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U.S.-Asia Law Institute

About
Mission
People
Visiting Scholars
Opportunities
Contact
Work
About our Work
International Law & Relations
Legal Exchange
Research
Japan Center
Events
Upcoming Events
Event Recordings
The Gelatt Dialogue
Past Events
USALI Perspectives
Recent Articles
Past Volumes
Mission Statement
Editorial Advisory Board
How to Submit
Publications
Support
June 6, 2024
Volume 4, Number 9
K W
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. 

February 22, 2024
Volume 4, Number 8
K W
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.

May 22, 2023
Volume 3, Number 24
K W
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.

March 20, 2023
Volume 3, Number 20
K W
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.

March 7, 2023
Volume 3, Number 19
K W
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.

Guest User
January 13, 2022
Volume 2, Number 11

Where’s the Law in the Rules-based International Order of the Indo-Pacific?

Guest User
January 13, 2022
Volume 2, Number 11

Multilateral cooperation has fractured further, with the US and China each seeking support from members of the international community and justifying their respective strategies to uphold the “rules-based international order of the Indo-Pacific.”

Tagged: Tan Hsien-Li, Indo-Pacific, China

Guest User
December 16, 2021
Volume 2, Number 10

China’s Mixed Attitudes towards the WTO

Guest User
December 16, 2021
Volume 2, Number 10

The way forward is sometimes presented as a choice between reforming the WTO and reforming China. The answer is that reform is needed on both sides.

Tagged: WTO, China, U.S., Manjiao Chi

K W
December 9, 2021
Volume 2, Number 9

How to Prevent Miscarriages of Justice

K W
December 9, 2021
Volume 2, Number 9

Courts should not consume badly prepared police “meals.”

Tagged: China, Grace (Yu) Mou, wrongful convictions, police

Guest User
December 2, 2021
Volume 2, Number 8

Rescuing the World Trade Organization

Guest User
December 2, 2021
Volume 2, Number 8

It is in the mutual interest of both the US and China to find multilateral solutions to their trade grievances – not by flouting WTO rules, but rather within the WTO.

Tagged: James Bacchus, WTO, China, U.S.

K W
November 23, 2021
Volume 2, Number 7

Leading from Behind the Scenes

K W
November 23, 2021
Volume 2, Number 7

COP26 was a big disillusion. In putting forward valid claims of many developing nations for more adaption, mitigation, and loss and damage, China lessened the pressure on its own emission reduction targets.

Tagged: China, Climate Change, Nora Sausmikat

Guest User
November 11, 2021
Volume 2, Number 6

Securitizing Overseas Nonprofit Work in China

Guest User
November 11, 2021
Volume 2, Number 6

In the five years since China’s overseas NGO legal and political framework came into effect in January 2017, the Chinese Ministry of Public Security has assumed full policy control over the work of overseas NGOs, foundations, think tanks, and business associations in China

Tagged: Mark Sidel, China, nonprofits, foundations

K W
October 20, 2021
Volume 2, Number 5

Sanctions and Human Rights: Lessons from Hong Kong

K W
October 20, 2021
Volume 2, Number 5

For the vast majority of Hong Kong residents, who have no plans to emigrate, US sanctions have exacerbated the conflict and worsened their situation.

Tagged: Hong Kong, Carole J. Peterson, Human Rights

K W
October 14, 2021
Volume 2, Number 4

Public Interest and Private Actors

K W
October 14, 2021
Volume 2, Number 4

Six years after Chinese civil society organizations were empowered to participate in environmental law enforcement by filing public interest litigation, they have proven the value of their role.

Tagged: Hao Zhuang, environment, public interest

K W
September 30, 2021
Volume 2, Number 3

Why I Research China’s Supreme People’s Court

K W
September 30, 2021
Volume 2, Number 3

Some say it is my fate in life (缘分) to research China’s Supreme People’s Court. I was set on this unlikely path in the late 1980s.

