Columbia Journal of Asian Law最新文献

{"title":"Reasons for and Basic Principles in Formulating the Hong Kong Special Administrative Region Basic Law, and its Essential Contents and Mode of Expression","authors":"Zhang Youyu","doi":"10.7916/CJAL.V2I1.3060","DOIUrl":"https://doi.org/10.7916/CJAL.V2I1.3060","url":null,"abstract":"Hong Kong has always been Chinese territory. However, since late in the Qing Dynasty, it has been ruled by Great Britain. Recently, after peaceful negotiations, the Chinese and British govern- ments signed the Joint Declaration on the Hong Kong Question (Joint Declaration). This agreement stipulates that on July 1, 1997, Great Britain will restore Hong Kong to China, and China will simul- taneously resume the exercise of its full sovereignty over the region. \u0000After control of Hong Kong is returned to China, Hong Kong will become an internal administrative region. It goes without saying that all else being equal, Hong Kong would be treated in the same way as all other parts of China. That is, generally applicable national laws would apply to Hong Kong. Thus, what need is there for a Hong Kong Special Administrative Region (SAR) Basic Law? The Basic Law is needed because Hong Kong’s historical background and socio-economic circumstances differ from those of other parts of China. Thus, we must enact exceptional laws appropriate for this exceptional area.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125669961","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}

{"title":"The International Law of Recognition and the Status of the Republic of China","authors":"Hungdah Chiu","doi":"10.4324/9781351316521-2","DOIUrl":"https://doi.org/10.4324/9781351316521-2","url":null,"abstract":"","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125599573","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}

{"title":"Venture Capital in China: Developing a Regulatory Framework","authors":"Christopher M. Vaughn","doi":"10.7916/CJAL.V16I1.3217","DOIUrl":"https://doi.org/10.7916/CJAL.V16I1.3217","url":null,"abstract":"Venture capital first appeared in China in 1985, when the Chinese government released The Decision to Reform the Chinese Science and Technical System, its first official document addressing the topic. In Beijing that same year, the government sponsored China Venturetech Investment Corporation, China’s first ever venture capital firm, which specialized in high-tech venture investments and led the government’s formation of similar investment entities in other provinces around China. Yet the government, young to market economics and mired in ideological skepticism following Tiananmen Square, all but halted the nurturing of high-risk, high-return venture capital investments in 1989. China’s venture capital environment withered as a result. Nevertheless, the unpredictable game of private equity in China was underway. The 1990’s witnessed a volatile resurrection of the industry, and by the start of the 21 st century, venture capital in China had reached a new level of prominence. There are several explanations for venture capital’s newfound attractiveness. First, to the venture capitalist, China’s accession into the WTO means long-awaited liberalization in the investment field. China also has the world’s fastest growing and most closely watched Internet market and offers unprecedented governmental support in the high-tech field.” In light of Asia’s 1997 financial crisis, venture capital provides China with longer-term, non-speculative investment that supports innovation and skill transfer, elements not found in the portfolio-type investments of the 1997 financial debacle. At the same time, venture capital holds relief for China’s tightening credit market. Moreover, job growth associated with venture capital helps China stem its rising unemployment problems from sweeping state-owned enterprise reform. The venture capital formula suits not only the high-risks of investing in former state-owned entities and other entities deficient in market operating experiences, but also the government’s recent push to develop western China.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127930081","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}

