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.
Peter Dutton joins Steve Orlins in a teleconference discussion about the recent decision regarding the South China Sea.
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.
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.
President Barack Obama's meeting with the Dalai Lama and Secretary of State Hillary Rodham Clinton's speech condemning China's internet censorship have added to the complications plaguing Sino-American relations, rekindling debate over the role of human rights in US policy towards China.
In three years of publishing a bi-weekly column in the South China Morning Post and in Taiwan's Chinese language China Times, many topics and issues have been raised. In the course of such writing, criticisms of said writing have also been raised. Yet, I reminan that I am neither "green" nor "blue."
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
Recent developments in the investigation of the famous artist-activist Ai Weiwei have again laid bare the extent to which China's police have warped the country's Criminal Procedure Law.
Before his arrest, Ai Weiwei was tireless in condemning the arbitrary nature of China's government. But his impact as an activist paled in comparison with how his April 3 disappearance into a secret Beijing police "safehouse" exposed the unfairness of the country's criminal justice system.
Blind legal activist Chen Guangcheng served 51 months in prison because of his efforts to defend women against forced sterilization by the government. But since completing his prison sentence, he has been imprisoned in his home and abused by police for more than a year now. What's new is that despite strict censorship, the plight of Mr. Chen and his family is attracting attention within China, and sympathizers are traveling from around the country to visit him.
Sino-American relations have long been plagued by unsubstantiated conspiracy theories that undermine needed efforts to develop mutual trust between the world's two most important countries. The ongoing saga of the "barefoot lawyer" Chen Guangcheng presents Chinese and foreign observers with at least two new, related puzzles and corresponding conspiracy theories.
As China's Communist Party elite prepare to select the country's leadership for the coming decade, to what extent does concern for the rule of law affect their deliberations? Will the successor to Zhou Yongkang, the Politburo Standing Committee member who controls the legal system, favor continuing lawless repression or seek to subject both Party and government to the law on the books that is often ignored in practice?
Going to the Chinese mainland can be dangerous. First-time visitors are often surprised at their freedom, and seasoned travelers may feel comfortable, but foreigners in China do get detained by police for many reasons. When commercial dealings sour business people of Chinese descent, including those from Taiwan and Hong Kong, are especially at risk.
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.