Saturday, October 23, 2021
Chris Szabla's Critical Study of the International Labour Organization (ILO)'s Work on Migrants' Rights (Melbourne JIL)
Thursday, October 21, 2021
Published on 21 October 2021
“It is a welcome reminder of both the value of the rule of law and its fragility in the face of grave challenges … We travel in competent hands from the ancient philosophical foundations of the rule of law to an appraisal of the primary questions arising about its health in the modern world. This highly readable text will appeal not only to lawyers and legal theorists but to many others who wish to reflect on these important issues.” – TRS Allan, Professor of Jurisprudence and Public Law, University of Cambridge, UK“The rule of law has come under strain from multiple directions, as skilfully charted by Raymond Wacks, who provides interesting and informed insights as to the nature of such tensions and their interaction.” – Paul Craig, Emeritus Professor of English Law, University of Oxford, UK“One of our most impressive legal theorists, Raymond Wacks has written a wonderful small book that successfully illuminates a large number of pressing legal and political questions ... A wonderful synthesis of legal theory with real-world political and social analysis that I strongly recommend to anyone with an interest in the rule of law and its uncertain fate.” – William E Scheuerman, James H Rudy Professor of Political Science, Indiana University, USA“With seasoned pen and lucid prose, Raymond Wacks continues his lifelong journey of grappling with new and old challenges to the rule of law. The result is something rare in legal scholarship – accessible erudition.” – Albie Sachs, former Justice of the Constitutional Court of South Africa“Raymond Wacks is rightly concerned that integrity, democracy and legality are under siege in our world. By reference to key concepts that help him to illustrate his proposition, he helps to explain how the rule of law is not the same concept as the law of rules. It must have a foundation resting on deep values … Raymond Wacks carefully and accurately defines the concept for today's world … And he affords us a roadmap by which we can invigorate, defend and strengthen this key concept of human freedom.” – The Hon Michael Kirby AC CMG, former Justice of the High Court of Australia“Raymond Wacks' short and readable book does a lot more than offer a spirited defence of the rule of law at a time when it is 'under fire'. He articulates simply and clearly his own theory of the rule of law in a discussion of the complex philosophical debates about it, and then vindicates that theory through showing its application to topics as different as 'capitalism', 'emergencies' and 'globalization'. An astonishing achievement!” – David Dyzenhaus, University Professor of Law and Philosophy, University of Toronto, Canada“Wacks shows [that] the Rule of Law embrac[es] notions of justice ... [and] is indispensable to a society that claims to be democratic ... The book is a timely reminder of the threats we face on many fronts and of the need for vigilance in defence of the Rule of Law.” – John Dugard, Professor of Law Emeritus, University of the Witwatersrand, South Africa and Leiden University, the Netherlands
Marco Wan on Queer Temporalities and Transgender Rights: A Hong Kong Case Study (Social & Legal Studies)
Abstract: This article investigates how theoretical explorations of queer time can shed light on our understanding of law. Taking transgender rights in Hong Kong as a case study, it argues that legal judgments can entrench normative temporal structures and impose tropes such as linearity, futurity, and finality onto the life scripts of trans subjects. Through close readings of the Court of Final Appeal decision in W v. Registrar of Marriages and the recent judicial review challenges that have emerged in its aftermath, it demonstrates how the cases exclude transqueer individuals who do not fit into those temporal trajectories from the realm of rights protection. It also suggests ways of thinking about the temporalities of transgender issues differently. The analysis here stages an encounter between law and literary/cultural theory, and provides a new perspective on the current state of transgender rights in Hong Kong.
