UCLA Pacific Basin law journal最新文献_第2页

Surrogacy and Japan: A Case for Regulation 代孕与日本:监管案例

UCLA Pacific Basin law journal Pub Date : 2021-06-11 DOI: 10.5070/P838153632

Sachi Spaulding

{"title":"Surrogacy and Japan: A Case for Regulation","authors":"Sachi Spaulding","doi":"10.5070/P838153632","DOIUrl":"https://doi.org/10.5070/P838153632","url":null,"abstract":"Within the last few decades, assistive reproductive technology (ART) has had high levels of usage, particularly artificial insemination (AI) and in vitro fertilization (IVF). The advent of IVF opened a host of additional possibilities, including the recruitment of women who have no genetic link to the child to serve as surrogates. Over the past several decades, the average age of a woman who has her first child in Japan has climbed to 30.7.[1] Couples have increasingly found themselves unable to bear children and have turned to IVF. Yet Japan has no statutory provisions regulating surrogacy, and the Japanese Society of Obstetrics and Gynecology flatly bans the practice. As a result, many infertile couples have gone abroad to arrange surrogacy. But in 2007 the Supreme Court ruled that the legal mother in a surrogacy birth is the surrogate, even if a foreign court had ruled otherwise. This case is translated in full in this Article, along with an exploration of the state of ART and surrogacy in Japan and potential routes for regulation. This analysis is done mainly through the lens of comparison with the United States and the recent Child-Parent Securities Act (CPSA) in New York. [1]. Number of Newborns in Japan Fell to Record Low While Population Dropped Faster Than Ever in 2018, The Japan Times (Jun. 7, 2019), https://www.japantimes.co.jp/news/2019/06/07/national/number-newborns-japan-fell-low-918397-2018-government-survey [https://perma.cc/M4WJ-TBJW].","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88994430","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

Peace Powers: Could the President End the Korean War Without Congress? 和平权力:总统能在没有国会的情况下结束朝鲜战争吗?

UCLA Pacific Basin law journal Pub Date : 2021-06-11 DOI: 10.5070/P838153634

Elizabeth Beavers

引用次数: 0

Carceral Strategy and the Social Structure in Maoist China 丧葬策略与毛主义中国的社会结构

UCLA Pacific Basin law journal Pub Date : 2021-06-11 DOI: 10.5070/P838153631

Mao Lin

{"title":"Carceral Strategy and the Social Structure in Maoist China","authors":"Mao Lin","doi":"10.5070/P838153631","DOIUrl":"https://doi.org/10.5070/P838153631","url":null,"abstract":"This Article explores the connection between the carceral strategy utilized by the Chinese government and the social structure in the Mao era. From Mao’s view, thought reform and profit-seeking were the two primary goals of the Chinese socialist prison. Yet, by placing the system of labor camps and post-release management into a broader context, this Article demonstrates that the system was designed to make inmates depend on the socialist settings through the measures of party-state apparatus, prisoner cards and dossiers, classification of prisoners, hard labor, and thought remolding. Those measures had their counterparts in the general social structure in communist China, like work unit, household registration and political dossier. In addition, the unique feature of punishment-profit nexus made the system of labor camps and post-release management crucial for the purposes of economic development and political control in Mao’s time. In conclusion, the system of labor camps and post-release management was an integral part of the greater social control mechanism in Chinese society during Mao’s time. It was designed and operated in a way to reform an ill population into qualified workers so as to fit socialist requirements and maintain social stability.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49285229","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: 1

GET-Rich or Keep Trying: Reimagining Tax Reform in the Federated States of Micronesia 致富还是继续努力：重新构想密克罗尼西亚联邦的税收改革

UCLA Pacific Basin law journal Pub Date : 2021-06-11 DOI: 10.5070/P838153633

Jonathan W. White, Joshua J. Michaels

引用次数: 0

Black Magic, Sex Rituals, and the Law: A Case Study of Sexual Assault by Religious Fraud in Thailand 黑魔法、性仪式与法律:泰国宗教诈骗性侵犯个案研究

