Asian-Pacific Law & Policy Journal (APLPJ) Announces Publication of Spring 2014 Issue Volume 15 Issue 2
The editors and staff of the University of Hawaii’s Asian-Pacific Law & Policy Journal (“APLPJ”) are proud to announce the publication of our Spring 2014 issue (Volume 15, Issue 2)!
Please click here or on the “Current Issue” tab on the toolbar to the right to go to the homepage for Vol. 15, Issue 2. In this issue we present five articles touching on a wide range of topics from throughout the Asia-Pacific region.
Our first article in this issue comes from Professor Eric Yamamoto of the University of Hawaiʻi at Mānoa William S. Richardson School of Law, along with student Miyoko Pettit and 2013 Richardson graduate Sara Lee. The article, entitled UNFINISHED BUSINESS: A Joint South Korea and United States Jeju 4.3 Tragedy Task Force to Further Implement Recommendations and Foster Comprehensive and Enduring Social Healing Through Justice, responds to the recent publication of the official English translation of the South Korean National Committee for Investigation of the Truth about the Jeju April 3 Incident’s report, by suggesting ways to implement reparative justice for the victims of the brutal repression of Jeju’s people in the late 1940’s. Importantly, the article recommends a joint U.S. and South Korean task force to implement a comprehensive program of “social healing through justice” that will help put to rest much of the “unfinished business” left in the aftermath of the April 4 Incident.
Secondly, we present an article by Sale Kwon, Facts That Shed Light on Intent of Single-Firm Refusals to Deal: Comparative Review of the United States and the Republic of Korea Jurisprudence, which offers a comparative analysis of the limitations in antitrust law on the right to refuse to deal in the United States and South Korea. Kwon focuses our attention upon single-firm refusals, provides helpful insight into the differences and similarities between American and Korean antitrust principles, and points the way forward for constructive legal development that takes the intent of the refusing firm seriously.
Labor law practitioners Earl V. Brown, Jr. and Kyle deCant’s Exploiting Chinese Interns As Unprotected Industrial Labor takes a hard look at the rising phenomenon of intern labor exploitation in China. Brown and deCant take a comparative approach to provide a legal-theory context to Chinese labor laws as they relate to so called “industrial interns,” and lay out the historical development of this increasingly exploited source of “cheap labor.” From there, they apply domestic Chinese and international legal norms to the working conditions for these laborers and demonstrate that the conditions fall short of domestic legal standards and may well violate international human rights norms against forced labor. Their article closes with an examination of principles drawn from numerous national and international communities that would greatly improve the quality of Chinese industrial internships and encourage the enforcement of already existing national and international labor norms.
Next, we are proud to present University of Hawaiʻi at Mānoa William S. Richardson School of Law Professor Mark Levin and student Megumi Lachapelle’s translation of Jidai no naka no Saikō Saibansho [Inside the Supreme Court of Japan—from the perspective of a former justice] by Justice Koji Miyakawa, formerly of the Supreme Court of Japan. Justice Miyakawa provides an insider’s view of the development of the Japanese Supreme Court since the 1970’s through a thought-provoking comparison between the Japanese Court and those in the U.S. and Western Europe. Additionally, he reflects upon a small handful of particularly important cases that illustrate the evolving role of the Japanese Court. These insider-reflections will surely be of intense interest to anyone studying the history and development of the Japanese judiciary.
Finally, and closer to home, we close this issue with a student comment by 2014 University of Hawaiʻi at Mānoa William S. Richardson School of Law graduate Daylin-Rose Gibson on the obligations owed by the State of Hawai‘i vis-à-vis genetically engineered (“GE”) agriculture under its state constitution. Gibson details the history of agricultural development in Hawai‘i and the recent emergence of the GE industry as a major source of economic development and employment in the state. She goes on to argue that the Hawaiʻi State Constitution imposes an obligation on the State of Hawaiʻi to regulate the GE industry and GE crops. While narrowly focused upon legal issues within Hawai‘i, this comment is illustrative of the complex issues and often contentious atmosphere surrounding GE agriculture in the Pacific and provides helpful insights for other island communities as they address these challenging issues.
We wish to our senior and staff editors who worked so hard this year to see this issue to final publication. Without their dedication and hard work this would not have been possible. We would also like to thank our faculty advisors – Professors Mark Levin, Ron Brown, Larry Foster, and Melody MacKenzie – for their support and guidance throughout the publication process. Additionally, we would like to thank Professor Tae-Ung Baik for his invaluable assistance in cite checking and researching Korean language resources for this issue.
Please click here to read.
PALS Congratulates the Richardson C/O 2014, Especially Graduating Members of APLPJ & Tim Partelow, Who Graduated W/ A JD & PALS Certificate
Congratulations to the entire William S. Richardson School of Law Class of 2014, from the Pacific-Asian Legal Studies Program (PALS)!
