Pacific Rim Law & Policy Journal

Articles

Vol. 20, No. 1, January

Explaining Constitutional Review in New Democracies: The Case of Taiwan
Abstract: This paper extends the empirical analysis of the determinants of judicial behavior by considering the Taiwanese case. Taiwan is a particularly interesting case because the establishment and development of constitutional review corresponds to...
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China's Compliance with International Law: What Has Been Learned and the Gaps Remaining
Abstract: Chinese willingness and ability to play by the rules in the global arena is a critical issue that has long loomed large on the academic and policy agendas. A substantial body of knowledge has been built in the past two decades, shedding considerable...
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Regular Takings or Regulatory Takings?: Land Expropriation in Rural China
Abstract: This article takes as its starting point the recent spate of unrest in rural China over government takings of rural, agricultural land. Though the popular and scholarly press has paid a great deal of attention to this issue, few analyses have...
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Patent Protection of Medical Methods-Focusing on Ethical Issues-*
From Current Situation and Problems on Intellectual Property Law, Annual of Industrial Property Law, June 2007Translated by Jiameng Kathy Liu[dagger][dagger]Translator's note: The following is a translation of "Patent Protection of Medical Methods-Focusing...
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Death by a Thousand Cuts: Incorporating Cumulative Effects in Australia's Environment Protection and Biodiversity Conservation Act
Abstract: The Environment Protection and Biodiversity Conservation Act 1999 ("EPBCA" or "the Act") is the Australian government's keystone piece of environmental legislation. The EPBCA provides a legal framework to protect and manage nationally and internationally...
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Addressing the Overrepresentation of the Maori in New Zealand's Criminal Justice System at the Sentencing Stage: How Australia Can Provide a Model for Change
Abstract: New Zealand's 2002 Sentencing Act provides several ways a sentencing court may take an offender's cultural or ethnic background into account. Given the disproportionate rate of recidivism among New Zealand's indigenous Maori offenders and international...
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A Lesser-Known Immigration Crisis: Federal Immigration Law in the Commonwealth of the Northern Mariana Islands
Abstract: After voluntarily entering into a political union with the United States, the Commonwealth of the Northern Mariana Islands ("CNMI") administered its own immigration system and allowed thousands of guest workers to enter and remain indefinitely....
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An Alternative to Impact Litigation in China: The Procurator as a Legal Avenue for Cases in the "Private Family Sphere" of Domestic Violence
Abstract: Impact litigation, a popular technique among non-governmental organizations, while yielding numerous benefits, exercises limited influence over traditional family matters in China, like those of domestic violence. A closer examination of the...
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Vol. 19, No. 3, July

Transformation of Land Rights in Indonesia: A Mixed Private and Public Law Model
Abstract: Transformation of land rights from colonial to post-colonial systems in many developing countries was primarily undertaken by two different models: firstly, it was entirely governed by private law to allow voluntary transformation, and secondly,...
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Legal Liability, Intellectual Property and Genetically Modified Crops: Their Impact on World Agriculture
Abstract: The use of genetic engineering and biotechnology in agriculture has attracted worldwide attention over the past decade. This technology has raised highly controversial issues and considerable international debate over the liabilities associated...
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The Emergence of Hollywood Ghosts on Korean Tvs: The Right of Publicity from the Global Market Perspective
Abstract: The Right of Publicity is both a cultural based property and a corresponding right that protects the entertainment industry in the worldwide market. Discussion of the Right of Publicity, as a preliminary matter, must separate the policy-based...
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Public Welfare, Artistic Values, and the State Ideology: The Analysis of the 2008 Japanese Supreme Court Obscenity Decision on Robert Mapplethorpe
Abstract: On February 19, 2008, the Japanese Supreme Court delivered a decision declaring that a collection of photographs by the late American photographer Robert Mapplethorpe did not violate obscenity laws in Japan. The fact that the Japanese Supreme...
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Mori V. Japan: The Nagoya High Court Recognizes the Right to Live in Peace
Translator's note: The following is a translation of the Nagoya High Court's decision in Mori v. Japan,1 a case challenging the constitutionality of Japan's deployment of its Self-Defense Forces ("SDF") to the Middle East in connection with the United...
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The Misapplication of Leung Kwok Hung in Hong Kong: Authorizing the Rationality Requirement for Textually Absolute Rights
Abstract: The Hong Kong Bill of Rights Ordinance (BORO) guarantees many fundamental rights to Hong Kong's permanent residents. In these constitutionally significant statutes, two types of rights exist: 1) textually qualified rights, which contain qualifying...
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The Displaced Residents' Right to Relocation Assistance: Toward an Equitable Urban Redevelopment in South Korea
Abstract: Major urban redevelopment projects are currently on-going to beautify the urban landscape in Seoul, which is the most densely populated metropolitan area of South Korea. In this process, massive acquisition of homes has taken place, displacing...
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Climate Refugees Require Relocation Assistance: Guaranteeing Adequate Land Assets through Treaties Based on the National Adaptation Programmes of Action
Abstract: Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of "climate refugees"...
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Vol. 17, No. 3, June