UCLA Pacific Basin law journal Pub Date : 2020-05-01 DOI: 10.5070/P8371048803

Jianlin Chen, Phapit Triratpan

{"title":"Black Magic, Sex Rituals, and the Law: A Case Study of Sexual Assault by Religious Fraud in Thailand","authors":"Jianlin Chen, Phapit Triratpan","doi":"10.5070/P8371048803","DOIUrl":"https://doi.org/10.5070/P8371048803","url":null,"abstract":"Author(s): Chen, Jianlin; Triratpan, Phapit | Abstract: This Article critically examines the criminalization of religious fraudulent sex as sexual assault (i.e., rape and indecent acts) in Thailand and makes descriptive and normative contributions to the fields of comparative criminal law and constitutional law. With respect to criminal law, we find that Thai courts utilize a creative doctrinal maneuver (i.e., a victim’s naivety is a form of ‘inability to resist’) to convict alleged fraudsters with statutory provisions that do not readily criminalize fraudulent sex. We argue that while the doctrinal maneuver does desirably extend the otherwise limited scope of Thai sexual offense provisions, the emphasis on the cognitive deficiencies of the defrauded victim reflects a paternalistic victim-blaming that is problematic. With respect to constitutional law, we find that Thai courts are both comfortable in directly adjudicating religious claims, and intrinsically skeptical of any supernatural or religious claims involving sex as part of a ritual. We argue that while the assessment method of the Thai courts does not accord with principles of religious liberty espoused in the United States and Europe, it is an inevitable outcome of the prevailing constitutional ordering and societal understanding of religious freedom in Thailand.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42557481","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: 1

Difficulties With Drug Conspiracies in Singapore: Can You Conspire to Traffic Drugs to Yourself? 新加坡毒品阴谋的困难:你能密谋贩毒给自己吗?

UCLA Pacific Basin law journal Pub Date : 2020-01-01 DOI: 10.5070/P8371048805

Kenny Yang

{"title":"Difficulties With Drug Conspiracies in Singapore: Can You Conspire to Traffic Drugs to Yourself?","authors":"Kenny Yang","doi":"10.5070/P8371048805","DOIUrl":"https://doi.org/10.5070/P8371048805","url":null,"abstract":"Author(s): Yang, Kenny | Abstract: If Person A delivers drugs to Person B at the latter’s request, Person A is liable for drug trafficking—a serious offense in many jurisdictions. However, the liability of Person B for drug trafficking is unclear as much may depend on Person B’s intention with the drugs. The Singaporean Courts recently had to grapple with this issue in Liew Zheng Yang v. Public Prosecutor and Ali bin Mohamad Bahashwan v. Public Prosecutor and other appeals. Prior to these two cases, the position in Singapore was clear—Person B should be liable for drug trafficking as an accessory to Person A, in line with Singapore’s strong stance against drug offenses. However, since these cases, the Singaporean Courts have taken a contrary position and held that Person B may not be liable if the drugs were for his/her own consumption.This Article examines the law with respect to this drug conspiracy offense in Singapore, looking at its history, the primary legislation and similar cases. It also scrutinizes the judicial reasoning in the two cases above and considers whether this can be reconciled with the Courts’ prior position on the issue. In this analysis, the Article also investigates the position taken in other comparable common law jurisdictions—including the UK, Australia, Canada and the United States—and concludes that the Singaporean Courts’ reasoning in the aforementioned two cases may not be tenable and warrant a reexamination.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"1 1","pages":"127-177"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89832782","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

Corporate Social Responsibility, Casino Capitalism, and the Constitution of Macau 企业社会责任、赌场资本主义与澳门宪法

UCLA Pacific Basin law journal Pub Date : 2020-01-01 DOI: 10.5070/P8371048802

Jason G. Buhi

{"title":"Corporate Social Responsibility, Casino Capitalism, and the Constitution of Macau","authors":"Jason G. Buhi","doi":"10.5070/P8371048802","DOIUrl":"https://doi.org/10.5070/P8371048802","url":null,"abstract":"Author(s): Buhi, Jason | Abstract: Macau’s competitive foreign investment environment places it at the crossroads of global conceptions and articulations of corporate social responsibility (CSR). With tremendous financial resources at its disposal, including revenues six times those of Las Vegas, the Macau Government has a rare opportunity to position itself as a global leader in CSR practice. Nonetheless, systemic challenges such as low levels of public education and political development, the influence of mafia gangs, and high levels of human trafficking, problem gambling, and drug use persist. Although Macau’s situs as a Special Administrative Region of the People’s Republic of China ensures that CSR here will take its own form, these issues could be better addressed with open acknowledgement of the problems and improved channeling of local resources. Utilizing Matten and Moon’s methodology, this Article provides an overview of Macau’s CSR repertoires at this important point in local history: on the eve of the expiration of the first concessions granted to foreign operators as well as twenty years into Macau’s practice of semi-autonomous government under Chinese administration. This snapshot records how local CSR norms have developed historically, observes a cultural divide in the local conceptualization of CSR objectives between local and foreign operators, and makes a case for the normative basis for enhancement contained within the Macau Basic Law that should underlie directions for the future.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70774373","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: 2

Change of Regulatory Scheme: China’s New Foreign Investment Law and Reshaped Legal Landscape 监管体制的变革:中国新外商投资法与重塑的法律格局