Tuesday, October 19, 2021
CALL FOR PAPERS - Berkeley Center on Comparative Equality and Anti-discrimination Law (BCCE) 9th Annual Conference 2022
BEKELEY CENTER ON COMPARATIVE EQUALITY
Loper and Petersen on Legal Capacity, the Disability Convention, and Domestic Law Reform (J Comp Law)
Kelley Loper and Carole J. Petersen
Monday, October 18, 2021
‘Prof. Johnstone’s book on the regulation of cryptoassets forces us to think twice about the way we try to regulate the digital economy. He challenges the habit of the regulators to push new disruptive ideas and instruments into old frames and concepts, and invites them to move out of their comfort zone. Rethinking the Regulation of Cryptoassets is a complete account of the challenges we face in developing a crypto-economy and proposes a coherent and sustainable regulatory framework that ensures both market efficiency and technological relevance.’ – Eva Kaili, Chair of the STOA Committee, Rapporteur of the Blockchain Resolution of the European Parliament, Brussels
‘Cryptographic consensus technology presents extraordinary market opportunities but also raises a host of vexing regulatory challenges. Rethinking the Regulation of Cryptoassets maps this complex terrain and charts a way forward, offering a novel approach to the regulatory enterprise to protect against abuses while fostering innovation. Johnstone brings considerable legal, financial, and technological sophistication to the task, and his analysis is at once rigorous and accessible. This book will become essential reading on the future of cryptoassets.’ – Christopher Bruner, University of Georgia, School of Law, US
‘The crypto industry moves fast and requires regulatory frameworks that can cater to that pace. Prof. Johnstone brings forward a number of ideas that are worth reflecting on as cryptoassets are definitely here to stay.’ – Henri Arslanian, Global Crypto Leader and Partner, PwC
‘Johnstone provides a refreshing way to think about the regulatory limits of applying the standard financial narrative to a technology that is globally programmable but locally valuable. His DBA (Determined-By-Architecture) framework may help align regulation with the borderless possibilities of mathematics.’ – Pindar Wong, Chairman, VeriFi (Hong Kong) Ltd
Sunday, October 17, 2021
Friday, October 15, 2021
Wednesday, October 13, 2021
Tuesday, October 12, 2021
Monday, October 11, 2021
- Ms Amanda Whitfort "Wildlife Crime: Knowledge Transfer for Informed Sentencing in Greater China". This ongoing interdisciplinary project involves a collaboration between Associate Professor Amanda Whitfort, Faculty of Law, Dr Caroline Dingle, School of Biological Sciences and Dr Gary Ades, Head of Fauna, Kadoorie Farm and Botanical Garden, in producing species victim impact statements, showing the impact of wildlife crime on endangered species. These statements aid the Agricultural Fisheries and Conservation Department, Customs and Excise Department and the Department of Justice (Hong Kong) and Forestry police and prosecutors in the PRC to effectively prosecute wildlife crimes, and assist the judiciary in Hong Kong to deter, through effective sentencing, wildlife offences against Hong Kong legislation.
- Ms Isabella Wenting Liu and Ms Stephanie Biedermann “Understanding Rule of Law for Secondary School Students”. The project aims at enhancing Hong Kong secondary school students’ understanding of the rule of law and its crucial role as the foundation of Hong Kong’s success and institutions. HKU law students will develop teaching plans on different rule of law topics and deliver legal talks at secondary schools. This project provides a platform for HKU students and secondary schools to form connections and develop a forum for discussion on foundational legal concepts. Teaching materials will be made accessible to the wider community through the ROLE website (www.role.hku.hk).
- Ms Darcy Lynn Davison-Roberts “Employment & Labour Claims Knowledge Hub”. In partnership with LITE Lab@HKU, A2J and HKWWA, this project seeks to implement the Hub; a technology-based caselaw databank for use by the primary beneficiary HKWWA. The Hub will provide the means by which HKWWA can collect, collate and analyse labour and employment caselaw and in turn facilitate their mission of promoting and improving women workers’ interests and status in Hong Kong through their advocacy work. Once established, the project intends to make the Hub open-sourced and available to other NGOs. This project aims to achieve greater transparency in the judicial decision-making process and to increase access to justice for grassroots, female workers in respect of their labour and employment law issues in Hong Kong.
- Ms Darcy Lynn Davison-Roberts “Legal Advice Programme for Grassroots Women Workers”. This project aims to address the lack of employment and labour law expertise and legal resources available to the grassroots women workers served by the primary beneficiary, the Hong Kong Women Workers’ Association (“HKWWA”). By conducting a needs and capacity assessment, the project will first seek to understand what HKWWA, and its clients identify as their existing and future legal needs and what legal knowledge and resources exist within HKWWA. Following this preliminary analysis, the project will revise and expand upon HKWWA’s existing legal case handling practices and knowledge base and design and implement a bespoke monthly community legal advice programme similar to those utilised by other Hong Kong NGOs.
