The July 12 arbitration award in the Philippines case against China under the United Nations Convention on the Law of the Sea (Unclos) isn’t only significant for East Asia and maritime law. It will also have implications for public international law and the peaceful settlement of international disputes generally.
At long last, the Philippines and China will have answers to their heated dispute over the South China Sea. A tribunal at the Permanent Court of Arbitration in The Hague, Netherlands, has issued a landmark ruling addressing the Philippines' accusations that China has interfered with the rich fishing region of the Scarborough Shoal.
International media have come to focus on Tuesday’s anticipated decision in the Philippines’ arbitration against China. Beijing’s recent propaganda and diplomatic blitz has raised the prominence of the case to new heights. The dispute involves no fewer than 15 issues, many of them highly technical. Yet the basic issue in the case — whether the decision will be legally binding on China as well as the Philippines — is reasonably straightforward. Still there appears to be widespread misunderstanding surrounding it.
As the result of the arbitration case filed by the Philippines government against China on South China Sea questions is imminent, people are wondering how Beijing will react and what might happen next.
While tensions continue to rise in the South China Sea and the disputing governments nervously await a decision in the Philippines’ arbitration case against China, an important sideshow has arisen between Japan and Taiwan in the central Philippine Sea regarding a Taiwanese fishing vessel.
China issued a new regulation to better protect whistle-blowers who report work-related crimes. Among the provisions are several articles that not only prohibit retaliation, but also, for the first time, describe the many forms it can take and provide greater detail on how the government should prevent and address reprisals.
Associated Scholar Alvin Cheung's article on police laundering has been included in the North Carolina Journal of International Law.
Our Associated Scholar Alvin Cheung's work was recently featured on Hong Kong Foreign Policy.
On 11 February the South Korean government abruptly shut down the Kaesong Industrial Complex (KIC), a joint inter-Korean industrial zone located just north of the Demilitarised Zone (DMZ). The closure left more than 52,000 North Korean workers unemployed and more than 120 South Korean companies with nowhere to do business.
Professor Jerome A. Cohen contributed an Opinion piece to the Wall Street Journal entitled: "A Legal Defense Against Chinese Oppression."
Chinese President Xi Jinping stated that “China has made enormous progress in human rights. That’s a fact recognized by all the people of the world.” The statement is true when viewed against the abuses committed under Mao Zedong. Yet the 2015 UN report on China’s compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment presents a bleak view of the realities in China today.
Foreign NGO employees in China watched in horror last week as a Swedish rights activist went on state television to deliver what colleagues described as a “forced confession”.
How should China’s human rights lawyers confront increasing repression under President Xi Jinping? I discussed this question several years ago with a group of Chinese activist lawyers, some of whom the Communist Party later imprisoned.
The anticipated turnout for Saturday’s presidential and legislative elections in Taiwan will be relatively modest compared with its great importance in so many respects. A major question, of course, is whether – if the Democratic Progressive Party’s candidate Tsai Ing-wen wins – her administration can manage a smooth transition to the next stage of Taiwan’s relations with mainland China
Meeting people who could be disappeared anytime is a bit unnerving. You keep wondering if this is the last time you’ll see them. You want to ask what you should do in case something bad happens, but you don’t want to distress them by asking too directly.
The recent disappearance of publisher Lee Po—allegedly kidnapped from Hong Kong and rendered to Mainland China—has prompted widespread alarm about the state of Hong Kong’s autonomy, both within the city and internationally.
They came for the feminists in the spring. In the summer, they came for the rights-defense lawyers. And on Dec. 3, the eve of China’s Constitution Day, Chinese authorities initiated a widespread crackdown on labor activists in the industrial powerhouse of Guangdong province.
The final volume of this dictionary covers 100 prominent figures of the reform era in China, which spans the last 40 years or so. Read an excerpt here.
By tracing the historical development of the relation between the Chinese Communist Party and China’s courts, this article finds that in order to subjugate the state as a whole to its superior power, the Party has confined judicial power to a ranking order which it has determined and administered.