Japan and the Moneylenders-Activist Courts and Substantive Justice
Abstract: Problems with sub-prime loans roiled financial markets worldwide in 2007 and brought renewed attention to predatory lending practices by loan brokers in the United States. Questionable lending practices, however, plague consumer financial markets...
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Access to Justice for the Poor: The Singapore Judiciary at Work
Abstract: This Article examines the concrete efforts and programs of the Singapore judiciary to maintain and enhance access to justice for the poor. This examination is undertaken via overlapping economic, procedural, and institutional approaches. The...
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Korean Divorce Law on Claims for Property Division: Dividing Retirement Allowance in Divorce
Faye Y. Park[dagger]Abstract. As South Koreans divorce closer to the retirement age, the issue of whether retirement allowance should be divided upon divorce has become more prevalent. The applicable law in the division of the retirement allowance in...
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The End of the Viarsa Saga and the Legality of Australia's Vessel Forfeiture Penalty for Illegal Fishing in Its Exclusive Economic Zone
Abstract: The world's fish stocks are suffering from over-utilization. The earth's oceans are subject to exploitation by all nation states and very little preservation. Because of the nature of the international legal regime of the Law of the Sea, enforcement...
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Protecting Egg Donors and Human Embryos-The Failure of the South Korean Bioethics and Biosafety Act
Abstract: Human embryonic stem cells have the potential to treat many physical and neurological disorders due to their unique ability to transform into any type of human cell. The process of deriving stem cells from human embryos, however, raises important...
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As a Negative Right, Article 25 Can Have a Positive Effect Combating Japan's Poverty
Abstract: Article 25 of the Showa Constitution guarantees everyone in Japan a minimum standard of "wholesome and cultured living." Contrary to the force originally envisioned by the Constitution's framers, the Supreme Court of Japan has interpreted the...
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The Need for Effective Licensure Laws for Mid-Level Health Care Providers in Countries Facing Chronic Physician Shortages: A Case Study of the Marshall Islands' Health Assistants
Abstract: Facing a global physician shortage and high international emigration rates, developing countries are increasingly looking to mid-level health care providers to provide critical primary health care services. Mid-level providers have more training...
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"Pollute First, Control Later" No More: Combating Environmental Degradation in China through an Approach Based in Public Interest Litigation and Public Participation
Abstract: As China continues to face severe environmental degradation as a side effect of torrid economic growth and rise in population, the Chinese government has promulgated numerous environmental laws over the past few decades to address this critical...
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Vol. 17, No. 2, March

