- Volume 13, Issue 2
The editors of the Asian-Pacific Law & Policy Journal (“APLPJ”), proudly present Volume 13, Issue 2, which ambitiously features two translations, five articles, and four comments. The translations include reporting of landmark Chinese cases from 2009 and 2010 by China’s progressive investigative newspaper, the Southern Weekend. The topics covered in the articles include food safety [...]
- The Papahānaumokuākea Precedent: Ecosystem-scale Marine Protected Areas in the EEZ by Alison Rieser
In 2006, the United States designated by presidential proclamation a 362,073 square kilometers protected area around the Northwestern Hawaiian Islands, a remote chain of coral atolls, reefs, and islands extending 1200 miles seaward of the U.S.’s fiftieth state. A subsequent proclamation renamed the area Papahānaumokuākea Marine National Monument to reflect the area’s cultural and spiritual [...]
- We Are Who We Thought We Were: Congress’ Authority to Recognize a Native Hawaiian Polity United by Common Descent by Derek H. Kauanoe and Breann Swann Nuʻuhiwa
In an attempt to fulfill the federal government’s moral imperative, the United States Congress has spent more than a decade considering several proposed versions of the Native Hawaiian Government Reorganization Act (colloquially referred to as the “Akaka Bill”), which seeks to restore a small measure of Native Hawaiian self-governing authority by providing a process for [...]
- Ten Years of Fighting Trafficking: Critiquing the Trafficking in Persons Report through the Case of South Korea by Ayla Weiss
The United States (“U.S.”) took the lead at the beginning of the twenty-first century in the fight against human trafficking with a comprehensive and novel piece of legislation, the Trafficking Victims Protection Act of 2000 (“TVPA”). The TVPA aims to protect trafficking victims, prevent trafficking, and prosecute traffickers domestically and internationally. The portion of the TVPA [...]
- Judging the Successes and Failures of the Extraordinary Chambers of the Courts of Cambodia by Seeta Scully
Can the Extraordinary Chambers of the Courts of Cambodia (“ECCC”) be considered a success? This question is particularly relevant at this time, when the ECCC has just begun prosecuting its largest case thus far. Four accused persons are currently jointly on trial, facing charges in relation to thousands of witnesses and hundreds of “crime bases” [...]
- Volume 13, Issue 1 is here!
The editors of the Asian-Pacific Law & Policy Journal respectfully dedicate this issue to Professor Jon M. Van Dyke, who passed away on November 29, 2011. The unexpected loss of Professor Van Dyke has been acutely felt by the students, faculty, staff, and alumni of the William S. Richardson School of Law, as well as [...]
- Bridging the Gap?: The Role of Regional and National Human Rights Institutions in the Asia Pacific by Carole J. Petersen
Although the United Nations has been encouraging the development of regional human rights mechanisms for decades, there is still no regional human rights commission or human rights court in the Asia Pacific region. The lack of such a mechanism is often attributed to the region’s vast size and to the diversity of political, economic, and religious [...]
- Globalization Versus Normative Policy: A Case Study on the Failure of the Barbie Doll in the Indian Market by Priti Nemani
In his often cited opinion on trademark law, Judge Kozinski of the Ninth Circuit Court of Appeals succinctly identified both the significance and the tension embodied in the Barbie doll figure. Barbie leads in the world of young females, with her vast wardrobe, her extensive life experiences, and her many diverse friends. In a drive [...]
- Reforming the Current Model of Private Investment in Chinese Education by Patrick Shanahan
Private education has traditionally played a key role in Chinese culture, with a history of teaching students that dates back thousands of years. In the decades following the rise to power of the Chinese Communist Party in 1949, however, the existing private education system was dismantled and replaced by a centrally-planned, state-run approach. This new [...]
- China’s New Tort Law: The Promise of Reasonable Care by Ellen M. Bublick
In July 2010, the Tort Liability Law of the People’s Republic of China went into effect. Trying to envision the consequence of this new law at the time of its inauguration, I remembered a story I heard in my youth. A version ascribed to the Lakota, a Native American tribe in the United States, is [...]