{"title":"Rocking the Boat: The Paracels, the Spratlys, and the South China Sea Arbitration","authors":"Kirsten Sellars","doi":"10.2139/SSRN.2930820","DOIUrl":"https://doi.org/10.2139/SSRN.2930820","url":null,"abstract":"On July 12, 2016, an Arbitral Tribunal constituted under Annex VII to the 1982 UN Convention on the Law of the Sea found overwhelmingly in favor of the Philippines in its dispute with the People's Republic of China over maritime claims and other issues in the South China Sea. This piece appraises the decision in light of the events leading up to the current controversy. \u0000To investigate the source of the conflict, one does not have to go back very far. In 1974, during the final stages of the Vietnam War, China ejected South Vietnam from the Paracel Islands-a group of tiny maritime features in the South China Sea claimed by both nations. After a classic \"weekend war, \"China tried to dampen down the affair by swiftly releasing the prisoners and refusing to be drawn into an international debate. \u0000Within days, though, there was more activity, when South Vietnam dispatched forces to occupy five features in the Spratly Islands, a larger group further to the south of the South China Sea. During this period, South Vietnam, the Philippines, and Taiwan all engaged in the fortification of their respective features reinforcing garrisons, installing military hardware, building runways, and shooting at interlopers. The militarization of the Spratlys had begun, and well before China, the focus of the current arbitration, established a physical presence on the reefs in the vicinity. \u0000By drawing on these earlier events, examined through the lens of United States'diplomatic correspondence of the time, it is possible to both construct a legal path to the arbitration based on the parties' claims to the Spratlys, and critically appraise the Tribunal's reasoning on its jurisdiction over the Philippines' claims against China.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115315259","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}

{"title":"Protection of Personality Rights Under Korean Civil Law","authors":"Jae Hyung Kim, I. Y. J. Cho","doi":"10.52214/cjal.v30i2.9245","DOIUrl":"https://doi.org/10.52214/cjal.v30i2.9245","url":null,"abstract":"This is an English translation of Justice JH Kim's piece titled In-gyeog-gwon Ilban – Eonron-e Uihan In-gyeok-gwon Chimhaereul Jungsim-euro [Personality Rights in General – Focusing on Infringement of Personality Rights by the Press], which was originally published in Minsapanraeyeongu (XXI) [STUDIES OF CIVIL CASES(XXI)] 645 (1999). This abridged translation incorporates subsequent jurisprudence and academic literature released since the original publication. It has been translated with the author’s permission to reprint.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123261374","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}

{"title":"Trade and Progress: The Case of China","authors":"P. Farah","doi":"10.52214/cjal.v30i1.9208","DOIUrl":"https://doi.org/10.52214/cjal.v30i1.9208","url":null,"abstract":"China's accession to the WTO is widely understood as an important step towards greater global market liberalization and integration. However, this step has been also perceived in an ambivalent way. On one hand, the global market liberalization would have never been really completed without participation of such a major player as China. On the other hand, many observers articulated concerns about China's ability to integrate into the WTO system. In order to tackle the issues of concern, attention was paid mainly to technical issues, which were seen as a precondition for China's successful integration into the WTO system. For this reason, topics related with market integration, such as e.g. liberalization requirements, as well as topics related with transparency and legal and administrative policies, necessary for securing of just and equitable resolution of commercial and trade disputes, were initially addressed. \u0000Still, in the light of the changing and evolving geopolitical climate, it has become more evident that Non-Trade Concerns (NTCs) might be another multifaceted topic requiring special attention. EU and US, becoming increasingly aware of the fact that competition of economies with different level of development might result not only in job losses in developed countries due to relocation of production, but also to general deterioration of environmental, social and health standards, have accentuated the importance of a global consensus on NTCs and their inclusion into EU and US external policies concerning foreign trade andinvestment. Civil society from the developed world, in general, is afraid that further liberalization may endanger public policies at different levels: environmental protection and sustainable development, good governance, cultural rights, labor rights, public health, social welfare, national security, food security, access to knowledge, consumer protection, and animal welfare.On the other hand, coalition consisting of China and other BRICS countries as well as other developing countries gaining more influence in the WTO and other international fora has been able to articulate discontent with measures adopted by developed countries to address NTCs. The clash between interests of developed and developing countries reveals potential unfairness and inconsistencies of the international system, including the international trade system, which needs to undergo a deep reform to integrate the developing countries' needs. \u0000Many of the measures that developed countries introduce to address NTCs were received by developing countries with suspicion, resistance, and even hostility. Developing countries, including China, doubt the authenticity of such considerations and think they might actually hide protectionist purposes. Additionally, developing countries see these measures as an indirect form of western imperialism whereby they will have no choice but to comply with the social, ethical, and cultural values of the developed states. No","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115665753","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}