Tagged: courts, Susan Finder

Alexis Sanborn
September 9, 2021
Volume 2, Number 2

How China’s Civil and Commercial Dispute Resolution Systems Are Evolving

Alexis Sanborn
September 9, 2021
Volume 2, Number 2

China’s three dispute resolution systems have taken very different reform paths due to the distinct roles they play in society.
By Weixia Gu

Tagged: Weixia Gu, dispute resolution, arbitration, mediation, CICC

Alexis Sanborn
September 2, 2021
Volume 2, Number 1

Is There an “Asian” Perspective on International Law?

Alexis Sanborn
September 2, 2021
Volume 2, Number 1

A year ago, inspired by Anthea Robert’s path-breaking work on “comparative international law,” I began encouraging guest presenters in USALI’s Program on International Law and Relations to try to answer that question.
By José E. Alvarez

Tagged: international law, José E. Alvarez

Alexis Sanborn
June 17, 2021
Volume 1, Number 26

Development Rights for All

Alexis Sanborn
June 17, 2021
Volume 1, Number 26

Transferable development rights would give Hong Kong citizens an immediate interest to push for the housing essential for Hong Kong’s future.
By Qiao Shitong and Roderick Hills Jr.

Tagged: Shitong Qiao, Roderick Hills Jr., Housing, Hong Kong

Alexis Sanborn
June 7, 2021
Volume 1, Number 25

A Great Schism in the Chinese-Speaking World

Alexis Sanborn
June 7, 2021
Volume 1, Number 25

Fellow activists who used to fight for freedom, constitutionalism, and human rights in China are now divided into two distinct factions, the most serious split in half a century
By He Weifang

Tagged: He Weifang, US-China Relations, US Elections, President Trump, East-West Studies

Alexis Sanborn
June 1, 2021
Volume 1, Number 24

The Impact of the Landmark Sapporo Ruling on Marriage Equality in Japan

Alexis Sanborn
June 1, 2021
Volume 1, Number 24

We have made major progress, but our goal remains distant
By Takeharu Kato

Tagged: Takeharu Kato, Same-sex marriage, Japan, LGBTQ rights

Alexis Sanborn
May 21, 2021
Volume 1, Number 23

The Costs of Separating Investment from Human Rights

Alexis Sanborn
May 21, 2021
Volume 1, Number 23

The EU Comprehensive Agreement on Investment with China as Exhibit A
By Sharon Hom

Tagged: Sharon Hom, China, EU-China Relations, Investment, Human Rights

Alexis Sanborn
May 13, 2021
Volume 1, Number 22

Why Don’t Chinese Divorce Courts Better Protect Women?

Alexis Sanborn
May 13, 2021
Volume 1, Number 22

Efficiency and stability matter more
By Xin He

Tagged: Xin He, Civil Procedure, Marriage, Divorce, Gender Equality

Alexis Sanborn
May 6, 2021
Volume 1, Number 21

Wounded But Not Dead

Alexis Sanborn
May 6, 2021
Volume 1, Number 21

Partial academic freedom survives in Hong Kong – and we should support it.
By Carole J. Petersen

Tagged: Hong Kong, Carole J. Peterson, Academic Freedom, National Security Law

Alexis Sanborn
April 20, 2021
Volume 1, Number 20

What Does Beijing Achieve from Regulating Its Big Tech?

Alexis Sanborn
April 20, 2021
Volume 1, Number 20

Understanding antitrust as a flexible industrial policy tool
By Angela Zhang

Tagged: Angela Zhang, Anti-trust, Regulation

Alexis Sanborn
April 8, 2021
Volume 1, Number 19

Ethical Dilemmas of the China Scholar

Alexis Sanborn
April 8, 2021
Volume 1, Number 19

A conversation about staying engaged, managing risk, and speaking the truth.

Tagged: US-China Relations, Academia, Censorship, Risk Management, Gelatt Dialogue, Andrew J. Nathan, Benjamin Liebman, Eva Pils, Teng Biao, Rory Truex, Jerome Cohen, Katherine Wilhelm

Alexis Sanborn
April 1, 2021
Volume 1, Number 18

Understanding China’s Growing Influence in Global Data Governance

Alexis Sanborn
April 1, 2021
Volume 1, Number 18

Looking beyond US-China relations
By Matthew S. Erie & Thomas Streinz

Tagged: Matthew Erie, Thomas Streinz, US-China Relations, Data Governance, Digital Silk Road

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