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.

Courts

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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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When Judging Meets Development: Foreign Judges on Pacific Courts

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Pacific island states are unusual, but not alone, in relying on foreign judges to sit on their highest courts. This essay focuses on the intersection of foreign judging and overseas development assistance. Does the appointment of foreign judges undermine the very qualities of good governance and the rule of law that development agencies seek to promote?