Granting Permanent Resident Aliens the Right to Vote in Local Government: The New Komeito Continues to Promote Alien Suffrage in Japan
Abstract: Throughout the world, the dominant suffrage model has been voting rights based on citizenship. However, the trend of globalization, the increase of crossborder migration, and the advent of supranational institutions such as the European Union...
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The Territory Federal Jurisdiction Forgot: The Question of Greater Federal Jurisdiction in American Samoa
Abstract: The United States Territory of American Samoa is over 7000 miles from Washington, D.C., and that distance might explain the United States' limited interest in the territory. The lack of interest has allowed American Samoa to maintain its unique...
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The Representative Power of the Shareholders' General Meeting under Chinese Law
Abstract: Under China's company law regime, the power to represent the company resides not in the board of directors but in an individual person called a legal representative (fading daibiaoren) who is a senior officer of the company. The mechanism of...
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Counterfeit Pharmaceuticals in China: Could Changes Bring Stronger Protection for Intellectual Property Rights and Human Health?
Abstract: Although China seeks to improve its image as a legitimate participant in the global intellectual property ("IP") market, Chinese companies continue to produce more than thirty percent of the counterfeit drugs circulating in the world today....
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Picking Up on What's Going Underground: Australia Should Exempt Carbon Capture and Geo-Sequestration from Part Iiia of the Trade Practices Act
Abstract: Australia has identified carbon capture and geo-sequestration ("CCS") as a partial solution to the problem of global warming. CCS involves capturing carbon dioxide from large point-source emitters, such as power plants, and injecting it deep...
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Making Good on the Promise of International Law: The Convention on the Rights of Persons with Disabilities and Inclusive Education in China and India
Abstract: The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requites state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most...
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Australia's Northern Territory National Emergency Response Act: Addressing Indigenous and Non-Indigenous Inequities at the Expense of International Human Rights?
Abstract: In 2007, Australia passed the Northern Territory National Emergency Response Act ("NT Emergency Response Act"), ostensibly reacting to a recent report detailing exceedingly high levels of sexual abuse of Aboriginal children. This Comment argues...
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Vol. 17, No. 1, January

Money for Nothing, Your Crises for Free?: A Comparative Analysis of Consumer Credit Policies in Post-1997 South Korea and Thailand
Abstract. Both the South Korean and Thai governments encouraged consumer credit card usage to boost consumer spending and reinvigorate the national economy following the 1997-98 Asian financial crisis. Today, almost a decade following the crisis, the...
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Tipping the Scale to Bring a Balanced Approach: Evidence Disclosure in Chinese International Arbitration
Abstract: Due to the ever-increasing trade between China and the rest of the world, commercial disputes have risen dramatically. Many foreign companies choose to resolve these disputes through arbitration to circumvent the Chinese courts and to retain...
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Geographical Indications in China: Why Protect Gis with Both Trademark Law and Aoc-Type Legislation?
Abstract. Geographical indications identify the place of origin of a good and signify a distinctive quality, reputation, or other characteristic of the good that is essentially attributable to that geographic source. Besides serving as source-identifiers...
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Reconciliation in the Wake of Tragedy: Cambodia's Extraordinary Chambers Undermines the Cambodian Constitution
Abstract: Between 1975 and 1979, the Khmer Rouge regime was responsible for approximately 1.7 million deaths caused by deportation, starvation, murder, and torture. In 2001, Cambodia established the Extraordinary Chambers, an internationalized domestic...
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Common Ground in the Sky: Extending the 1967 Outer Space Treaty to Reconcile U.S. and Chinese Security Interests
Abstract. A storm is brewing 100 kilometers above the Pacific Rim. The early 21st century finds the People's Republic of China in the throes of astronomical economic growth, national development, and military expansion. The United States, meanwhile,...
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Toward a Legislative Solution to the Growing Hiv/aids Epidemic in Russia: A Case for Expanded Health Privacy
Abstract. The Russian Federation faces one of the fastest growing rates of Human Immunodeficiency Virus ("HIV") infection in the world. In 1995, Russia adopted comprehensive legislation addressing HIV and the disease caused by this virus, Acquired Immune...
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Vietnam's Decree on Microfinance: A Flawed Attempt to Create an Enabling Legal Environment for Microfinance
Abstract: Despite its increasing as a development tool microfinance still faces significant barriers in reaching the poorest of the poor. Microfinance programs often respond well to short-term needs but are not designed to handle the long-term struggles...
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The Human Rights Costs of China's Arms Sales to Sudan-A Violation of International Law on Two Fronts
Abstract: As an emerging world power, China has a crucial need for oil to meet its growing fuel consumption. It has invested heavily in Sudan, a country with extensive and productive oil reserves. However, this partnership has an ugly side. Sudanese...
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Women's Land Rights in Rural China: Transforming Existing Laws into a Source of Property Rights
Abstract: In the aftermath of legal reforms designed to secure land tenure for farmers, women in rural China lost rights to land at marriage, divorce, and widowhood. Despite a central legal framework that facially protects women's property interests,...
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Litigating Labor Rights across a Demilitarized Zone: The South Korean Constitutional Court as a Forum to Address Labor Violations in North Korea's Kaesong Special Economic Zone
Abstract. South Korea heralds North Korea's Kaesong Special Economic Zone as a shining example of inter-Korean cooperation. South Korean corporations at Kaesong combine South Korean expertise with North Korean labor. However, Kaesong operations violate...
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Vol. 16, No. 3, June