Richardson C/O 2014
On behalf of the entire PALS community, we would like to specially recognize the graduating members of the Asian-Pacific Law & Policy Journal (APLPJ), including:
Stephanie Deweese, Co-Editor-in-Chief
Ikaika Rawlins, Co-Editor-in-Chief
Christiaan Mitchell, Executive & Managing Editor
Janelle Etalagi, Executive Publications Editor
Timothy Partelow, Senior Editor, and
Nara Sitachitta, Senior Editor
Finally, PALS would also like to recognize our PALS Student, Tim Partelow, who proudly graduated with his JD with a Pacific-Asian Legal Studies Certificate!!
PALS Professor Charles Booth and PALS Student, Tim Partelow, who received his JD with PALS Certificate
PALS Professor Carole Petersen Publishes New Book Chapter, “Equal Opportunities Law Reform in Hong Kong”
PALS Professor Carole Petersen and co-author Kelley Loper, University of Hong Kong, just published a new book chapter, “Equal Opportunities Law Reform in Hong Kong: The Impact of International Norms and Civil Society Advocacy” in “Reforming Law Reform: Perspectives on Law Reform Processes in Hong Kong and Beyond,” edited by Michael Tilbury, Simon N.M. Young, and Ludwig Ng (HKU Press, 2014).
On May 2, a Delegation from the China Foreign Affairs University in Beijing visited Richardson to discuss possible areas of collaboration. Several PALS Professors met with the Delegation. PALS Professor Charles Booth reported that a very productive meeting took place followed by lunch at Kirin restaurant.
Standing, from left: Mark Levin, CFAU Former Dean Jiang Guoqing, Charles Booth, CFAU Vice President Zheng Qirong, Spencer Kimura ’96. Sitting, from left: Zhang Hua, CFAU Dean Xu Junke, Carole Petersen, Vicki Szymczak
International Human Rights Clinic Lobbies Hawai’i Legislature To Abolish Juvenile Life Sentences Without Parole
The working group of the International Human Rights Clinic: Elizabeth Browning ’15, Christiaan Mitchell ’14, and Landon Patoc ’14 successfully campaigned for the passage of a bill to abolish Juvenile Life Sentences Without Parole in Hawai’i.
PALS Professor Tae-Ung Baik wrote: “On May 5, the Hawai’i Legislature passed HB 2116, which will end life without parole sentences for juveniles once signed by the Governor. The bill brings Hawai’i into alignment with international human rights norms against juvenile life without parole contained in various international covenants, conventions, and UN declarations.
The bill’s passage was the result of a collaboration between Hawaiʻi’s Community Alliance on Prisons, the Washington DC-based Campaign for the Fair Sentencing of Youth, and our clinic students.”
PALS Professor Lawrence Foster Speaks At Shanghai Institute of Foreign Trade On “Legal & Political Barriers To FDI Into The US”
On May 7th, Pals Professor Lawrence Foster ’81 spoke about “Legal and Political Barriers to Foreign Direct Investment into the U.S.: The Case of Ralls v. Obama” at the Shanghai Institute of Foreign Trade. Larry’s host was Professor Lifeng Tao LLM ’11.
Lawrence Foster ’81
International Human Rights Clinic Visits Palais De Nations in Geneva To Work On North Korean Human Rights Issues
From April 29 to May 2, Pals Professor Tae-Ung Baik, David Klaponski ’15, and International Human Rights Clinic students John Reiss ’15 and Kevin Chen ’15 visited the Palais De Nations, Geneva, Switzerland to work on North Korean human rights issues.
Tae-Ung reported: “In cooperation with a South Korean NGO delegation supported by the National Democratic Institute, the WSRSL delegation discussed human rights issues in North Korea in arranged meetings with officers from the Department of State of the U.S., South Korean Permanent Mission to the UN, the UN Office of the High Commissioner for Human Rights (Asia-Pacific), and the Working Group on Involuntary Disappearance.
In a special meeting on May 1, they also met with Ambassador Robert King, U.S. Special Envoy for North Korean Human Rights Issues at the United States Permanent Mission building to discuss the U.S. position on human rights in North Korea.
On the same day, Tae-Ung and the students also attended the Universal Periodic Review session on North Korea, and participated in a round-table discussion presenting issues on North Korea’s criminal procedure system and food aid to North Korea.”
From left: David Klaponski ’15, John Reiss ’15, Counselor Ki-joung Cho, Tae-Ung Baik, and Kevin Chen ’15 at the South Korea Mission to the United Nations
At the Palais de Nations, from left: Kevin Chen ’15, Tae-Ung Baik, John Reiss ’15, and David Klaponski ’15
From left: Kevin Chen ’15, Tae-Ung Baik, Ambassador Robert King, John Reiss ’15, Kay Seok (researcher, Human Rights Watch), David Klaponski ’15, and the NGO delegation from South Korea.