On December 2, 2020 Faculty Director Jose E. Alvarez presented on “Researching and Writing on International Law Topics” as part of a webinar for National University of Singapore’s Centre for International Law (CIL). You may watch the webinar below.
Event Recording: Criminal Justice in Hong Kong Under the National Security Law
Professor Simon Young, a professor and associate dean of Hong Kong University’s Department of Law and a practicing Hong Kong barrister, will discuss how the criminal justice regime created under the new national security law differs from Hong Kong’s established criminal justice regime, and the implications for human rights in Hong Kong.
WSJ: In China, a #MeToo Case Gets Its Day in Court
On December 2, 2020, the Wall Street Journal published a story about a court hearing in a sexual harassment case in Beijing. This article included a quote from Affiliated Scholar Aaron Halegua. Halegua began researching this sexual harassment and discrimination as part of a USALI project, which happened to take place just after the #MeToo movement erupted in the US.
USALI in 2020: Advancing Our Mission
As the year-end nears, the faculty and staff of the US-Asia Law Institute extend our heartfelt greetings and hopes that all of you are well. Over the many years that we have worked to build bridges between the legal communities of Asia and the United States, we have developed a special USALI community made up of faculty, students, alumni, project partners, visiting scholars, and “regulars” at our weekly talks. The past year has tested all of us in ways we never anticipated, and we are sustained by the prospect of reuniting with many of you in person in a brighter new year.
Event Recordings: Law, Justice and Human Rights in China
Video recordings of all ten episodes of the acclaimed online seminar, “Law, Justice and Human Rights in China,” taught by USALI Faculty Director Emeritus Jerome A. Cohen and former USALI Visiting Scholar and Grove Human Rights Scholar at Hunter College Teng Biao, are available online here. Seminar readings are available here. USALI Executive Director Katherine Wilhelm moderates.
This Week in Asian Law
November 14-20. USALI’s weekly round up of legal developments and news from Asia. This week’s highlights include, China calls for a “coordinated approach“ to advance the socialist “rule of law,“ Hong Kong judge rules that police were wrong to hide ID badges, Japan finds its LGBT community mostly stays in hiding at work, South Korea court rules against state health insurer in damages suit against big tobacco companies, Taiwan drafts Trust Law amendments to prevent donated property from going back to the donor through private agreement, Vietnam launches a project to provide legal aid to disabled persons.
Event Recording: A New Chinese Economic Law Order
About the Event: China powered its way to the top of the global economy by applying a state-led, infrastructure-based development model that is hardly unique. But Professor Gregory Shaffer of UC Irvine School of Law argues that as China enters into strategic partnerships and bilateral agreements to promote its trade and overseas investment, it is incrementally altering the legal architecture of the global economy.
This Week in Asian Law
November 7-13. USALI’s weekly round up of legal developments and news from Asia. This week’s highlights include, China released draft Personal Information Protection Law for public comment, Hong Kong pan-democracy lawmakers resign en masse in response to the disqualification of four legislators by NPCSC, Japan shortens the length of detention for deportees, South Korea plans to push for legislative revisions to protect delivery workers, Taiwan’s marriage equality activities call for law interpretation to recognize cross-border same-sex marriage, Vietnam National Assembly is expect to vote on 7 laws and 3 resolutions during the plenary session.
Event Recording: COVID's Challenge to Taiwan and Vietnam
Recorded November 11, 2020. This is the final talk in our three-part series, COVID and Constitutions, which explores how the current pandemic challenges national and international legal orderings. This week, Professors Chuan-feng Wu, Wen-Tsong Chiou, and Trang Nguyen talk about why Taiwan and Vietnam have succeeded in containing the virus more successfully than most other nations, at least so far. Are their achievements sui generis, or are there lessons for other governments in the ways their constitutional and legal systems allocate authority in a public health crisis?
This Week in Asian Law
October 31 - November 6, 2020
China
China’s ruling Communist Party released the communique from its Fifth Plenum on Oct 29. This analysis in The Diplomat focuses on what the communique contains beyond techno-industrial policy for the next 5-year plan.
A former flight attendant is suing China Southern Airlines for suspending him after his sexual orientation was made public without his consent last year. The plaintiff appeared at a court in Shenzhen on November 1, arguing the suspension violates labor law.
