Volume 4, Number 9
K W
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
K W
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
K W
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
K W
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
K W
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.

Judicial Reforms

,

Taiwan’s Citizen Judges Act: Part II

,

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.

,

Taiwan’s Citizen Judges Act: Part I

,

In 2020, after years of advocacy by judicial reformers, Taiwan’s legislature passed the Citizen Judges Act, providing for professional judges to share their benches - and their power - with lay judges in a relatively small subset of criminal cases. The law takes effect January 2023. USALI Perspectives invited six experts in Taiwan’s judicial system to unpack the practical challenges and potential larger significance of this seemingly small step.

,

A Reputation Tarnished: Reflections on the Resignation of Overseas Judges from Hong Kong’s Court of Final Appeal

,

Hong Kong has been privileged to have a panel of eminent overseas judges to serve as non-permanent judges of its Court of Final Appeal (CFA). The willingness of overseas judges to serve on the CFA was seen as a vote of confidence in the constitutional model of “One Country, Two Systems,” in which a common law legal system and its values were to be preserved within a socialist sovereign. Now two UK judges have resigned, expressly citing the National Security Law as the reason.