Transitional Justice in Korea: Legally Coping with Past Wrongs after Democratization
Abstract. For more than a decade, Korean society has taken various legal steps to rectify past wrongs perpetrated by the old authoritarian-military regime. In 1995, the "Special Act Concerning the May 18 Democratization Movement" was passed in the National...
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The Nireco Poison Pill: The Impact of a Court Injunction
From New Business Law Journal No. 812 (2005.7.1)Translator's Note: The emergence of a market for corporate control in Japan is a phenomenon that many commentators on Japan's business and legal environs had been anticipating since the turn of the new...
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Bortz V. Suzuki, Judgment of October 12, 1999, Hamamatsu Branch, Shizuoka District Court
Translator's note: The Bortz case links a series of truly comparative moments. In the first, the unsuspecting foreigner crosses into another culture's blind spot, and emerges a very different person. Ana Bortz was shopping for a necklace in a Japanese...
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In the Wake of Sakhalin Ii: How Non-Governmental Administration of Natural Resources Could Strengthen Russia's Energy Sector
Abstract: Russia's economically vital oil and gas industry is at a crossroads. Although foreign investment favored European nations in the wake of the Soviet collapse, in recent years American and European oil and gas companies have invested billions...
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Intellectual Property Rights and the Public Sector: Why Compulsory Licensing of Protected Technologies Critical for Food Security Might Just Work in China
Abstract: The majority of people in the developed world have the luxury of never having to address food shortages and malnutrition. In developing countries, however, ensuring food security presents greater challenges. Agricultural biotechnology has the...
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A Condom versus the Philippine Aids Prevention and Control Act of 1998: Which Has Holes Leaving Filipinos Unprotected?
Abstract: In 1998, the Philippine legislature passed pioneering HIV/AIDS legislation in Southeast Asia called the AIDS Prevention and Control Act ("APCA" or "Act"). This comprehensive legislation sought, in part, to ensure access to health care information...
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Extending the Reach of the Chinese Labor Law: How Does the Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution?
Abstract: Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more...
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No Refills: The Intellectual Property High Court Decision in Canon V. Recycle Assist Will Negatively Impact the Printer Ink Cartridge Recycling Industry in Japan
Abstract: In its decision in Canon v. Recycle Assist, the Japanese Intellectual Property High Court held that Recycle Assist had infringed on Canon's patent for a printer ink cartridge by importing used Canon cartridges that had been cleaned and refilled...
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The Applicability of the Consumer Protection Law in Medical Malpractice Disputes in Taiwan
Abstract: The issue of whether or not no-fault liability under the Consumer Protection Law ("CPL") applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted...
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Vol. 16, No. 2, March