- Dr Richard Wai Seng Wu “Building Better Lawyers in China and Australia in the Post-Covid-19 Era Through Strengthening Their Capabilities in Innovation, Creativity and Ethics with Experiential Learning”. This interdisciplinary project aims to build better lawyers in China and Australia by strengthening their capabilities in innovation, creativity and ethics in the post-Covid-19 era. Cutting-edge knowledge in these areas will be delivered through webinars to lawyers in these two countries by academics from HKU, UC Berkeley, Melbourne University and Birmingham University, as well as law firm partners, legal counsel and legal technologist who have local experience in China and Australia. This project seeks to create social impact by raising Chinese and Australian lawyers’ awareness of the importance of innovation, creativity and ethics for globalized legal practice in post-Covid-19 era.
Friday, October 8, 2021
Dr Wanshu Cong, our new Global Academic Fellow at the Department of Law, HKU. Her research interests include theory and history of international law, critical legal studies and the intersection of law and technology. More recently, her work has been looking at transnational data governance by drawing from Marxist and Third World Approaches to International Law. During the Global Academic Fellowship, she will compare claims and practices of digital sovereignty by state and non-state actors around the world and analyze them from a historical perspective. Before joining HKU, Wanshu was a Max Weber Fellow at the European University Institute. She holds a D.C.L from McGill University and an LL.M. from Geneva Academy of International Humanitarian Law and Human Rights. She is also an associate editor for the European Journal of International Law.
Wednesday, October 6, 2021
September 23, 2021
Tuesday, October 5, 2021
Podcast Interview with Professor Scott Veitch on his latest book, Obligations: New Trajectories in Law (New Books Network)
Monday, October 4, 2021
On Friday 3 September, the Law Faculty's Associate Professor Amanda Whitfort and Dr Fiona Woodhouse Deputy Director (Welfare) of the Society for the Prevention of Cruelty to Animals (Hong Kong) published an empirical study of animal cruelty cases in Hong Kong. The study was funded by the Policy Innovation and Co-ordination Office of the HKSAR government. It examined 335 cruelty cases in the SPCA's police investigation database from 2013 to 2019 and identified patterns of offending, including which types of animals are most at risk and in what circumstances.
- a duty of care for animals to be introduced to compliment current anti-cruelty legislation;
- regulations to control grooming parlours, animal trainers and boarding facilities;
- new offences to deter animal poisoners;
- improved regulations to control the use of traps;
- a new offence to combat animals falling from heights; and
- prohibitions on mercy release of wild animals.
Saturday, October 2, 2021
America’s appalling response to the COVID pandemic has cost the US trillions of dollars and thousands of preventable deaths. If only we had looked to and learned from China.
Friday, October 1, 2021
Guanghua Yu on The Rise of Germany in the 19th and 20th Centuries and Sustaining Democracy (Law and Development Review)
Law and Development Review
Published in August 2021 online
Wednesday, September 29, 2021
Albert Chen on "A 'Post-National Security Law Era' Narrative for Hong Kong", Preface to Loh and Cullen's New Book in Chinese
Rethinking Hong Kong’s Tax Agreements: Challenges of Transparency, Harmonisation and Global Tax Reform Julien Chaisse and Xueliang Ji…405
Taking “Public Function” Seriously Thomas K. Y. Yeon and Gabriel H. G. Wan…547
Is There a Need for a Regional Fishery Agreement in the South China Sea? Yen-Chiang Chang, Xudong Zhang, Shuang Liu…573
The Principle of Good Faith in International Law Halil Rahman Basaran…597
Guanxi and Law and Society Fieldwork in China Xin He… 625
Maritime Courts in China and their Jurisdiction Ling Zhu and Xiaojing Li…645
TheRegulation of the Art Market in China Hui Zhong…669
Renminbi-CentricGlobal Financial System: China’s Statecraft and Multi-polarity Shen Wei and Joel Slawotsky…737
Qing Judicial Reasoning at the Appellate Level (Part I) Geoffrey MacCormack...801
Lawyer, Scholar, Teacher and Activist: A Liber Amicorum inHonour of Derek Roebuck Peter Scott Caldwell…825