Columbia Journal of Asian Law最新文献

Regulating Cyberspace in Vietnam: Entry, Struggle, and Gain 越南网络空间管制:进入、斗争与收获

Columbia Journal of Asian Law Pub Date : 2022-08-17 DOI: 10.52214/cjal.v35i2.10028

H. N. Nguyen

{"title":"Regulating Cyberspace in Vietnam: Entry, Struggle, and Gain","authors":"H. N. Nguyen","doi":"10.52214/cjal.v35i2.10028","DOIUrl":"https://doi.org/10.52214/cjal.v35i2.10028","url":null,"abstract":"This study explores the evolution of cyber regulation in Vietnam since its inception, that is from the events of January 1997, when cyberspace first arrived in Vietnam, to the momentous protests instigated by the Cybersecurity Draft Law in June 2018. A Vietnamese cyber regulatory regime is imagined as an analytically constructed regulatory space where different actors enter, struggle, and gain in their pursuit of regulatory interests. The study argues that cyberspace in contemporary Vietnam has aided non-state actors to participate in the law-making and regulatory processes by inducing state actors to respond with cyber laws, regulatory approaches, and measures. Moving beyond the dichotomy of cyberspace as an inevitable tool for liberation or oppression, Vietnamese cyberspace has been both an instrument for non-state actors to participate in lawmaking, and a regulatory measure for state actors to regain control. A sociological landscape in contemporary Vietnam is depicted through the evolution of a Vietnamese cyber regulatory regime, shaped by dynamic interactions between domestic actors. In sharp contrast to the previous image of an authoritarian Vietnam, cyberspace has aided contemporary Vietnam to metamorphose into a more pluralistic society where organically formed social actors co-regulate cyberspace.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130304216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

What Lessons can the Luckin Coffee Scandal Offer to Australia–China Cross-Border Listed Companies’ Supervision? Problems and Reform Suggestions in China 瑞幸咖啡丑闻对澳中跨境上市公司监管有何启示?中国存在的问题与改革建议

Columbia Journal of Asian Law Pub Date : 2022-08-17 DOI: 10.52214/cjal.v35i2.8932

Qi Guo

引用次数: 0

Antitrust Remedies: A Comparison Between the Cases against Alibaba and Facebook 反垄断救济:针对阿里巴巴和Facebook的案例比较

Columbia Journal of Asian Law Pub Date : 2022-08-17 DOI: 10.52214/cjal.v35i2.10030

Yueting Chen

引用次数: 1

Interpreting “Settled Abroad” in China’s Nationality Law: Theory, Practice, and Problems 中国国籍法中“定居海外”的理论、实践与问题解读

Columbia Journal of Asian Law Pub Date : 2022-08-17 DOI: 10.52214/cjal.v35i2.10031

Jisen Zhang

{"title":"Interpreting “Settled Abroad” in China’s Nationality Law: Theory, Practice, and Problems","authors":"Jisen Zhang","doi":"10.52214/cjal.v35i2.10031","DOIUrl":"https://doi.org/10.52214/cjal.v35i2.10031","url":null,"abstract":"The globalization of China and active international migration across Chinese borders involving millions of people have made understanding Chinese nationality law an issue of tremendous importance. In recent years, disputes concerning nationality have arisen out of undefined terms in the Nationality Law. At the center is the term “settled abroad,” which impacts the nationality of those who acquire foreign nationality and children born to overseas Chinese citizens. The limited literature and legislative interpretations do not clearly define the term. A thorough analysis shows that “settled abroad” means permanent or long-term residency and generally does not scrutinize the length of the actual residence period except for a complete absence of actual residence or undocumented migration. This Note further examines all publicly available cases disputing nationality in the past seven years to understand the judicial practice. It turns out Chinese courts also refrain from inquiring about the actual residence period in non-criminal cases. In recent years, the sensitive nature of the issue and the discoordination among authorities have prevented amendment or interpretation of the nationality law.\u0000This Note makes two key contributions to the literature. First, it provides a much-needed interpretation of the key provisions in Nationality Law that have profound implications for millions of people. In contrast to prior literature, which often lacks sufficient comparison and analysis, this Note addresses all prior discussions in a comprehensive way. Second, it is the first work that applies empirical methods to examine how Chinese courts apply the Nationality Law. Finally, this Note also offers several explanations for the stagnant amendment of the Nationality Law from a policy angle.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121644148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Water Federalism, Tribunalization of Water Justice and Hydro-Politics: India’s Inter-State River Water Disputes Act at 65 Years 水联邦制，水正义的法庭化和水政治:65年来印度邦间河流水争端法案