Comparing Foreign Investment in China, Post-WTO Accession, with Foreign Investment in the United States, Post-9/11
Abstract: Ever since China instituted its "open-door policy" (gai ge kai fang) in 1978, the historically autarkic and largely mysterious country has morphed through external interactions with foreign countries and corporations into a hotbed for foreign...
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When Are There More Laws? When Do They Matter? Using Game Theory to Compare Laws, Power Distribution, and Legal Environments in the United States and China
Abstract: In several recent cases, the Supreme People's Court of China ruled that local police owe a positive duty to protect individual members of the general public. In strong contrast, the United States Supreme Court declared in two police nonfcasance...
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The Korea Fair Trade Commission's Decision on Microsoft's Tying Practice: The Second-Best Remedy for Harmed Competitors
Abstract: In the spring of 2006, the Korea Fair Trade Commission ("KFTC") imposed a fine of approximately thirty-one million dollars and a cease-and-desist order against Microsoft Corporation ("Microsoft") for bundling its Windows Media Service ("WMS"),...
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What Impact Will the Revised Trade Union Law of China Have on Foreign Business?
Abstract: Cheap labor. Minimal regulations. Bribable officials. Foreign corporations attracted to China because of its low cost of business have avoided the unionization desired by the Chinese Communist Party ("CCP") despite China's history of weak trade...
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China's Practice of Procuring Organs from Executed Prisoners: Human Rights Groups Must Narrowly Tailor Their Criticism and Endorse the Chinese Constitution to End Abuses
Abstract: For the past two decades, human rights groups, medical organizations, and the international media have excoriated China for procuring transplant organs from executed prisoners. This practice was first authorized under China's 1984 "Temporary...
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The International Law Exception to the Act of State Doctrine: Redressing Human Rights Abuses in Papua New Guinea
Abstract: In Sarei v. Rio Tinto, the Ninth Circuit reversed the dismissal of Papua New Guinea residents' alleged human rights violations and environmental tort claims under customary international law and the Alien Tort Claims Act. The Ninth Circuit...
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Korea's New Prostitution Policy: Overcoming Challenges to Effectuate the Legislature's Intent to Protect Prostitutes from Abuse
Abstract: Prostitution has been rampant in South Korea, exposing tens of thousands of women to abuse and violence. Beginning in 2000, however, women's rights organizations spearheaded a legal reform campaign to change the nation's prostitution policy....
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When the Price Is Too High: Rethinking China's Deterrence Strategy for Robbery
Abstract: Economic property crime in China has soared since the country enacted market reforms in the early 1980s. Robbery rates are rising faster than most economic property crimes, such as larceny and fraud, and violent crimes, such as rape, murder,...
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The 2006 Revisions to Japan's Equal Opportunity Employment Law: A Narrow Approach to a Pervasive Problem
Abstract: In June 2006, Japan changed its approach to employment discrimination by amending the Equal Employment Opportunity Law ("EEOL"). The change was prompted by increased gender discrimination litigation, domestic economic pressures relating to...
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Vol. 16, No. 1, January

Introduction to the New Company Law of the People's Republic of China
Abstract: This article briefly analyzes the new Company Law and its effects on doing business in China. After a brief history of the previous version of the law, this article examines the many changes to management and articles of association, capital...
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Perverse Main Bank Rescue in the Lost Decade: Proof That Unique Institutional Incentives Drive Japanese Corporate Governance
Abstract: Two of the most prominent Japanese corporate governance scholars, Professors Miwa and Ramseyer ("M&R"), have recently published numerous articles and a book setting out their contrarian free-market theory of Japanese corporate governance....
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Judgment on Unfair Competition Dispute between Baidu Online Network Technology (Beijing) Ltd. Co. and Beijing 3721 Technology Ltd. Co
I. TRANSLATOR'S NOTEOn October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. ("Baidu"), a Nasdaq-listed company known as the "Google of China,"1 filed a suit against its competitor Beijing 3721 Technology Ltd. Co. ("3721")2 in Beijing...
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Customary International Humanitarian Law and Multinational Military Operations in Malaysia
Abstract: The International Committee of the Red Cross published a study in 2005 identifying rules of customary international law applicable to armed conflict and theoretically binding on all nations. This study found that customary state practice has...
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Heightened Security: The Need to Incorporate Articles 3bis(1)(a) and 8bis(5)(e) of the 2005 Draft Sua Protocol into Part VII of the United Nations Convention on the Law of the Sea
Abstract: Maritime terrorism on the Pacific Ocean is a growing threat. Terrorists can take advantage of widening gaps in the world's maritime security regime. The current incarnation of the legal framework surrounding the nonflag-state right of visit...
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The Marriage Amendment Act: Can Australia Prohibit Same-Sex Marriage?
Abstract: Both the United States and Australia have federal legislation, the Defense of Marriage Act1 and the Marriage Amendment Act 2004,2 that defines marriage as a union between a man and a woman. Australia has an express provision in its constitution...
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Ending the Silence: Thai H-2a Workers, Recruitment Fees, and the Fair Labor Standards Act
Abstract: Increasing numbers of Thai workers are coming to the United States using "H-2A" temporary agricultural worker visas. Compared with their Latin American counterparts, Thai H-2A workers are more vulnerable to poor working conditions and other...
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Controlling Business Method Patents: How the Japanese Standard for Patenting Software Could Bring Reasonable Limitations to Business Method Patents in the United States
Abstract: In recent years, the United States has expanded the scope of subject matter that can be patented. The Court of Appeals for the Federal Circuit has evolved a standard that allows inventors to patent software as long as it produces a useful and...
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Establishing Secondary Liability with a Higher Degree of Culpability: Redefining Chinese Internet Copyright Law to Encourage Technology Development
Abstract: While enjoying the tremendous economic benefit brought by the Internet to the nation, China has been attempting to update its intellectual property law to address online copyright infringement issues. The current legal framework, which premises...
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The Persecutor Bar in U.S. Immigration Law: Toward a More Nuanced Understanding of Modern "Persecution" in the Case of Forced Abortion and Female Genital Cutting
Abstract: Congress installed the persecutor bar to asylum seekers in the United States thirty years after the end of World War II to facilitate the deportation of Nazi war criminals. The persecutor bar's legal evolution was rooted in part in the practical...
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Vol. 15, No. 3, September

