Articles

The Philippines v. China Jurisdictional Award and its Implications for the Republic of Korea

Published May 9, 2016

Abstract The Philippines v. China jurisdictional award seemingly challenged the rule that third party fora cannot assume jurisdiction in the context of a territorial dispute without the consent of all parties involved. The present paper analyzes the decision and identifies its implications for the Republic of Korea in territorial disputes with its Chinese, Japanese and… Read more

The Return of Private Banks? Grass-root Lending Institutions in China

Published May 9, 2016

Abstract Although grass-root private lending institutions are not an idiosyncratic economic phenomenon unique to China, their ambiguous and complex legal status within China’s financial system gives rise to unique legal questions that merit serious research and analysis. Assisted with firsthand operational information collected from forty-nine current and former private lenders, this paper seeks to contribute… Read more

Is There a Way in the Labyrinth of Treaty Norms Leading to the Applicable Rule?: Investor-State Investment Settlement under the China-Korea FTA, China-Japan-Korea BIT and China-Korea BIT

Published May 9, 2016

Abstract With the signature of the Free Trade Agreement between the People’s Republic of China and the Republic of Korea (CK FTA) in 2015 and subsequent ratification, there will be three sets of rules with respect to investment flow between China and Korea, i.e. the Agreement among the Government of the People’s Republic of China,… Read more

Criminalization of Drug Trafficking in Vietnam: Developments and Challenges

Published May 9, 2016

Abstract Since the adoption of an “open door” economic policy in 1986, drug trafficking in Vietnam has increased significantly. In 1997, Vietnam ratified the three UN drug control conventions and launched efforts to bring its national laws into line with them. As a newcomer to these international standards, Vietnam lacked experience in developing laws to… Read more

Legal and Political Rights Advocacy in Wrongful Conviction Death Penalty Cases in China: A Study of the Leping Case of Injustice

Published May 9, 2016

Abstract The problem of wrongful conviction has become more widely acknowledged in China today. Drawing on a study of the Leping case of injustice, in which four defendants were convicted of rape and murder and sentenced to death for a crime they had not committed, this article discusses how the efforts of correcting it meet… Read more

Explaining the Failure of Environmental Law in China

Published May 9, 2016

Abstract China has experienced remarkable economic growth in recent decades, with an average annual growth of approximately ten percent. As a result of this unprecedented and miraculous growth, China’s economy has expanded impressively and is now the second largest economy in the world (with a nominal GDP of USD 10.36 trillion in 2014), behind only… Read more

History and the Boundaries of Legality: Historical Evidence at the ECCC

Published May 4, 2016

Abstract The Extraordinary Chambers in the Courts of Cambodia (ECCC) began operations in 2006, after a generation of historians and archivists had already collected documents, interviewed victims, perpetrators, and bystanders, and written accounts of the 1970s that directly addressed both the factual questions of what happened in Cambodia and legal questions of individual responsibility. Today,… Read more

Exclusionary Rules in China

Published May 4, 2016

Abstract This article conducts a close examination of China’s exclusionary rules, and presents a detailed discussion of its possible meanings as well as its advantages and shortcomings in the context of comparative law. Part I presents a general survey of China’s exclusionary rules, including the history of the relevant legislation, and ideas that furthered the… Read more

State-Owned Enterprises in Singapore: Historical Insights Into a Potential Model for Reform

Published May 4, 2016

Abstract This article argues that the Singapore GLC Model is so closely intertwined with Singapore’s idiosyncratic history and unique regulatory culture that, although the model has been extremely successful within Singapore, transplanting it to China could be difficult.  The article also explores the extent to which the success of the Singapore GLC Model and China’s… Read more

Taking Voting Leverage and Anti-Director Rights More Seriously: A Critical Analysis of the Law and Finance Theory

Published May 4, 2016

Abstract The “Law and Finance theory”—which offers analytical frameworks to measure the protection of public investors and the quality of corporate governance—has dominated the comparative corporate governance scholarship in the last decade. So far, many proponents and critics have had debates on the relevance of the theory and the implications of the theory’s empirical studies. Several important points in… Read more

