Pacific Rim Law & Policy Journal

Articles from Vol. 16, No. 2, March

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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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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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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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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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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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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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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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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