The Council of Chairpersons decided on November 3 to convene the National People’s Congress Standing Committee (NPCSC) for a non-regularly scheduled session on November 10 - 11. This will be the sixth special session the NPCSC has held in less than two and a half years. NPC Observer published a preview of the three pieces of draft legislation on the NPCSC’s tentative agenda.
The office leading a nationwide campaign against organized crime (全国扫黑除恶办公室) issued its 6th press release on November 3 to update the status of four high-profile organized-crime cases, release statistics about cases it has handled, and publicize preliminary achievements of the national Campaign on Education and Rectification among China’s political and legal cadres. (in Chinese)
The Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of National Security and Ministry of Justice co-issued Opinions on Several Issues Regarding the Standardization of Sentencing Procedures on November 5 in order to regulate sentencing procedures in plea-for leniency cases. Representatives from the five agencies held a press conference the same day. (in Chinese)
Hong Kong
Seven pro-democracy lawmakers were arrested in Hong Kong on November 1, 2020 on charges related to obstructing a legislative council meeting in May. They announced their arrests on their individual Facebook pages. China imposed the National Security Law on Hong Kong in June, a move widely condemned by Western governments and human rights groups.
Hong Kong's police force launched an anonymous tip line on November 5 to encourage people to report each other for alleged violations of the National Security Law.
Ms. Choy Yuk, one of the producers of a TV documentary about the 2019 Yuen Long mob attack, was arrested in connection with the use of car license plate records. Following the arrest, local journalism groups criticized Hong Kong chief executive for her failure to safeguard press freedom.
The Constitutional & Mainland Affairs Bureau held a webinar on November 4 for disciplined services representatives to introduce new training resources to enhance front-line officers' sensitivity towards sexual minorities.
Secretary for Justice Teresa Cheng talked about sports law, sports arbitration and sports mediation at the Sports Dispute Resolution Conference during Hong Kong Legal Week 2020 on November 5.
Japan
An advisory panel at Japan’s Ministry of Justice recommended harsher penalties for crimes committed by 18- and 19-year-old offenders in its suggested revisions of the Juvenile Law. Other recommendations included expanding the range of crimes that such juveniles could be charged with and allowing the release of the suspect’s name and photo after indictment.
A group of citizens in western Japan sued the Kyoto governor on November 4 for the return of taxpayer money that he and other prefectural officials used to attend a Shinto ceremony last year to mark Emperor Naruhito’s enthronement. The plaintiffs argued that the officials violated the Constitution by attending the ceremony.
The National Police Agency said on November 5 that money-laundering cases in 2019 nearly tripled compared to the previous year. A police report indicated that e-money services have increasingly been used in criminal activities in Japan.
Koreas
The Seoul Central District Court ordered Interpark Corp., which runs a major Korean online shopping mall, to compensate more than 2,400 customers 100,000 won (US$88) each for a data leak in May 2016. The personal information of 10 million Interpark customers was compromised and the company informed its customers 14 days after it became aware of the leak.
Lee Chun-jae admitted in court on November 2 that he murdered 14 women and girls in one of South Korea’s most notorious serial killing cases. Lee apologized to the man who was wrongfully convicted for the crimes and spent 20 years in prison while maintaining his innocence.
The Seoul High Court on November 6 upheld the two-year prison sentence imposed on South Gyeongsang Province Gov. Kim Kyoung-soo, nearly two years after Kim was convicted of conspiring to manipulate online opinions in favor of President Moon Jae-in during his election campaign.
Taiwan
Foreign same-sex couples in Taiwan will be able to apply in Taipei for a commemorative “marriage certificate” that will not be legally binding. The certificates, which will be available from mid-November, are part of this city’s tourism promotion efforts.
The Taiwan Jury Association held a press conference at the Legislative Yuan in Taipei on November 2, 2020, criticizing the Judicial Yuan's plan to budget NT$120 million (US$4.15 million) next year for a public marketing campaign to promote a new lay judge system. The association says the campaign is an attempt to mislead society about “wrongly implemented” reforms. The association wants to create a jury system instead.
The Taiwan Environmental Protection Administration (EPA) has revised its draft regulations on restaurant air pollution to require eateries to install exhaust facilities and perform monthly maintenance, or face fines of up to NT$1 million (US$34,572).
