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Volume 6
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.
The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
Volume 6
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.
The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
The focused theme of Volume 6 is Essays in Honour of Professor Shaheen Sardar Ali.
The Chinese Yearbook of Human Rights aims to create a forum for academic exchange between China and the international community in the field of human rights. The Yearbook publishes high quality, peer reviewed articles by scholars from both China and other countries on human rights issues, both regional and global, from the perspectives of law, philosophy, political science, history, and international relations. The Yearbook was originally founded in cooperation with the United Nations Office of the High Commissioner for Human Rights, the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, and the Chinese Academy of Social Sciences. It is edited by the Institute for Human Rights of China University of Political Science and Law, together with the Center for Human Rights Studies of Chinese Academy of Social Sciences, in consultation with an international team of human rights experts.
From Volume 5, 2022 onwards, the Yearbook is being published under the auspices of a new editorial team.
From Volume 5, 2022 onwards, the Yearbook is being published under the auspices of a new editorial team.
Abstract
For over two decades, China has implemented a “legal preemption” strategy of encouraging workers to enforce their legal rights through litigation in order to preempt their tendency toward collective action. During most of this period, there was some space for unlicensed “barefoot lawyers” and labor nongovernmental organizations (ngo s) to provide meaningful assistance to workers by representing them in this litigation process. This article argues that even those limited openings for civil society participation in this area have narrowed as China’s legal preemption strategy has deepened: the government has sought not only to steer workers into the litigation process but also to control who represents them in that process and which tactics they may use. Specifically, the government ramped up its own legal aid programs, in which licensed lawyers beholden to the state represent workers, in order to squeeze out unregulated barefoot lawyers and labor ngo s. The article describes how and why this was done. The article then considers the implications of this transition for workers seeking legal representation and the future of China’s labor ngo s.
English Translation
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
English Translation
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
This is a collection of international law materials relating to the Philippines: excerpts of treaties and declarations; international judicial and arbitral decisions; and Philippine constitutional clauses, statutes and Supreme Court decisions.
Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.
Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.
This is a collection of international law materials relating to the Philippines: excerpts of treaties and declarations; international judicial and arbitral decisions; and Philippine constitutional clauses, statutes and Supreme Court decisions.
Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.
Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.