Volume 4, Number 9
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Legal Dialogue, Chinese Style

Legal scholars in China generally refrain from criticizing official policies in public. Qin (Sky) Ma writes that scholars’ response to the feared shutdown of the China Judgments Online (中国裁判文书网) at the end of 2023 was a noteworthy deviation from the norm. It showed that the space for critical discourse, though constrained, is not entirely closed and that strategic engagement by scholars can have impact. 

Volume 4, Number 8
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Feminization of Poverty and Women's Leadership

Poverty is often the face of a woman. Rangita de Silva de Alwis, a member of the Committee on the Elimination of Discrimination against Women, hopes that this year’s meeting of the UN Commission on the Status of Women will help make women the face of anti-poverty solutions.

Volume 3, Number 24
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The Holding Foreign Companies Accountable Act: ...

Tamar Groswald Ozery argues that risks to investors may actually be worsened by US enforcement of the Holding Foreign Companies Accountable Act, which was enacted in the name of investor protection. Ozery describes the HFCA as part of a geopolitical agenda of decoupling, but says it is backfiring by enhancing the Chinese government’s control over Chinese issuers.

Volume 3, Number 20
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The High Price of Lying in US-China Relations

Following the recent Chinese balloon incident, both Washington and Beijing would do well to recall lessons from a failed CIA espionage mission in China 70 years ago, says Jerome A. Cohen. US refusal to acknowledge the CIA’s role resulted in its own agent, John T. Downey, spending almost 21 years in a Chinese prison. The most obvious lesson: how counterproductive it is for governments to engage in lying.

Volume 3, Number 19
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The Future of CEDAW

Rangita de Silva de Alwis, who joined the Committee on the Elimination of Discrimination against Women in January 2023, shares her vision for future development of the jurisprudence of the Convention on the Elimination of All Forms of Discrimination against Women.

Number 5

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Same-Sex Partnerships: A Test of Hong Kong’s Constitutional Order

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In 2023, the Hong Kong Court of Final Appeal delivered a landmark judgment in Sham Tsz Kit v. Secretary for Justice, giving the Hong Kong government two years to provide an alternative legal framework to recognize same-sex partnerships. The court’s deadline has passed with no such legal framework in place. Preston Cheung and Venisa Wai write that what the government does next will send an important signal about the future of Hong Kong’s constitutional order and the authority of the Court of Final Appeal in deciding constitutional questions.

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Why America’s Steel Industry Needs Nippon Steel: An Investor’s Reflections

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President Donald Trump’s proposal to allow Nippon Steel to invest in U.S. Steel could produce a genuine victory out of the embarrassing saga of the past year. Andrew McDermott, a long-term investor in Japan, says the key question in any new deal will be whether the terms allow Nippon Steel to deploy its management strengths and show Americans the path back to their manufacturing glory days. For this, we need to once again value real engineering over financial engineering.

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China's New Patriotic Education Law Shows the Degradation of Law

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China’s newly approved Patriotic Education Law offers a good illustration of what the ruling Communist Party means when it promises to “govern the country according to the law,” writes Ruiping Ye. It means giving policy documents the status of legislation. It is yet another manifestation of the integration of the Party and the state under the current Party leadership.

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Taiwan’s Citizen Judges Act: Part II

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Lay adjudication can give citizens a meaningful role in the administration of justice and may boost their confidence in the courts. However, the use of lay adjudication also may raise questions about the extent to which systems can deliver a fair trial and the safeguards needed to assure accused persons that the system of adjudication is independent and impartial.