Columbia Journal of Asian Law Pub Date : 2022-02-07 DOI: 10.52214/cjal.v35i1.9192

T. Puthucherril

{"title":"Water Federalism, Tribunalization of Water Justice and Hydro-Politics: India’s Inter-State River Water Disputes Act at 65 Years","authors":"T. Puthucherril","doi":"10.52214/cjal.v35i1.9192","DOIUrl":"https://doi.org/10.52214/cjal.v35i1.9192","url":null,"abstract":"India’s water federalism is at a crossroads. It is a unique two-tier system that has the constitutional and enabling provisions for water management and inter-state water dispute resolution as its base. These support the tribunal system that adjudicates inter-state river water disputes and administers water justice. More than six decades have elapsed since its establishment. At the same time, during this period, the per capita water availability has fallen drastically. India is now one of the world’s most water-stressed countries. Water disputes between States are becoming more animated and highly volatile. This article examines water federalism in India in terms of two questions: 1) Should water be transferred from the State List to the Concurrent List? 2) Should India persist with the tribunal system or replace it with the judicial process at the Supreme Court level? The first assumes importance as India persists with the river linking project. The second is relevant because the Inter-State River Water Disputes Act is almost 65 years old. In 2016, India’s Supreme Court re-wrote the law, and, more recently, the Union Government sought to revamp the Inter-State River Water Disputes Act through amendments. All these impel the need to re-look the idea of water federalism as it operates in India in its entirety.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133897753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protecting the Public and Our Physicians' Interests: A Proposal to Rectify Inconsistencies and Develop Guidelines on Physicians' Disclosure of Patients' Health Data to Third Parties in Thailand 保护公众和我们医生的利益:建议纠正不一致并制定医生向第三方披露患者健康数据的指导方针

Columbia Journal of Asian Law Pub Date : 2021-05-09 DOI: 10.52214/CJAL.V34I2.8262

Khajorndej Direksoonthorn

{"title":"Protecting the Public and Our Physicians' Interests: A Proposal to Rectify Inconsistencies and Develop Guidelines on Physicians' Disclosure of Patients' Health Data to Third Parties in Thailand","authors":"Khajorndej Direksoonthorn","doi":"10.52214/CJAL.V34I2.8262","DOIUrl":"https://doi.org/10.52214/CJAL.V34I2.8262","url":null,"abstract":"This article argues for law reform in Thailand concerning the protection of health data, particularly laws involving the data’s disclosure to third parties. It has been found that several pieces of Thai legislation governing this area are conflicting, causing confusion and disquiet to Thai physicians. Recently, Parliament has enacted the Personal Data Protection Act 2019. The said GDPR-style Act should have clarified all already-existing confusion regarding the inconsistency of legislation, but it has further complicated the matter instead. Doctors cannot disclose patients’ health data to third parties, even to protect others or public interests. Court cases from other jurisdictions show that courts are willing to impose on physicians the duty to disclose patients’ health data to third parties under certain circumstances, which makes the issue more significant to the Thai legal and medical communities. The article provides proposals to rectify the issue by amending relevant statutes and calling for professional guidance on this area which should be addressed by pertinent legislation. The relevant professional guidelines alongside the amended legislation will serve the interests of medical professionals, patients, and society at large.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133486714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Auditors negligence and professional misconduct in India: a struggle for a consistent legal standard 印度审计师的疏忽和职业不端行为:为一致的法律标准而斗争