Constitutional Adjudication in Post-1997 Hong Kong
Abstract: In July 1997, the British colony of Hong Kong was returned to the People's Republic of China ("PRC"). It became a Special Administrative Region ("SAR") of the PRC in accordance with the concept of "one country, two systems" embodied by the...
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The Influential Legacy of Dutch Islamic Policy on the Formation of Zakat (Alms) Law in Modern Indonesia
Abstract: This article attempts to trace the influence of the colonial legacy in the formation of zakat (alms) policy in modern Indonesia. The article argues that the influence of the Dutch Islamic policy has gradually diminished as the process of Islamization...
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If I Had a Hammer: The Oecd Guidelines for Multinational Enterprises as Another Tool to Protect Indigenous Rights to Land
Abstract: As developing countries embrace market economies, a primary source of investment is in the form of foreign direct investment through action by Multinational Enterprises ("Multinationals") inside a country's borders. Activity by a Multinational...
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The Judicial Application of the Causation Test of the False Statement Doctrine in Securities Litigation in China
Abstract: As part of the reform of China's centrally planned economy, one of the primary purposes in establishing a stock market was to help state-owned enterprises raise sufficient capital from the public. The protection of investors' interests was...
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Water Privatization in the Philippines: The Need to Implement the Human Right to Water
Abstract: Water is widely recognized as an essential element to sustain life, yet attaining universal access to clean drinking water remains a perplexing issue throughout the lesser-developed world. In 1997, with backing from private investment and the...
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The Tonle Sap: Reconsideration of the Laws Governing Cambodia's Most Important Fishery
Abstract: The Tonle Sap Basin is not only Cambodia's largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic...
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Aiming Straight: The Use of Indigenous Customary Law to Protect Traditional Cultural Expressions
Abstract: Globalization has led to the propagation of traditional cultural expressions of indigenous peoples outside their communities. Consequently, the question of how these expressions should be protected has acquired heightened significance. Commentators...
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Breaking Down Barriers to U.S. Investment in Vietnam's Real Estate Market
Abstract: Despite great progress in Vietnam's general investment environment, barriers exist which impede U.S. investment in Vietnam's real estate market. While Vietnam remains a socialist country, drastic liberalization of its market structure and investment...
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Vol. 15, No. 2, June

The President Refuses to Cohabit: Semi-Presidentialism in Taiwan
Abstract: French constitutional practices suggest that cohabitation between the president and the prime minister, where the latter is the leader of the opposition majority in parliament, creates a workable governmental relationship. Taiwan's constitutional...
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Judicial Intervention in International Arbitration: A Comparative Study of the Scope of the New York Convention in U.S. and Chinese Courts
Abstract: The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been praised as one of the most efficient and powerful multilateral legal instruments in promoting international commercial arbitration. The implementation...
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Cnooc-Unocal and the Wto: Discriminatory Rules in the China Protocol Are a Latent Threat to the Rule of Law in the Dispute Settlement Understanding
Abstract: In the summer of 2005, the Chinese state-owned oil company CNOOC, Ltd. ("CNOOC") attempted to purchase American-owned Unocal Corporation on very favorable terms. There was a serious problem with the merger, however-the U.S. Congress was not...
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Korean Environmental Regulations: Ready to Take on One of the World's Largest Private Real Estate Development Projects?
Abstract: The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone ("IFEZ"), will encompass 209 square kilometers...
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China International Economic Trade Arbitration Commission in 2006: New Rules, Same Results?
Abstract: In May of 2005, the China International Economic Trade Arbitration Commission ("CIETAC") was updated with new rules designed to bring it into conformity with international arbitration standards. The rules were the most recent efforts by the...
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To Charge or Not to Charge, That Is Discretion: The Problem of Prosecutorial Discretion in Chile, and Japan's Solution
Abstract: Chile's recent criminal procedure reform is an ambitious program to bring greater transparency, fairness, and effectiveness to the country's legal system. However, the success of the reform is not assured. To a great extent, the reform's success...
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Genetically Modified Crops in the Philippines: Can Existing Biosafety Regulations Adequately Protect the Environment?
Abstract: Global concern persists about the use of genetically modified crops ("GM crops"). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in...
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Trading the People's Homes for the People's Olympics: The Property Regime in China
Abstract: China is under increasing international scrutiny as the country's economic growth launches the previously isolated nation onto the world stage. As the national wealth increases at a record rate, the government is constantly modifying strategies...
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Vol. 15, No. 1, February