Corporate Governance Models and Practices in Japan and East Asia: Proceedings of a Panel Discussion

Published Nov 29, 2015

Abstract Despite general interest in the economic rise of Asia and in the role of law in the development of the region, the literature on comparative corporate governance in Asia is surprisingly undeveloped with respect to in-depth comparisons among Asian countries. In particular, it should be both valuable and feasible to compare and contrast corporate… Read more

Judicial Inactivism in Protecting Financial Consumers against Predatory Sale of Retail Structured Products: A Reflection from Retail Structured Notes Lawsuits in Taiwan

Published Nov 29, 2015

Abstract This article analyzes 310 structured note lawsuits in Taiwan between 2000 and 2013 to examine courts’ attitude in dealing with claims of misselling retail structured notes. We find that courts were generally not favorable to retail investors. This provides a contrast with the financial regulator’s efforts to improve financial consumer protection since 2008. By… Read more

International Criminal Law with Asian Characteristics

Published Nov 29, 2015

Abstract The history of international criminal law typically effaces Asian experience of the topic. This is partly because incidents such as the Tokyo Trial disclose racial and colonial biases that are now seen as embarrassing. Yet failing to engage with Asian experience also impoverishes our understanding of the possibilities and limitations of international criminal law…. Read more

Property Rights Arrangement in Emerging Natural Resources: A Case Study of China’s Nationalization of Wind and Sunlight

Published Nov 29, 2015

Abstract The passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the “Regulation”) that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this… Read more

The Indian Anomaly: Rethinking Credit Rating Agency Regulation from the Economic Perspective of Hyman Minsky

Published Nov 29, 2015

Abstract Policymakers have blamed credit rating agencies for the recent financial crisis – but they could be wrong. India can aid in understanding whether the agencies can still be relied upon as private “gatekeepers” in financial markets, or whether public institutions must take primary responsibility. The economist, Hyman Minsky, advocated for robust public regulation and… Read more

Recent and Noteworthy Legal Works Published in China

Published Nov 29, 2015

Abstract 1985 and 1986 were banner years in Chinese legal publishing. More than ever, Chinese legal scholars and commentators were freed from producing numbingly repetitive law textbooks and guides for cit- izens on such topics as family law and criminal law and began to write books and articles, some imbued with an unprecedented innovative spirit,… Read more

Legal and Extra-legal Issues in Joint Venture Negotiations

Published Nov 29, 2015

Abstract More than eight years have passed since the People’s Republic of China took the first concrete step in its policy of opening to foreign business by publishing a law on Chinese-foreign joint ventures (the “Joint Venture Law”). The Joint Venture Law, even sketchier than the recent foreign investment guidelines issued by the Soviet Union… Read more

Foreign Direct Investment in the People’s Republic of China: Progress, Problems and Proposals

Published Nov 29, 2015

Abstract This article is written from the point of view of foreign transna- tional corporations (TNCs) interested in making direct investments in the People’s Republic of China (PRC or China), and reviews the progress that they have made to date, identifies what are generally perceived to be the major problems encountered by TNCs in China… Read more

Imperial China’s Border Control Law

Published Nov 24, 2015

Abstract The passage of persons, things, and even ideas across China’s land and sea boundaries was subject to a comprehensive network of rules promulgated by the Qing state (1644-1911) and its predecessors. This intricate regulatory system was of functional importance in the management of China’s relations with foreign countries, and it offers rich food for… Read more

Sovereign Immunity: Chinese Views and Practices

Published Nov 24, 2015

Abstract Since the establishment of diplomatic relations between the People’s Republic of China and the United States in 1979, the Sino-U.S. relationship has undergone substantial development. In the legal field, for example, a series of agreements have been reached on such diverse issues as nuclear energy cooperation, avoidance of double taxation, scientific and technical cooperation,… Read more

China’s Quest for Legal Modernity

Published Nov 24, 2015

Abstract Chinese law today is in a state of amazing efflorescence. Systematization of legal propositions is not, however, a newcomer in China nor is law administration a lately developed concern of an authorita- rian state. On the contrary, awareness of laws and of lawfulness existed long ago. Documents of the later years of the Zhou… Read more