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Full-Text Articles in Chinese Studies

The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement, Scott Halsted May 2019

The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement, Scott Halsted

Master's Projects and Capstones

The Trans Pacific Partnership (TPP) agreement would have been the most sizeable free trade agreement in history. The agreement was set up by the Obama administration as an economic benefactor plus geopolitical tool to maintain the balance of power in the Asia Pacific region, rivaling the power of China. However, numerous politicians within the Trump administration, plus multiple political opposers including Hillary Clinton and Sen. Bernie Sanders, were major advocates for the U.S. removal after realistically adjusted estimates of the TPP showed economic benefits not equating to original estimates. However, the United States withdrawal raises significant successes that can ...


A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito Mar 2019

A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito

Japanese Society and Culture

Taiwan is one of the most important entities for Japan in the international relations and history. Beijing government has emphasized “One-China Policy” and doesn’t recognize Taiwan as a sovereign state until the present. The issue, whether Taiwan is a de jure state, is a legal issue for only Japan based on the international legal systems of recognition and treaty. In those systems, it is evident for Japan that two peace treaties exist until the present with the Republic of China and the People’s Republic of China. The existence of two treaties means that two sovereign states who did ...


Occupation During And After The War (China), Lukas K. Danner Jul 2018

Occupation During And After The War (China), Lukas K. Danner

Dr. Lukas K. Danner

No abstract provided.


Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender May 2018

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim ...


Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper Jan 2018

Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper

Faculty Publications

Review of John Whalen-Bridge, Tibet on Fire: Buddhism, Protest, and the Rhetoric of Self-Immolation, in Journal of Contemporary Religion


21st Century Chinese Art Market Boom, Ayca Deniz Ergin Jan 2018

21st Century Chinese Art Market Boom, Ayca Deniz Ergin

Summer Program for Undergraduate Research (SPUR)

This research paper provides a detailed analysis of how China has become the fastest growing art market around the world. How did the economic development in China led the country to the top in recent years, in contrast to its Western competitors? What is China’s role in the global art market scene? What changes have been made, in a socialist system, to accommodate foreign investors and what future changes should be made to sustain its growth?

Through focusing on the correlation between economic growth and art market expansions, this research develops the relationship through referencing various quantitative and qualitative ...


Constitutional Mobilization, Bui Ngoc Son Jan 2018

Constitutional Mobilization, Bui Ngoc Son

Washington University Global Studies Law Review

People around the world are mobilizing for constitutional change. This global phenomenon has been underexplored in comparative constitutional studies. This Article introduces the concept of constitutional mobilization, theorizes about it, and offers an original, empirical case-study.

First, it develops a general theoretical framework defined by the following key concepts. Constitutional mobilization is the process by which social actors employ constitutional norms and discourses to advocate for constitutional change. Constitutional opportunity refers to the general political and constitutional environment in which constitutional mobilization operates, and particular political and constitutional processes that provoke constitutional mobilization. Constitutional framing concerns identifying constitutional problems and ...


Exclusionary Megacities, Wendell Pritchett, Shitong Qiao Jul 2017

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

Faculty Scholarship at Penn Law

Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the ...


Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey Jun 2017

Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey

Honors College Capstone Experience/Thesis Projects

Academic freedom is the ability to explore, research, and analyze any topic without prohibitions or repercussions. In the Anglo-American tradition, it is both a fundamental aspect of academia and, as this thesis argues, a fundamental human right. Although the United States embraces this core principle of academia within American universities, the People’s Republic of China (PRC) seeks to suppress the acquisition of knowledge through restrictions on topics deemed politically-sensitive to the Chinese government. Although human rights abuses pervade the PRC and academic freedom is suppressed, PRC-funded entities known as Confucius Institutes (CIs) are widely embraced at universities in liberal ...


Enclave Of Ingenuity: The Plan And Promise Of The Beijing Intellectual Property Court, Max Goldberg May 2017

Enclave Of Ingenuity: The Plan And Promise Of The Beijing Intellectual Property Court, Max Goldberg

Student Work

A 2016-2017 William Prize for best essay in East Asian Studies was awarded to Max Goldberg (Pierson College '17) for his essay submitted to the Ethics, Politics, & Economics Program, "Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court.” (Frances Rosenbluth, Damon Wells Professor of Political Science, and Paul Gewirtz, Potter Stewart Professor of Law, advisors.)

Max Goldberg’s thesis, Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court, examines in depth one of the most interesting institutions in today’s China – an experimental court that stands at the intersection of China’s ...


Proceso Identitario: La Vinculación Entre La Autoadscripción De Jóvenes Chinos-Argentinos En Buenos Aires, Argentina Y Las Oportunidades Laborales, Experiencias Educativas Y La Conservación Del Idioma Chino, Cassiopeia Lee Apr 2016

Proceso Identitario: La Vinculación Entre La Autoadscripción De Jóvenes Chinos-Argentinos En Buenos Aires, Argentina Y Las Oportunidades Laborales, Experiencias Educativas Y La Conservación Del Idioma Chino, Cassiopeia Lee

Independent Study Project (ISP) Collection

The purpose of this research is to analyze the identity processes of Chinese/Taiwanese-Argentinean young people in Buenos Aires, Argentina and connect their self-identifications with experiences and decisions related to education, careers, and cultural preservation. The narrative of Chinese and Taiwanese immigrant experience in Argentina traditionally focuses on the role of these immigrants in the supermarket sector of the economy, emphasizing conflict between the immigrant community and Argentinean natives and the isolation of the Chinese community perpetuated by the role the children of these immigrants played as translators and workers especially during the years between the 1970s and the 1990s ...


Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng Jan 2016

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the ...


E-Cigarette Regulation In China: The Road Ahead, Eric A. Feldman, Chai Yue Jan 2016

E-Cigarette Regulation In China: The Road Ahead, Eric A. Feldman, Chai Yue

Faculty Scholarship at Penn Law

The global electronic cigarette industry has exploded in the past decade—from $20 million in sales in 2008 to an estimated $7 billion in 2014—and China has been an essential part of that growth. As the world's largest consumer of combustible tobacco products, accounting for about one-third of the global market. China is also a prime contender to become the largest consumer of electronic cigarettes. These simple facts raise a critical question—what should the Chinese government do about regulating electronic cigarettes?

So far, the regulation of electronic cigarettes in China has attracted scant attention. This paper begins ...


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia Dec 2015

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.


Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman Jan 2015

Freedom From Violence And The Law: A Global Perspective In Light Of Chinese Domestic Violence Law, 2015, Rangita De Silva De Alwis, Jeni Klugman

Faculty Scholarship at Penn Law

No abstract provided.


Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing Dec 2013

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of ...


Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen Oct 2013

Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen

2013 New England Association for Asian Studies Conference

Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was ...


Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin Jan 2011

Chinese Reverse Mergers, Accounting Regimes, And The Rule Of Law In China, Benjamin A. Templin

Benjamin A. Templin

In 2010, federal regulators and politicians became increasingly concerned over the accounting practices of Chinese companies that trade on U.S. stock exchanges. In particular, the Securities and Exchange Commission (“SEC”) targeted companies that went public through a process called the reverse merger. The instances of fraud became so widespread, regulators and commentators coined the term Chinese Reverse Merger (“CRM”) in order to describe a sector where investors assume the risk of accounting irregularities. Although CRMs must comply with international accounting standards, a weak rule of law in China has resulted in poor implementation and enforcement of its accounting regime ...


European Policies On Land Compensation And Support For Displaced Rural Workers: Relevance To China, Mel Cousins, Zhihui Wu, Jean-Phillipe Lhernould, Malgosia Rusewicz, Simon Roberts Sep 2010

European Policies On Land Compensation And Support For Displaced Rural Workers: Relevance To China, Mel Cousins, Zhihui Wu, Jean-Phillipe Lhernould, Malgosia Rusewicz, Simon Roberts

Mel Cousins

This report examines the position of farmers who have lost their land (or displaced rural workers) in China. It studies policies adopted in three EU countries (France, Poland and the UK) (i) to provide compensation for land which has been compulsorily purchased; and (ii) to provide social policy support to disaplaced rural workers. It draws out the possible implications of these EU experiences for China


Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis Jan 2010

Opportunities And Challenges For Gender-Based Legal Reform In China, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

No abstract provided.


The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis Jan 2004

The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no ...


Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle Jan 2004

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle Jan 2002

Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis Jan 2002

When Gender Differences Become A Trap: The Impact Of China's Labor Law On Women, Charles J. Ogletree, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

No abstract provided.


Fighting Gender Discrimination In The Chinese Workplace, Christine M. Bulger May 2000

Fighting Gender Discrimination In The Chinese Workplace, Christine M. Bulger

Boston College Third World Law Journal

This Note analyzes the avenues available to Chinese women in their struggle for workplace equality. While China has enacted a number of laws that appear to afford women equal opportunity in employment, the ineffectiveness of these laws is quite apparent. There are many reasons for this, including the inherent inadequacies of many of China's statutes and of its Constitution, barriers and failures within the legal and court systems, and the traditional inferior status of women in Chinese society. However, as young Chinese citizens are becoming less dependent upon their government, they are also becoming more willing than earlier generations ...


China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle Jul 1998

China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle Jan 1997

Political Alchemy, The Long Transition, And Law's Promised Empire: How July 1, 1997 Matters - And Doesn't Matter - In Hong Kong's Return To China, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.


Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane Jan 1997

Hong Kong's Endgame And The Rule Of Law (Ii): The Battle Of "The People" And The Business Community In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane

Faculty Scholarship at Penn Law

No abstract provided.


Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane Jan 1997

Hong Kong's Endgame And The Rule Of Law (I): The Struggle Over Institutions And Values In The Transition To Chinese Rule, Jacques Delisle, Kevin P. Lane

Faculty Scholarship at Penn Law

No abstract provided.


Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle Jan 1996

Of Chinese Walls, Battering Rams, And Building Permits: Five Lessons About International Economic Law From Sino-U.S. Trade And Investment Relations, Jacques Delisle

Faculty Scholarship at Penn Law

No abstract provided.