It's All the Rage: Popular Uprisings and Philippine Democracy
Abstract: Massive peaceful demonstrations ended the authoritarian regime of Ferdinand Marcos in the Philippines twenty years ago. The "people power" uprising was called a democratic revolution and inspired hopes that it would lead to the consolidation...
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Restoration Constitutionalism in the South Pacific
Abstract: The dilemmas confronting societies which move from a period of authoritarian rule to liberal democracy have increasingly engaged the attention of academic experts and policy-makers alike. One issue which has received comparatively less notice,...
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The Current State of Equity Investments by Foreign Funds [in South Korea] and Related Legal Issues
Translated by Eugene Kim[double dagger]I. INTRODUCTIONOn September 15, 2004, the South Korean press gave extensive news coverage to a series of private individual "Question & Answer" session meetings which the Capital Group Companies Fund ("Capital...
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Form over Substance: The Inadequacy of Informed Consent and Ethical Review for Thai Injection Drug Users Enrolled in HIV Vaccine Trials
Abstract: Acquired Immune Deficiency Syndrome ("AIDS") has emerged as a health issue of global significance, and clinical research on Human Immunodeficiency Virus ("HIV") and AIDS has become increasingly international in scope. A clinical trial of a...
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The Use of Tandem Mass Spectrometry in Newborn Screening: Australia's Experience and Its Implications for United States Policy
Abstract: In recent years, the United States has drastically increased the number of disorders screened through its newborn screening programs. This increase is made possible by the adoption of new a technology, the tandem mass spectrometer ("MS/MS"),...
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Aids Prevention and the Right to Health under International Law: Burma as the Hard Case
Abstract: Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the "right to health" contained within many...
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Legal Market Liberalization in South Korea: Preparations for Change
Abstract: South Korea's World Trade Organization membership requires the "Land of the Morning Calm" to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market...
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Australian Insolvency Law and the 1992 Isda Master Agreement-Catalyst, Reaction, and Solution
Abstract: The reverberations of Enron's financial collapse were heard on an international scale. Indeed, Enron Australia's liquidation set off a flood of concern and speculation about the International Swaps and Derivatives Association's ("ISDA") model...
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Australia's "New Arrangements in Indigenous Affairs": A New Approach or a New Paternalism?
Abstract: The Aboriginal and Torres Strait Islander Commission ("ATSIC") opened its doors in 1990 with the main objectives of advising the Australian Commonwealth Government ("Government") on Indigenous policy and providing services for Indigenous communities...
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Using International Law More Effectively to Secure and Advance Indigenous Peoples' Rights: Towards Enforcement in U.S. and Australian Domestic Courts
Abstract: Over the past three decades, indigenous peoples have effected a remarkable redefinition of their status and rights under international law, giving rise to an emerging distinct customary international law of indigenous peoples' rights. Though...
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Creating a System for Citizen Participation: How the Nonprofit Sector Can Provide Citizens a Voice in Tokyo's Urban Development System
Abstract: Recent changes in Japan's civil society together with the current political and economic environment have created the first opportunity to develop a viable nonprofit sector that represents citizen interests and allows for public participation...
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Prospects for Citizen Participation in Criminal Trials in Japan
PROSPECTS FOR CITIZEN PARTICIPATION IN CRIMINAL TRIALS IN JAPAN SAIBAN'IN SEIDO [THE LAY JUDGE SYSTEM]. By Takashi Maruta. Tokyo: Heibonsha. 2004. ¥ 720.Judges in Japanese courts were all children of the same type of high-income parents, all studied...
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