U.S.-Asia Law Institute

Last August, a group of youthful plaintiffs in South Korea unexpectedly won their lawsuit charging that the government’s official greenhouse gas reduction targets were unconstitutionally inadequate. It was the first victory outside Europe against a national climate target. Sejong Youn, the plaintiffs’ lawyer, writes that more wins may follow, as youths in Japan and Taiwan also have sued their respective governments this year. He says that courts are increasingly stepping forward to protect a vulnerable minority - future generations - from discrimination by an indifferent majority.

By Aaron Halegua and Yifu Dong

It has been nearly four years since China gave sexual harassment victims the explicit right to sue their harasser and began requiring employers to take “reasonable” measures to prevent and stop sexual harassment. Contrary to the early hopes of reformers, Aaron Halegua and Yifu Dong find that the impact on sexual harassment litigation so far has been limited. Relatively few victims seem to be bringing claims, damage awards generally remain low, and employers remain liability-free.

By Bruce Aronson

A December 18 deadline looms for the US government to decide if it will allow or block Japanese company Nippon Steel from buying once-mighty, now troubled U.S. Steel. Bruce Aronson writes that the Japanese government and business community are deeply concerned by the prospect of a rebuff on national security grounds. With the presidential election over, it’s time for Americans to focus on the possible harms to US-Japan relations and US outgoing investment if Washington blocks the deal.

In September, the federal court in Brooklyn unsealed an indictment against Linda Sun, a former aide to New York Governor Kathy Hochul, for failing to register as a foreign agent of the government of the People’s Republic of China and the Chinese Communist Party. Xuan W. Tay writes that while the art of influence is inseparable from the work of diplomacy, international law does not give PRC officials free rein to carry out influence operations inside other countries.  

By Bruce Aronson

Economic nationalism is one of the few things that can unite Democrats and Republicans these days. Politicians in both parties have spoken out against Nippon Steel’s planned purchase of former giant U.S. Steel. But does the transaction truly pose a threat to US interests? Is steel still a strategic industry or does it merely evoke nostalgia for an industrial past?  What national security or economic interest is at stake?  After all, Japan is our most important ally in the Asia-Pacific region. And what kind of reviews must be passed for the deal to go through? Bruce Aronson assesses the proposed transaction.