UCLA Pacific Basin law journal Pub Date : 2020-01-01 DOI: 10.5070/P8371048806

Mo Zhang

{"title":"Change of Regulatory Scheme: China’s New Foreign Investment Law and Reshaped Legal Landscape","authors":"Mo Zhang","doi":"10.5070/P8371048806","DOIUrl":"https://doi.org/10.5070/P8371048806","url":null,"abstract":"Author(s): Zhang, Mo | Abstract: Protection of foreign investment has long been an issue facing China. The newly adopted Foreign Investment Law (FIL) and Implementation Regulations not only unify the foreign investment regulations but also reformulate the regulatory regime that governs foreign investment in the country. In response to the mounting criticism of the practices in China that damage the interests of foreign investors, including, among others, forced technology transfer and commercial theft, the FIL is purposed to build a better environment so that foreign investment will be more effectively protected.The FIL changes the main themes of China’s regulation of foreign investment and puts new market access rules and measures in place on the foreign investment horizon. The FIL Implementation Regulations intend to fill the gaps left in the FIL. Still, many questions remain unanswered. Both the broadness and vagueness of the FIL require further clarification and specific measures in different aspects. The Supreme People’s Court is expected to issue judicial interpretations on various practical matters.The FIL is charged with the mission to even the playing field by providing fair treatment to foreign investors in the country, but the challenges encountering foreign businesses seeking establishment in China remain. The clear rules of implementation aside, an effective enforcement mechanism is essential to the achievement of the intended goals of the FIL.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90988119","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: 2

Between Choice and Tradition: Rethinking Remedial Grace Periods and Unconstitutionality Management in a Comparative Light 在选择与传统之间：对补救宽限期与违宪管理的比较反思

UCLA Pacific Basin law journal Pub Date : 2019-02-11 DOI: 10.5070/p8362043777

Ming‐Sung Kuo

{"title":"Between Choice and Tradition: Rethinking Remedial Grace Periods and Unconstitutionality Management in a Comparative Light","authors":"Ming‐Sung Kuo","doi":"10.5070/p8362043777","DOIUrl":"https://doi.org/10.5070/p8362043777","url":null,"abstract":"Recent experiences of constitutional review in the Common Law world have received increasing attention in comparative constitutional law scholarship. Looking beyond the Common Law jurisdictions, this Article investigates into the influence of variations on unconstitutionality management and changing constitutional politics on the functional mutation of remedial grace periods. Through a case study of Taiwan in a comparative light, it argues that legal tradition and the court’s role vis-a-vis the political branch in the dynamics of constitutional politics jointly contribute to the multifunctional role of remedial grace periods in unconstitutionality management. As part of unconstitutionality management across constitutional jurisdictions, the granting of remedial grace periods is not simply the manifestation of judicial strategy. The argument unfolds in three main Parts. Part II first compares the use of remedial grace periods in constitutional review under the Civilian-Continental and the Common Law models. After drawing out the different paths toward unconstitutionality management in comparative constitutional review, Part III conducts a functional analysis of remedial grace periods in the case law of the Taiwan Constitutional Court (TCC). It is observed that the three forms of remedial grace periods—bridging, nudging, and hedging—as indicated in the TCC case law are informed by the conceptual framework of graduated unconstitutionality borrowed from the Civilian-Continental model. Part IV further analyzes how remedial grace periods have been instrumental to the TCC’s realization of its institutional potential. In conclusion, the TCC’s continuing and frequent prescription for remedial grace periods indicates its default position in constitutional remedies, which is both informed by the Civilian-Continental model and shaped by its formative experience at the dawn of democratization.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44763656","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: 9

Social Organization of Rights: From Rhetoric to Reality 权利的社会组织:从修辞到现实

UCLA Pacific Basin law journal Pub Date : 2019-01-01 DOI: 10.5070/p8361042634

Fu Hualing

{"title":"Social Organization of Rights: From Rhetoric to Reality","authors":"Fu Hualing","doi":"10.5070/p8361042634","DOIUrl":"https://doi.org/10.5070/p8361042634","url":null,"abstract":"Public interest litigation (PIL) is a form of socio-legal activism. PIL originated in the United States, and spread, through the aggressive promotion of U.S.-centric rule of law, to China, where it has had a significant impact on socio-legal activism since the 1990s. This Article explores both the process through which human rights discourse is translated into practice by activist lawyers and human rights defenders, as well as the circumstances that cause socio-legal mobilization to fail or succeed. This Article examines the collective and sustained endeavour by human rights lawyers and other activists to advocate for the rights of specific communities through a rights complex, composed of activist lawyers, NGO leaders, and citizen journalists, as well as supporters within state institutions, Chinese society, and the international community. This Article looks at the institutionalized manner through which legal cases facilitate socio-legal mobilization to serve the broader objectives of educating citizens, enhancing the capacity of civil society, and making the government more accountable and responsive. The principal argument is that once citizens are endowed with legal rights and institutions are put in place for their implementation, the remaining issue is raising rights-awareness among rights-bearing citizens and generate demand for rights in society and channel those rights to institutions. Lawyers and other rights defenders play an indispensable bridging function in translating rhetoric to practice.","PeriodicalId":83387,"journal":{"name":"UCLA Pacific Basin law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70773786","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