The Taipei High Administrative Court on November 2 began proceedings in a case filed by over 50 professionals in Taiwan against the Ministry of Interior for potential infringement of data and identity protection in connection with a newly established digital ID system. The government plans to introduce electronic ID cards next year.
The Council of Grand Justice heard a legal argument on November 3 over whether convicted sex offenders should be held in a designated facility for mandatory therapy after release from prison.
Vietnam
The judiciary of Vietnam hosted the 8th meeting of the Council of ASEAN Chief Justices (CACJ) on November 5. The Chief Justices of the 10-member Association of Southeast Asian Nation (ASEAN) discussed ways to realize ideas and initiatives identified at previous events. They also looked into the regional context amid the COVID-19 pandemic and the challenges facing CACJ and the courts of members, along with solutions to those problems.
The Ministry of Labor, Invalids and Social Affairs proposed delaying a planned minimum wage increase until the third quarter of 2021 due to economic hardship caused by the COVID-19 pandemic. The current minimum monthly wage range from $133 - $190 in the four regions of Vietnam.
The United Nation Population Fund representative in Vietnam talked about gender equality work in Vietnam, the Vietnam Law & Legal Forum reported on November 2.
Event Recording: COVID's Challenge to Japan and Korea
Labour Protections for Overseas Chinese Workers: Legal Framework and Judicial Practice
This Week in Asian Law
October 24- 30, 2020. USALI’s weekly round up of legal developments and news from Asia. This week’s highlights include, a recent exoneree in China received state compensation; Hong Kong lawmakers back appointment of leading British judge to city’s top court; a Japan high court rules against a Korean school, denying discriminatory treatment based on political and diplomatic reasons; South Korea Supreme Court upheld a 17-year prison sentence on SK’s former President; two Taiwanese women military officers became the first same-sex couple to get married at a mass military wedding; Vietnam’s National Assembly mulls on the draft law amendment introducing controversial power cut-off penalties.
Event Recording: COVID's Challenge to the WHO Regime
This Week in Asian Law
October 17 - 23, 2020. USALI’s weekly round up of legal developments and news from Asia. Highlights include, new laws passed during the China’s National People’s Congress Standing Committee meeting; a system for reporting the execution of death row inmates to crime victims in Japan; a recent survey shows nearly half of the nation’s students are involved in cyber-bullying in Taiwan; and Vietnam’s National Assembly mulls on several important law amendments.
Event Recording: The Rise of China and International Law
Recorded October 21, 2020
One of China’s leading scholars writing about international law from a Chinese perspective, Professor Cai Congyan, will talk about the ways in which an increasingly wealthy and powerful China has evolved from “selective adaptation” of existing international legal norms to “norm entrepreneurship.”
Event Recording: World War II Reparations in Contemporary East Asia
Tim Webster, a professor of law, has dedicated many years to exploring the law, sociology, and politics of East Asia's World War II reparations movements -- which are still ongoing 75 years after the war’s end. Why are the last surviving war victims in Asia and their families still pursuing claims for reparations? Professor Webster will give an overview of the major legal cases, settlement agreements, international treaties, efforts by civil society organizations, and political negotiations to allocate liability for World War II.
Event Recording: China and Authoritarian International Law
International law has mainly been a product of liberal democracies since World War II. But democracy and liberalism are under assault from populists, economic nationalists, and autocrats. Tom Ginsburg, a professor of law and political science, asks what international law might look like if the global trend toward authoritarianism continues. He argues that today’s authoritarian regimes, including China, are using international law to promote their own survival, and may end up reshaping it in important ways.
Event Recording: Celebrating Jerry Cohen & Six Decades of U.S.-Asia Cooperation in Law
The U.S.-Asia Law Institute celebrated its founder and director emeritus, Professor Jerome A. Cohen, and his unique contributions to U.S.-Asia mutual understanding and cooperation in the field of law. 2020 marked Jerry Cohen’s 90th birthday and his official retirement from teaching at NYU – although not his retirement from writing, speaking, advocacy, and devotion to the U.S.-Asia Law Institute.
Event Recording: The New Cold War on Social Media
Rebecca MacKinnon, an Internet policy expert and advocate for governing the Internet according to international human rights standards, says the U.S. government’s recent moves to ban two leading Chinese-owned apps, TikTok and We Chat, and purge Chinese companies like Huawei from American networks are simply another version of “Internet sovereignty,” and will do little to protect the human rights of Internet users in the United States or around the world.