Promoting Rule of Law and Human Rights in Asia

The U.S.-Asia Law Institute serves as a bridge between Asia and America, fostering mutual understanding on legal issues, and using constructive engagement with our partners to advocate for legal reform.

 

New and Notable

New and Notable
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Girding for 2025

As we reflect on developments in East Asia in 2024 through the lens of law and legal processes, one thing is clear: the United States in 2025 must pay more attention to the growing domestic political instability of its allies, Japan, South Korea, and Taiwan. South Korea’s brief flirtation with martial law grabbed attention, but it has suffered legislative logjam for months. So has Taiwan, and similar prospects loom for Japan.

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USALI Faculty Director Emeritus Jerome Cohen Reflects on China's Rule by Law in an Interview

Professor Cohen, founder and faculty director emeritus of the U.S.-Asia Law Institute, was interviewed by The Wire China about China’s “rule by law”, where he discusses the growing repression in China's legal system and where there is still room for optimism.

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

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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USALI is Accepting Applications for 2025-2026 Visiting Scholars Program

The U.S.-Asia Law Institute welcomes a small number of visiting scholars each fall to work on self-directed research projects addressing issues involving law in East Asia, including in the domestic law of individual East Asian jurisdictions, comparative law, and international law. Applicants should be legal scholars or practitioners who are highly motivated to advance knowledge, engage with new perspectives, and network with colleagues from around the world. The application period for 2025-2026 visiting scholars is now open until January 31, 2025.

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Talking Points: What Does US Law Say About Taiwan?

One of the most complicated issues in contemporary international relations is the status of the self-governing island of Taiwan and its government in Taipei, formally called the government of the Republic of China. During the 2024-2025 academic year, the U.S.-Asia Law Institute is hosting a series of speakers to address Taiwan’s status. We began with a talk by Richard Bush, a nonresident senior fellow at The Brookings Institution who led US engagement with Taiwan from 1997 to 2002 as chairman and managing director of the American Institute in Taiwan. In his October 30, 2024 online talk at NYU Law, Bush explained the genesis and significance of the 1979 Taiwan Relations Act.

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Publications

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Talking Points: What Does US Law Say About Taiwan?

One of the most complicated issues in contemporary international relations is the status of the self-governing island of Taiwan and its government in Taipei, formally called the government of the Republic of China. During the 2024-2025 academic year, the U.S.-Asia Law Institute is hosting a series of speakers to address Taiwan’s status. We began with a talk by Richard Bush, a nonresident senior fellow at The Brookings Institution who led US engagement with Taiwan from 1997 to 2002 as chairman and managing director of the American Institute in Taiwan. In his October 30, 2024 online talk at NYU Law, Bush explained the genesis and significance of the 1979 Taiwan Relations Act.

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Young Climate Activists Win Big in South Korea

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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Institute News

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This Week in Asian Law

December 22 - December 28

China’s legislature says it will rein in courts that are holding original shareholders liable for company debts even after transferring their shares; Hong Kong police add six names to a wanted list of exiled political activists; the upper house of Japan’s parliament approves restrictions on controversial political funds; South Korea’s National Assembly impeaches the acting president in a deepening political crisis; Taiwan’s legislature rejects all seven of President Lai Ching-te’s nominees for the Constitutional Court, effectively paralyzing the court.

This Week in Asian Law

December 15 - December 21

China’s Ministry of Foreign Affairs denies that the government operates secret police stations abroad; Hong Kong’s chief executive supports using ballot boxes that will scan voters’ ballots in next year’s legislative election; Japan’s lower house agrees to abolish controversial policy activity funds that lawmakers can spend without disclosure; South Korean President Yoon Suk Yeol defies summons from investigators seeking to question him about his attempt to impose martial law; Taiwan’s opposition parties pass controversial legislation to constrain the Constitutional Court, raise the threshold for recalls, and channel tax revenues to local governments.

Girding for 2025

As we reflect on developments in East Asia in 2024 through the lens of law and legal processes, one thing is clear: the United States in 2025 must pay more attention to the growing domestic political instability of its allies, Japan, South Korea, and Taiwan. South Korea’s brief flirtation with martial law grabbed attention, but it has suffered legislative logjam for months. So has Taiwan, and similar prospects loom for Japan.

Program on International Law & Relations in Asia

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Program on International Law & Relations in Asia

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