institutional and legal mechanisms securing the independence of prosecutors and judges in the U.S. and Canada. USALI Executive Director Ira Belkin and Faculty Director Professor Jerome Cohen both introduced the U.S. prosecutorial system to the delegation, discussing how the principle of checks and balances helps to harness prosecutorial discretion.
Our guests also reviewed recent reforms within the Chinese judiciary system, including moves to decoupling local government from the procuratorate and court in matters of finance and human resources. These measures ensure independence and personal responsibility for individual judges, promoting the central role the trial plays in the proceedings.
Exchange between top US and Hong Kong anti-discrimination officials arranged by USALI
U.S.-Asia Law Institute research fellow, Aaron Halegua, organized a meeting between Hong Kong’s Equal Opportunities Commission (EOC) and American anti-discrimination officials and experts on May 3, 2016. Participants from the United States included David Lopez, General Counsel of the U.S. Equal Employment Opportunity Commission (EEOC), Richard Fincher, a professional mediator and arbitrator of labor and employment disputes, and Mr. Halegua. The group met with Professor Alfred Chan, the recently appointed Chairperson of the EOC, and members of his staff. The participants discussed the legal framework for anti-discrimination protections in both jurisdictions and the various institutions and procedures for resolving allegations of discrimination. Mr. Lopez also introduced the history of the Civil Rights Act and EEOC as well as more recent developments in protections from discrimination based on sexual orientation and religion, including decisions by the U.S. Supreme Court.
A Conversation with Joshua Wong
April 18, 2016 - Hong Kong Umbrella Revolution Activist Joshua Wong spoke at New York University about the foundation of the student activist group Scholarism in 2011, which was heavily involved in the protests against the introduction of Moral and National Education into Hong Kong school curricula in 2012. He also spoke about the Umbrella Movement pro-democracy protests of 2014. Joshua Wong was one of Time Magazine's 25 Most Influential Teens of 2014 and one of Fortune Magazine's World's 50 Greatest Leaders of 2015. He is a founder of the political party Demosisto, which is expected to contest the upcoming Hong Kong Legislative Council elections in September 2016.
Meeting with U.S. Equal Employment Opportunity Commission (EEOC) Chair
On Saturday, April 9, 2016 the U.S.-Asia Law Institute at NYU Law School hosted a meeting between Jenny Yang, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Aaron Halegua, a research fellow at the Institute, and several leading Chinese anti-discrimination advocates. Chair Yang introduced the structure of EEOC and the many functions it performs, including investigating claims of discrimination, collecting data from employers, issuing guidance documents, and litigating cases in federal court. The participants also discussed various forms of discrimination that are found in both countries, such as discrimination based on sexual orientation, pregnancy, and disability, as well as strategies for combating discrimination.
Visit from Scholar Fabian Duessel and a Discussion on An International Bill of the Rights of Man
On Thursday, April 7, 2016 USALI hosted Fabian Duessel, a research fellow at the Chair of Constitutional Law, Public International Law and Human Rights Law at the University of Tuebingen. The aim of this presentation is to assess to what extent Sir Hersch Lauterpacht’s revolutionary work, An International Bill of the Rights of Man, published in 1945, may be applicable to the 21st century Asian context. Lauterpacht’s book was written at a time when the notion of international human rights protection was in its infancy. However, his analysis proved to be an invaluable handbook for architects of the European Convention on Human Rights.
Two points are of special interest. First, Lauterpacht strategically situated his project within Western notions of the law of nature, natural rights and international law. He also specifically addressed difficulties presented by particular constitutional cultures, such as the uncodified British constitution. Similarly, one must consider to what extent an Asian human rights mechanism may be dependent on specific philosophical legacies and constitutional peculiarities in the region. Second, Lauterpacht strongly argued against the use of a system of international judicial review, and thus did not support the establishment of a purely international judicial enforcement mechanism. His thoughts on enforcement may thus be of value in the current Asian political context, where flexibility and elasticity may be more appropriate.
Without ignoring recent international, regional and sub-regional developments, it is hoped that by “going back to basics”, applying the most fundamental principles to the contemporary context, progress can be made in furthering international human rights protection in Asia.
About Fabian:
Fabian Duessel is currently a research fellow at the Chair of Constitutional Law, Public International Law and Human Rights Law at the University of Tuebingen. He holds an LL.B. from the London School of Economics (2010) and is currently an LL.M. candidate at the University of Tuebingen. He also holds an M.A. in Governance from the University of Hagen (2015). At the University of Tuebingen he regularly teaches UK public law (since 2012) and occasionally gives lectures on public international law (since 2014). As visiting scholar at National Taiwan University he co-taught an intensive course on international human rights law with Prof. Jau-Yuan Hwang (2014) and Prof. Jochen von Bernstorff (2015). At the 6th Asian Constitutional Law Forum (2015), held at the National University of Singapore, he presented a paper comparing regional human rights protection in Europe and Asia. He is particularly interested in the development of constitutionalism and human rights in East Asia. His other research interests include international organisations and global governance. Having lived extensively in the UK, Germany and Taiwan, he speaks fluent English, German and Mandarin.
Huang Leping Visits USALI
For the month of February 2016, USALI is pleased to welcome Mr. Huang Leping as a Visiting Scholar. Huang will be studying the American legal system, meeting with judges and other individuals for legal exchange.
Huang Leping is a labor law expert and has a Ph.D in Law. He serves as Director of Beijing Yilian Legal Aid and Research Center of Labor and Director of the Beijing Yixian Law Firm. He is also a member of the China National Occupational Diseases Classification and Catalogue Expert Committee, Executive Director of the Labor Economy and Domestic Labor Dispatch Professional Committee under the China Association for Labor Studies, Deputy Director of Labor and Social Security Professional Committee under Beijing Lawyers Association, and an arbitrator of Beijing Labor Dispute Arbitration Committee. Mr. Huang was awarded, among others, “National Outstanding Lawyer in Protecting Workers’ Rights and Interests” and “National May 1st Labor Medal”.
After suffering from a workplace injury in 2003, he began his career studying and practicing labor and social security law. He has provided legal aid for thousands of labor disputes, some of which have established national judicial precedents. He founded Beijing Yilian Legal Aid and Research Center of Labor, which is the first professional labor law legal aid organization in China. Yilian has provided legal services for more than 130 thousand workers and has helped nearly 7000 workers receive a total of RMB190 million of compensation. Yilian was awarded “Beijing Excellent Organization in Charity and Public Interest Activities”, and was invited to participate in labor legislation by the Education, Science, Culture and Public Health Committee of NPC, Legislative Affairs Office of the State Council, and Ministry of Human Resources and Social Security.