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The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Abstract
The article analyzes the development, characteristics, and tendency of China’s labor relations and the labor movement in recent years. It points out that China has begun the transition from individual labor relations to collective labor relations with the strike wave in the summer of 2010 as the main turning point. In the process of transformation, there are two kinds of forces and two ways to accomplish the labor movement. One is the top-down labor union movement led by the authorities within the system; the other is the bottom-up labor movement formed spontaneously by workers outside the system. The article particularly analyzes the emergence of, and mutual relationship between these two types of transition, as well as their influence and significance on China’s labor relations.
Abstract
China’s first labor law was passed in 1995 in order to protect the legitimate rights and interests of laborers. It also was the superstructure created to match the developing labor market and employment reform of the Reform Era by “establishing and safeguarding the labor system suited to the socialist market economy.” In 2007, the prc then passed the second foundational labor law, the Labor Contract Law, which took as its purpose the establishment and development of harmonious and stable labor relations. A major distinction between these two laws is that the 1995 Labor Law emphasized market-oriented flexibility while the 2008 Labor Contract Law, by strengthening the role of labor regulation, emphasizes a state-oriented stability. Since the 2008 lcl, all labor legislation and amendments have those two laws as their origin, creating cycles between reliance on the bottom-up spontaneous power of the market and the top-down regulatory power of the state. So far, there have been 3 cycles of legislation and revision of China’s labor legislation; each five years apart in 2008, 2013, and 2018. This cyclical contest reveals the basic realities of China’s political economy. I use the last twenty years of data on labor disputes to highlight the cyclical nature of China’s labor legislation and the social and political forces that drive these cycles.
The Yearbook was originally founded in cooperation with the UN 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, but fell silent from 2008 onwards. It now has a new editorial team, consisting of internationally based human rights scholars and a team of editors at the Institute for Human Rights of the China University of Political Science and Law and the Center for Human Rights Studies of the Chinese Academy of Social Sciences. Volume 5, 2023, is the result of that cooperation and focuses on the topical issue of international standards and international monitoring procedures, including historical evolution, current interpretation and application, the monitoring work by both treaty- and Charter-based bodies, and directions for future developments.
The Yearbook was originally founded in cooperation with the UN 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, but fell silent from 2008 onwards. It now has a new editorial team, consisting of internationally based human rights scholars and a team of editors at the Institute for Human Rights of the China University of Political Science and Law and the Center for Human Rights Studies of the Chinese Academy of Social Sciences. Volume 5, 2023, is the result of that cooperation and focuses on the topical issue of international standards and international monitoring procedures, including historical evolution, current interpretation and application, the monitoring work by both treaty- and Charter-based bodies, and directions for future developments.
Abstract
The most important tool or institution that the Chinese state has used since 2002 to address environmental pollution, relying on its power to force compliance by local polluters and cadres, is environmental inspection. This article proposes a Bourdieusian approach for analyzing environmental inspection by considering the symbolic power of the state and the local effects of inspections at different levels of government, which have seldom been explored in the literature. We use this approach to examine four propositions with a sample comprising ninety-nine inspections in city H. First, inspectors use both the objective and symbolic power of the state in inspections. Second, inspectors at lower levels in the bureaucratic hierarchy have less objective and symbolic power in confronting local cadres and polluters. Third, local environmental protection changes physical space (e.g., landscape), social space (e.g., relations between cadres and polluters), and mental space (e.g., environmental perceptions). Fourth, inspectors with more power produce larger spaces for environmental protection. Through using this approach, we offer insights into how the Chinese state uses inspection to mobilize local societies to address social or governance crises.