{"title":"Minority Public Shareholders in China's Concentrated Capital Markets – A New Paradigm?","authors":"T. Ozery","doi":"10.52214/cjal.v30i1.9207","DOIUrl":"https://doi.org/10.52214/cjal.v30i1.9207","url":null,"abstract":"This article provides a detailed analysis of the role of public shareholders in firm monitoring and corporate governance in one of the world's most concentrated ownership environments-China's controlled capital markets. It moves beyond the existing literature to explore in a comparative fashion innovative and sometimes idiosyncratic ways by which public shareholders can be involved in firm monitoring and corporate governance. In so doing, this article sheds new light on the global shift in the role of public shareholders towards greater empowerment and governance participation. Contributing to comparative corporate governance literature, this article offers a new analysis of current and prospective developments in the Chinese market, which is of particular importance globally as this market becomes increasingly central to the world economy.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116745462","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}

{"title":"Law in the Shadow of Violence: Can Law Help to Improve Doctor-Patient Trust in China?","authors":"B. Liebman","doi":"10.52214/cjal.v30i1.9209","DOIUrl":"https://doi.org/10.52214/cjal.v30i1.9209","url":null,"abstract":"Law in the Shadow of Violence: Can Law Help to Improve Doctor-Patient Trust in China?","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124313391","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}

{"title":"What Firms Want: Investigating Globalization's Influence on the Market for Lawyers in Korea","authors":"Carole Silver, Jae-Hyup Lee, J. Park","doi":"10.2139/SSRN.2618034","DOIUrl":"https://doi.org/10.2139/SSRN.2618034","url":null,"abstract":"This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean (“Korea”) experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working as foreign legal consultants. Arguments for liberalization suggest that competition from foreign actors will introduce benefits to the local market that are particularly important to global actors. In the legal services context, this suggests that global clients may prefer particular expertise and experiences that would be recognized and promoted by the law firms serving them. In our research, we explore this possibility by analyzing the hiring preferences of law firms serving global clients as reflected in the credentials of their lawyers. We draw on a unique dataset comprised of information published by law firms in the form of professional profiles of their lawyers. The firms we analyze are competitors in the global market and include five elite Korean law firms and U.S.-based law firms with Korean-practices situated in their Hong Kong offices — a short airplane trip from Seoul. Our analysis provides insight into the credentials and expertise preferred by each group of firms. From this, we assess the ways in which the two groups of law firms value foreign legal education and law school reputation, as well as the interplay of globalization and gender.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126270447","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}

{"title":"International Criminal Law with Asian Characteristics","authors":"S. Chesterman","doi":"10.2139/SSRN.2341492","DOIUrl":"https://doi.org/10.2139/SSRN.2341492","url":null,"abstract":"The history of international criminal law has been, for the most part, a European tale. Though it was American insistence that prevented the summary execution of hundreds or thousands of German officers after the Second World War — an approach favoured by Churchill and seriously contemplated by Stalin — the United States subsequently backed away from serious engagement in international criminal law. Auschwitz and Nuremberg are the touchstones, with modern counterparts in Bosnia and The Hague. In the official record, the non-European experiences of international criminal law have tended to be in the form of poorer and more troubled siblings. Lack of resources has bedevilled African tribunals in Rwanda and their hybrid counterparts in Sierra Leone and elsewhere. In Asia, political tensions have been far more of a feature — whether one is considering the International Military Tribunal for the Far East or the Extraordinary Chambers in the Courts of Cambodia. Such an account highlights the difficulties facing international tribunals, which are often burdened with unrealistic expectations of punishing the guilty, resolving societal conflicts, deterring future misconduct, and providing an authoritative history of a traumatic period. Yet that account also overlooks some of the important legal developments that have taken place outside Europe. There is, I would submit, much to learn from closer study of the Asian experiences of international criminal law in particular. Not all of it is positive. But as my former colleague Thomas M. Franck used to say: no one is completely useless; one can always be a bad example. International criminal law “with Asian characteristics” is not quite that bad, though it offers a provocative and under-utilised lens through which to view the possibilities and limitations of this relatively new set of laws and institutions. To that end, I first survey briefly the European history of international criminal law before considering how the notion of prosecution for international crimes developed in Asia in the international tribunals established after the war, the more recent experiments with hybrid institutions, and a few cases of domestic prosecutions.","PeriodicalId":239270,"journal":{"name":"Columbia Journal of Asian Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128900627","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}