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.

Volume 5

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Young Climate Activists Win Big in South Korea

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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.

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China’s Ban on Sexual Harassment: A Four-year Report Card

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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.

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Why Blocking the Nippon Steel Deal May Seriously Harm US-Japan Relations

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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.

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Chinese Influence Operations Under International Law

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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.