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This paper analyzes the curtailment of constitutional rights arising from the implementation of emergency measures due to the COVID-19 pandemic in China's Hubei Province, which was not at all counterbalanced by introducing new forms of due constitutional protection. Likewise, high expectations cannot be set on pre-existing means of constitutional safeguards since the Chinese government clearly refused to establish new or different safeguarding procedures nor did it deem it necessary to establish ad hoc courts in order to tackle the COVID-19 pandemic. The paper is laid out as follows: (1) fundamental rights in a contemporary socialist state: an overview; (2) containment measures against COVID-19 and flexibility of constitutional right;. (3) the centrality of governing bodies and restrictions of constitutional rights; (4) territorial governance and centralization of containment measures against COVID-19; (5) between soft law and totalitarian propaganda; and (6) the ubiquity of the Communist Party of China and the "alignment" of judicial functions. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the current criminal sentencing guidelines these countries employ. Further, this paper will examine the theories of criminal punishment, taking a specific interest in the deterrence theory of tort law as a method that can be used to deter offenders and possible future offenders from engaging in such heinous crimes against society. By focusing on the economic principles that fuel human trafficking, such as low-risk, high-reward; systemic inequalities; and supply and demand, this paper stresses the importance that legislatures, government officials, and country leaders across the globe take an assertive approach in not only enacting legislation that enhances criminal punishments for those who engage in the trafficking of persons, but also enforcing the provisions that are established within the legislation to reduce the overall demand for human exploitation. Lastly, this paper emphasizes the need to reduce at-risk victims’ level of vulnerability of exploitation. [ABSTRACT FROM AUTHOR]

This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discrimination and bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to 'the other' in the legal area, and whether there is any conflict between 'legal characteristics' and 'feminine characteristics.' It attempts to break the constraint caused by dualism and gender essentialism. [ABSTRACT FROM AUTHOR]

The thesis of this paper is that governments of some otherwise enlightened states are increasingly fearful of acknowledging the restraints imposed on them by existing international law. They are also reluctant to enter into new commitments by way of international conventions that would expand the reach of international law. The paper asks whether these fears are based on a true understanding of international law or on some distorted view of it. It will draw comparisons and some contrasts between Australia and the United States in their reactions to a number of recent events as well as to some enduring situations of contemporary relevance. Had time (and the limits of my research) permitted, one might also have examined public attitudes toward international law in China, Japan, and Russia in this context, where similar fears appear to be entertained. France, Germany, Italy, and the United Kingdom, also enlightened states, appear by contrast to belong to a group more dedicated to international law. As Robert Kagan has recently remarked, the experience of two world wars at close quarters, and the formation of the European Union, have made the European countries more dedicated to process, where the United States is more interested in results. [ABSTRACT FROM AUTHOR]

The article explores the negotiation of the Taiwan-Panama free trade agreement (FTA) and Panama's switch of diplomatic relations from Taiwan to China. It explains why Panama's revocation of recognition of Taiwan as a state does not mean the end of the Taiwan-Panama FTA. Topics discussed include Taiwan's abandonment of the claim to be the legitimate government of China, the country's international legal personality, and its World Trade Organization (WTO) membership.

This article shows that Chinese adjudication is in a dilemma: on one hand, the judicial discretion is extensive; on the other hand, public opinion supervision is adopted to control the discretion. In fact, the public opinion and judicial discretion could co-exist and compliment one another. There is no objective and stable framework regulating both. There are attempts aiming to completely negate the judicial discretion, such as computer sentencing. A strange logic of judicial reform exists in China: either eliminating the judicial discretion through such mechanical methods as computer sentencing in the hope to guarantee judgment in conformity with the law; or resorting to the arbitrary external power intervention or public opinion supervision to constrain the judicial discretion, resulting in a new form of discretion. In the author's opinion, the critical nexus of institutional designing of good governance is an independent judiciary following the principle of procedural fairness. Therefore it is necessary for China to first establish the courts' authority through judicial reforms, laying the institutional foundation of rule-of-law. Then comes the supervising and checking of the legality of the government power. More importantly, an independent judiciary functions as a neutral arbiter of conflicting interest groups and a third-party enforcer of contracts, which enhances the predictability of market transactions and safeguards fair competition. Compared with structural shift of political power, judicial reform is relatively less difficult and more practical. If judicial reform dooms to fail, how is it possible for a comprehensive political reform to succeed? It is admitted that the judicial reform is subject to the overall power arrangements, nevertheless, it is still probable that we resort to judicial reform, as a breakthrough or reference, a gradual switch on the transformation of political power structure, centering on fundamental requirements of rule-of-law. This roadmap, of course, has preconditions, that is, that the ruler has adequate practical rationality and that society reaches consensus on rule-of-law. [ABSTRACT FROM AUTHOR]

This Note explores the global problem of gender-based labor inequality as exemplified in China. China's historic and cultural framework, the efforts the Chinese government has made to coordinate with the global community on women's rights initiatives, and recent legislation passed at both national and local levels in China provide an interesting case study for countries facing gender inequality in the workplace. The items of legislation, though sometimes drafted using international treaties as a framework, contain unique provisions that provide protections for Chinese women that are not seen elsewhere in the world. Additionally, the Chinese government's current political goal of achieving a harmonious society signals potentially forthcoming advancements in workplace gender equality. [ABSTRACT FROM AUTHOR]

The article discusses the role of China in the rise of Asia and the implication of the rise for global governance. It compares what may emerge in an Asian-dominated world with the governance trends seen in the European Union (EU). According to the author, how Asia, particularly China, might influence international relations is not clear, and multiple possibilities exist. Possible obstacles to the vision of Eastphalia are also discussed.

The article argues that an important part of the future contributions Asia can make to world affairs is the strategic relationship between Japan and China. It discusses the key dynamics of the evolving order in East Asia, including regional economic integration and its spillover effects and China's peaceful and comprehensive rise. The author proposes a framework to help improve the relations between China and Japan.

The article examines the dynamics of the health-foreign policy in China. It provides an overview of the Maoist health diplomacy and the elevation of health issues in the hierarchy of foreign policy objectives in the reform era of China. Features and dilemmas of health-foreign policy interaction of China are offered. According to the author, the tensions and dilemmas inherent in the health-foreign policy mix in China provide risks and challenges to global health governance.

Focuses on the globalization and localization of higher education in China. Background on interrelated trends in Chinese higher education, as of January 2005; Number of students studying in post-secondary schools in China in 2004; Role of the Chinese state in the decentralization of higher education.