Columbia Journal of Asian Law Pub Date : 2021-05-09 DOI: 10.52214/CJAL.V34I2.8261

M. Mohan, Vishakha Raj

{"title":"Auditors negligence and professional misconduct in India: a struggle for a consistent legal standard","authors":"M. Mohan, Vishakha Raj","doi":"10.52214/CJAL.V34I2.8261","DOIUrl":"https://doi.org/10.52214/CJAL.V34I2.8261","url":null,"abstract":"Gross negligence is a severe form of negligence. Its severity has been characterized using the presence of a mental element or mens rea accompanying the negligent act. Within the context of professional negligence, gross negligence is important as it constitutes professional misconduct. For auditors, a finding of professional misconduct through disciplinary proceedings can result in suspension or expulsion from the profession. In India, gross negligence is regularly used in disciplinary proceedings against auditors and also by the Securities and Exchange Board to determine whether an auditor has violated any securities regulations. Given the implications of a finding of gross negligence on the practice of an auditor, this paper seeks to discuss this Indian legal standard in detail. Using the statutory framework that governs auditors as a backdrop, this paper examines all reported High Court decisions from the 1950s till 2019 along with decisions of the Securities and Exchange Board with regards to an auditor’s duties. We find that the approach used to discern the existence of gross negligence across these decisions has been inconsistent. In the absence of any precedent from the Supreme Court of India that details what comprises gross negligence in the context of auditors, this inconsistent approach poses a problem. This paper offers a starting point for a discussion to minimize the uncertainty currently associated with auditors’ liability for professional misconduct, especially hoping to assist the newly established National Financial Reporting Authority in its decision-making process.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117091511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Effectiveness of The Road Traffic Liability System in China? A Law and Economics Perspective 中国道路交通责任制度的有效性?法律与经济学视角

Columbia Journal of Asian Law Pub Date : 2020-12-31 DOI: 10.7916/CJAL.V34I1.7485

Yu Yan, M. Faure

引用次数: 0

Force Majeure in China 中国境内不可抗力

Columbia Journal of Asian Law Pub Date : 2020-06-01 DOI: 10.7916/CJAL.V33I2.6601

B. Olson

引用次数: 0

Apartment Buyers as Financial Creditors: Pushing the Conceptual Limits of the Indian Insolvency Regime 作为金融债权人的公寓购买者:推动印度破产制度的概念极限

Columbia Journal of Asian Law Pub Date : 2020-06-01 DOI: 10.7916/CJAL.V33I2.6600

M. Mohan, Vishakha Raj

{"title":"Apartment Buyers as Financial Creditors: Pushing the Conceptual Limits of the Indian Insolvency Regime","authors":"M. Mohan, Vishakha Raj","doi":"10.7916/CJAL.V33I2.6600","DOIUrl":"https://doi.org/10.7916/CJAL.V33I2.6600","url":null,"abstract":"A unique feature of the Indian insolvency regime is itsclassification of debt into “operational” and “financial” debt. InSwiss Ribbons v. Union of India, the Supreme Court of Indiatenaciously upheld the difference between operational andfinancial creditors and declared this classification constitutionallyvalid. Last year, the Insolvency and Bankruptcy Code, 2016 (IBC)was amended to include amounts raised from allottees (persons towhom an apartment or plot in a real estate project has beenallotted) within the definition of “financial debt,” thus makingallottees financial creditors. Though the amendment was passed toempower allottees in India’s real estate sector, it revived a moregeneral discussion on the characteristics of operational andfinancial creditors.This paper posits that the amendment was enacted at thecost of stretching the definition of “financial creditor” beyond itsconceptual limit and interfering with the IBC’s insolvencyresolution mechanism. We use the United States’ and the UnitedKingdom’s insolvency regimes as a point of reference forascertaining the role of creditors in insolvency proceedings andwhether operationalizing the insolvency regime to solve problemsin a particular sector is justified.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134489394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0