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.

China

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Chinese Influence Operations Under International Law

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In September, the federal court in Brooklyn unsealed an indictment against Linda Sun, a former aide to New York Governor Kathy Hochul, for failing to register as a foreign agent of the government of the People’s Republic of China and the Chinese Communist Party. Xuan W. Tay writes that while the art of influence is inseparable from the work of diplomacy, international law does not give PRC officials free rein to carry out influence operations inside other countries.  

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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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China's New Patriotic Education Law Shows the Degradation of Law

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China’s newly approved Patriotic Education Law offers a good illustration of what the ruling Communist Party means when it promises to “govern the country according to the law,” writes Ruiping Ye. It means giving policy documents the status of legislation. It is yet another manifestation of the integration of the Party and the state under the current Party leadership.

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The Holding Foreign Companies Accountable Act: Investor Protection or Geopolitics?

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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.

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February 24: A Clarifying Moment for China’s Foreign Policy

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Russia’s invasion of Ukraine on February 24 has abruptly propelled China much further down the path of policy confrontation with the US outside of Asia. Weakening Washington’s global leadership – specifically its sanctioning power and use of alliances to project power around the world – has become a new Chinese core interest.

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

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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.

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Exonerating Those They Prosecuted: Prosecutorial Reforms in China, the US, and Taiwan

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Traditionally, prosecutors have focused on putting criminals in jail. That narrow focus is now broadening to some extent on both sides of the Pacific as prosecutors in China, Taiwan, and the United States give significant attention to redressing wrongful convictions. The following is a brief comparison of reform efforts in those three jurisdictions.