NCUSCR: Ira Belkin and Margaret Lewis Lead China Town Hall

On Monday, October 28, 2013 the National Committee on U.S.-China Relations (NCUSCR) hosted its annual China Town Hall, an event that combined a webcast interview from Washington with former Secretary of State Madeleine Albright with on-site presentations by China specialists on topics of interest to local communities. USALI Executive Director, Ira Belkin and USALI Affiliated Scholar Margaret Lewis led two of the sixty-six on-site presentations from Fordham University and Bucknell University, respectively.

At Fordham University, Professor Belkin followed Secretary Albright’s comments on major bilateral issues such as trade, energy security, piracy, and peacekeeping with a discussion moderated by Carl Minzner, Associate Professor of Law at Fordham University, on the intersection between human rights issues and doing business in China.

Professor Belkin opened the discussion with his observation that there used to be a divide between business-related conversations about China, which involved talk about open markets and free trade, and human rights-related dialogue. Yet, with the recent surge of public confessions by prominent Chinese and foreign businessmen and journalists who have not been charged or given a trial, as dictated by Chinese law, this has begun to change. “China is using illegitimate means to shape public opinion,” Professor Belkin stated, citing the cases of Peter Humphrey, a British risk consultant who publicly confessed to using illegal methods to buy and sell personal information, Charles Xue, a Chinese-American entrepreneur and human rights advocate who publicly confessed to soliciting prostitutes, and Chen Yongzhou, a journalist who publicly confessed to defaming a partly state-owned firm in articles exposing alleged corruption. When asked to put the situation in historical context, Professor Belkin emphasized that the practice of public confessions is reminiscent of the Cultural Revolution, not of China’s legal developments over the last few decades. There is no law that prohibits confessions, he elaborated, but there is a law against coerced confessions.

On the issue of progress, Professor Belkin brought up the planned abolition of China’s re-education through labor system, a practice which has been in effect for over fifty years. Yet, he cautioned, China’s progress cannot be viewed from a linear perspective. “Sometimes it’s one step forward, two steps backward, or two steps forward, one step backward,” he said, admitting that he once thought that Weibo, China’s largest social media platform with over 500 million users, was the way to a “free China.” But the implementation of recent policies that label forwarded posts as “rumors” has led him to reconsider.

On what has caused these draconian policies and where China is headed, Professor Belkin posited that these new strategies are an effort on the part of the authorities to reclaim authority, but that there is no crystal ball when it comes to prophesying China’s future. It’s what he and all of the other China watchers out there are “always trying to figure out.”

At Bucknell University, Professor Lewis, Associate Professor of Law at Seton Hall School of Law, focused on the Bo Xilai Case and the Rule of Law in China. Professor Lewis’ talk stimulated questions from the audience about corruption in the Party, particularly the investigation of Zhou Yongkang, the former head of China’s Central Political and Legislative Committee, a powerful organ that oversees the country’s legal enforcement authorities. Zhou has recently come under scrutiny over allegations regarding corruption at the state-owned China National Petroleum Corporation.

Audience members were also interested in the role of social media in shedding light on officials' activities and the recent crackdown on Weibo.

Please click this link for more information on the National Committee on U.S.-China Relations Town Hall. 

Professor Jerome Cohen Receives Lifetime Achievement Award by the American Society of Comparative Law

On Friday, October 11, 2013 USALI Co-Director Professor Jerome Cohen received the American Society of Comparative Law's Lifetime Achievement Award, in recognition of his "extensive and rich work in Chinese law." The award was given at the Society's Annual Meeting in Little Rock, Arkansas.

The American Society of Comparative Law, Inc. (ASCL) is the leading organization in the United States promoting the comparative study of law. Founded in 1951, it is a thriving organization of more than 100 institutional sponsor members, both in the United States and abroad, and a growing number of individual members. It is a member in good standing of the American Council of Learned Societies and International Association of Legal Science.

The Lifetime Achievement Award was established in 2003 to honor living senior comparatists whose writings have changed the shape or direction of American comparative or private international law. It is a “non-monetary recognition of lifetime extraordinary scholarly contributions to comparative law in the United States.” Previous awardees are Alan Watson, Distinguished Research Professor and Ernest P. Rogers Chair, University of Georgia School of Law, and Mirjan R. Damaška, Sterling Professor of Law Emeritus, Yale Law School.

Please click here to learn more about the American Society of Comparative Law. 

Please click here for NYU Law's news coverage of Professor Cohen's Lifetime Achievement Award. 

Robert Barnett, Modern Tibetan Studies Program Director at Columbia University, Speaks at USALI

On Wednesday, October 9, 2013 Professor Jerome Cohen sat down with Professor Robert Barnett, Director of the Modern Tibetan Studies Program at Columbia University, to discuss Columbia's programs and his involvement with Tibet since visiting Lhasa for the first time in 1987.

Over the last twenty six years, Professor Barnett has devoted his work to informing the public about developments in Tibet.  Of his first visit there along with other foreign tourists in 1987, he said. “I suddenly realized it was up to us to collect information and pass it on.” In the late 1980s, Professor Barnett founded the Tibet Information Network, a news agency in London specifically focused on Tibet. In 1998, at the request of Professors James Seymour and Andrew Nathan, he traveled to Columbia University as a visiting scholar. At the time, although many universities still tended to treat Tibetan Studies as “marginal” and “exotic,” over the following years, at the urging of Professor Barnett and his colleagues, Columbia created a Master’s program and a Ph.D program in Modern Tibetan Studies, and is a leading force in the study of the region, including its cultural, religious, social and “geopolitical” dimensions. Professor Barnett oversees these programs.

Please click this link for more information on Columbia's Tibetan Studies Program.

 

USALI and the Center for Human Rights and Global Justice Host Vietnamese Delegation

On October 1, 2013 USALI and the Center for Human Rights and Global Justice (CHRGJ) at NYU Law met with a five-member ministerial-level delegation from the Vietnam Academy of Social Sciences (VASS) to discuss human rights curricula in legal education institutions.

VASS is a research institution under the Government of Vietnam with 37 research institutes and centers, and is comprised of over 900 professors, associate professors, and high-degree holders in the social sciences.  VASS recently established a Graduate Academy of Social Sciences to conduct research, advise the government, and provide master’s and doctoral degrees in the law and social science fields and public policy.  Human rights issues have become an urgent issue in Vietnam. The delegation came to the U.S. to explore and discuss different models of graduate training and research on human rights.

The three main purposes of the delegation visit were to:
1.      Engage in academic exchange of experiences in research and education of human rights;
2.      Build partnerships for cooperation in developing research, education and human rights training, and for formulating policy advice on human rights issues, laws and legal enforcement;
3.      Enhance VASS’ capacity to provide training in human rights at their institute and in Vietnam.  This includes exploring training programs, teaching curriculum, teaching materials/ books and learning about what students are expected to know and be able to do, what amount of training is classroom, thesis writing, faculty mentoring, externship, and so forth, the relationship between teaching and research, and the link between research and policy.

Joined by USALI Program Director Trinh Duong and NYU Law student Wendy Liu ('14), USALI Co-Director Professor Jerome Cohen and CHRGJ Faculty Director Professor Philip Alston discussed their experience with developing human rights curricula and programs for legal education settings. Additionally, Ms. Liu spoke about her experience in the International Human Rights Clinic, and delegation members discussed their interest in corporate social responsibility and environmental protection training.