A new article from Volume 8, Issue 2 is now available for download. Entitled “China’s Orphan Welfare System: Laws, Policies And Filled Gaps,” the article by Anna Jane High contains the following abstract:
This article presents a socio-legal analysis of the care of orphaned and other vulnerable children in China, reviewing law, policy and practice relating to state and non-state orphanages and foster homes. The analysis is first contextualized by an introduction to the demographics of children cared for in state and non-state welfare institutions; prevailing social and cultural attitudes to their rights and entitlements; and the complex nexus between the politically high-stake issue of birth planning and the arguably consequent vulnerability of such children. The article then introduces formal laws and policies relating to the care of orphans, including government duties and responsibilities towards this vulnerable population. The findings of empirical fieldwork carried out in China examining the role of “non-legal,” unregistered and unrecognized non-state actors/NGOs in filling gaps left by the formal state orphan welfare system are then presented. Although the Chinese government claims to take responsibility for orphans, and ostensibly monopolizes the running of orphanages, it is failing to recognize, regulate or oversee the prolific number of private orphanages that have emerged in the last three decades in response to perceived gaps in state-provided services. The emergence of unregulated non-state orphanages, and the gap between child welfare laws and policies, on the one hand, and practice on the other, has resulted in lines of stratification being drawn among Chinese orphans in terms of their access to care and adoption prospects. The implementation of clearer policies, and improved access to formalized state support for the currently informal non-state sector, are needed to promote better outcomes for vulnerable children and caregivers alike, as well as to better guard against sub-standard practices and neglect of orphans.
A new article from Volume 8, Issue 1 is now available for download. Entitled “War on the Korean Peninsula? Application of Jus in Bello in the Cheonan and Yeonpyeong Island Attacks,” the article by Seunghyun Sally Nam contains the following abstract:
The media often reports that the Korean Peninsula remains technically in a state of war, but there remains uncertainty about whether its countries are still legally at war. On December 6, 2010, the International Criminal Court (ICC) released a statement that it was initiating a preliminary examination to determine whether it had jurisdiction over the sinking of the South Korean warship Cheonan by a North Korean submarine, as well as over North Korean artillery attacks near Yeonpyeong Island. For the two attacks to fall under the jurisdiction of the ICC, they must be found to be “war crimes,” which would require that the laws of war (jus in bello) be in effect at the times they were committed. Because the signing of the Korean Armistice Agreement in 1953 marked the conclusion of large-scale hostilities, questions have been raised as to whether the two attacks occurred in the context of a “war” or of an “armed conflict” under international law. This Article analyzes the concepts of war and of armed conflict, the general legal effects of armistice agreements, and the legal effects that a declaration of war might have in the context of the Korean Peninsula. If these two military confrontations in fact occurred during a war or an armed conflict, the ICC would have authority to punish the individuals responsible for committing any associated war crimes. However, if such a nexus is not proven, the ICC will lack clear authority to hold accountable the individuals responsible for these attacks.
A new article from Volume 8, Issue 1 is now available for download. Entitled “Courtroom Drama With Chinese Characteristics: A Comparative Approach to Legal Process in Chinese Cinema,” the article by Stephen McIntyre contains the following abstract:
While previous “law and film” scholarship has concentrated mainly on Hollywood films, this article examines legal themes in Chinese cinema. It argues that Chinese films do not simply mimic Western conventions when portraying the courtroom, but draw upon a centuries-old, indigenous tradition of “court case” (gong’an) melodrama.
Like Hollywood cinema, gong’an drama seizes upon the dramatic and narrative potential of legal trials. Yet, while Hollywood trial films turn viewers into jurors, pushing them back and forth between the competing stories that emerge from the adversarial process, gong’an drama eschews any recognition of opposing narratives, instead centering on the punishment of decidedly guilty criminals. The moral clarity and punitive sense of justice that characterize gong’an drama are manifest in China’s modern-day legal system and in Chinese cinema.
A new article from Volume 8, Issue 1 is now available for download. Entitled “Pure Software in an Impure World? WINNY, Japan’s First P2P Case,” the article by Ridwan Khan contains the following abstract:
Written by Kimberly Han, Jane Marie Russell, and Erika Tang
Welcome and Introductory Remarks
The East Asia Law Review at the University of Pennsylvania hosted its second annual spring symposium, themed “Transnational Deal Making in an Evolving Regulatory Environment.” The symposium opened with a warm welcome for the speakers, scholars and attendees from Penn Law’s own Dean Fitts. Dean Fitts expressed his pride for the journal and congratulations as he reminisced about how far the Journal has come since its inception as a student group. Editor-in-Chief of the East Asia Law Review, Aaron Gingrande, then described the history and mission of the journal, and Symposium Editor Shan Song introduced the topic of the symposium.