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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Focusing on ESG Could Prevent Disasters Like Fukushima

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How much liability should company directors bear for extremely unlikely but extremely damaging accidents? Yoichiro Hamabe critiques a recent Tokyo High Court decision that excuses directors of liability for the devastating Fukushima nuclear power plant meltdown of 2011. He argues that imposing a heightened duty of care in high-risk sectors like nuclear power could encourage company directors to pay more attention to environmental risks and community safety, ultimately preventing disasters like Fukushima.

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Legal Dialogue, Chinese Style

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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. 

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Hong Kong’s National Security Law Turns Three

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Hong Kong’s National Security Law came into effect three years ago this month. One of the Special Administrative Region’s leading legal scholars, Johannes Chan, takes stock of the law’s devastating impact on civil society, freedom of speech, and the legal system itself. He warns that the impending trial of former Apple Daily publisher Jimmy Lai will be a trial of the independence of the judiciary and the integrity of the legal system.

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Decoding the Supreme People’s Court’s Services and Safeguards Opinions

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Over the past seven years, the Supreme People’s Court has issued almost 30 documents that contain the phrase “judicial services and safeguards.” These documents have received little attention but they represent what is becoming the SPC’s most important function in the Xi Jinping era: translating Chinese Communist Party policies into guidance for lower-level courts.