Sida Liu joined the Asian Law and Society Association (ALSA) as President

Congratulations to Professor Sida Liu, who has joined the Asian Law and Society Association (ALSA) as President.

ALSA is an international association of socio-legal scholars with an Asian perspective on law and society research. ALSA was officially established at the East Asian Law and Society Conference 2015, held at Waseda University, Japan, from August 4–7, 2015.

Since then, ALSA’s membership has grown steadily, including members based in more than 30 countries and regions. These include Australia, Belgium, Canada, China (Mainland), Germany, Hong Kong, India, Indonesia, Japan, Malaysia, Nepal, the Netherlands, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, the United States, Vietnam, and others. The executive office is currently housed at Waseda University, Japan.

ALSA aims to foster scholarship on law and society in Asia and to engage the broader global research community. It stands at an opportune moment to help develop Asian law and society research into a vibrant and cohesive research field. Its annual meetings provide a platform to define the field, advance theory, and cultivate empirical work and new scholarship.

Please click here for more details about ALSA.

The list of ALSA people is available here.

Julian Nowag and Anna Tzanaki on The Institutional Framework of the Digital Markets Act: a novel but thoughtful experiment in regulatory design? (Journal of European Competition Law & Practice)

"The institutional framework of the Digital Markets Act: a novel but thoughtful experiment in regulatory design?"
Anna Tzanaki, Julian Nowag
Journal of European Competition Law & Practice
Published online: March 2026

Key Points: 

• By comparison to the enforcement-based model of antitrust that relies on punishment, this article sheds light on the new more complex and hybrid institutional structure of the Digital Markets Act (‘DMA’) that is focused on ‘cooperative’ compliance based on dialogue between regulator and regulated firms and third parties at first instance and leaves the ‘punitive’ model of enforcement as an option of last resort.
• The Commission as the key institutional actor has discretion to escalate or deescalate the process of the DMA’s implementation along this compliance–enforcement continuum through different instruments.
• The central role of the Commission is supported and counterbalanced by a wide array of decentralized institutional actors and procedures, which render the DMA’s institutional architecture less hierarchical and more participatory and flexible.
• The openness in the DMA’s procedural and institutional design effectively complements the closed nature of its substantive obligations imposed on digital gatekeepers.

Elizabeth Wong on Returning to Hong Kong after commercial surrogacy: The court's decisions in FH v WB, and CS v SW (Common Law World Review)

"Returning to Hong Kong after commercial surrogacy: The court's decisions in FH v WB, and CS v SW"
Elizabeth Wong (JD 2025)
Common Law World Review
Published online: March 2026

Abstract: With the evolution of medical technology, surrogacy has become a favorable alternative for couples to create a family. Yet, section 17 of the Human Reproductive Technology Ordinance (Cap 561) prohibits commercial surrogacy in Hong Kong (HK), prompting many couples to seek paid surrogacy arrangements overseas. This practice creates complexities upon their return to HK with their surrogate-born child. Two significant cases, FH v WB and CS v SW involve cross-border commercial surrogacy arrangements where commissioning parents pursued parental orders under section 12 of the Parent Child Ordinance (Cap 429) to acquire legal parenthood. Although the time limit for the application had expired and unreasonable surrogate expenses were incurred, amounting to breaches, the Court of First Instance (CFI) adopted a lenient attitude and granted a parental order in both cases, prioritizing the welfare principle. This note will first go through the HK legislation and these two decisions, then compare the CFI's reasoning and policy considerations. The CFI faces challenges in reconciling the legislation and its precedents, resulting in legal gaps that indirectly allow commercial international surrogacy arrangements. The discussion will also delve in to potential solutions to effectively regulate commercial surrogacy, such as local legislative reforms or adopting international conventions.

Jedidiah Kroncke on The Comparative Challenges of Cooperative Corporate Governance (JOTWELL)

"The Comparative Challenges of Cooperative Corporate Governance (reviewing Ville Pönkä, Investor Shares in Cooperative Financing: A Comparative Legal Analysis, 36 Eur. Bus. L. Rev. 341 (2025))"

Jedidiah Kroncke
The Journal of Things We Like (Lots)
Published online: November 2025

Popular dissatisfaction with economic life has emerged as a growing challenge to countries across the globe. Magnified by growing inequality, this dissatisfaction stems from a sense that dominant economic institutions can no longer be relied upon to provide citizens with predictable and meaningful economic lives. Yet, even as nations have rejected left- and right-wing incumbents alike, there has remained only episodic engagement with one of the longest-standing alternative traditions for governing economic activity with a proactively social vision: cooperatives. In his article Investor Shares in Cooperative Financing: A Comparative Legal Analysis, Ville Pönkä provides a revealing primer on the challenges of promoting cooperatives through an incisive comparative analysis of “investor shares” as a means for cooperatives to raise capital.

Please click here to view full text on JOTWELL.

Yun Zhao and Zhiming Xiao on The Regulatory Framework for Crowdsourced Online Dispute Resolution: Revisiting the Dispute Resolution Triangle (Pepperdine Dispute Resolution Law Journal)

"The Regulatory Framework for Crowdsourced Online Dispute Resolution: Revisiting the Dispute Resolution Triangle"
Yun Zhao, Zhiming Xiao (PhD Candidate)
Pepperdine Dispute Resolution Law Journal
Published online: February 2026

Abstract: Crowdsourced Online Dispute Resolution (CODR) constitutes a transformative approach to digital-era disputes, fundamentally reconceptualizing dispute resolution through distributed participant networks rather than merely digitizing traditional alternative dispute resolution. Anchored in Katsh and Rifkin’s dispute resolution triangle (trust, convenience, expertise) and Perritt’s co-regulatory governance model, this paper analyzes CODR’s evolution from early systems such as iCourthouse to contemporary implementations. Case studies of eBay Community Court (contractual self-regulation prioritizing convenience) and Xianyu Small Court (state-aligned hybrid governance optimizing expertise through algorithmic juror specialization) demonstrate how platforms operationalize these theoretical frameworks. The legal analysis examines jurisdictional fragmentation and enforcement challenges, revealing how regulatory adaptations—from international harmonization to platform-level solutions—balance innovation against institutional legitimacy. Ultimately, CODR’s viability depends on dynamically synthesizing Katsh-Rifkin’s triad within co-regulatory paradigms across transnational contexts.

New Issue of Asia-Pacific Journal on Human Rights and the Law (Volume 26, Issue 3, Nov 2025)

ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW

Editor-in-Chief: Simon NM Young

Publisher: Brill, Leiden

2025, Volume 26, Issue 3

Table of Contents

Acknowledgement:

Acknowledgement
Pages: 169

Online Publication Date: 15 Dec 2025

Articles:

Between Reformism and Conservatism

Author:  Ramindu Perera

Pages: 170–203

Online Publication Date: 27 Nov 2025

The Quota System in Malaysia – Time for Meritocracy?

Author: Avril Clarice Ning Chin and Gary Kit Min Ng

Pages: 204–226

Online Publication Date: 26 Nov 2025

Sovereignty Over Rights? Realism and Regime Theory Analysis of the ASEAN Intergovernmental Commission on Human Rights

Author: William J. Jones*

Pages: 227–256

Online Publication Date: 26 Nov 2025

Strengthening Human Rights Due Diligence in Indonesia’s Gig Economy

Author: Anjar Kususiyanah, Soleh Hasan Wahid, and Dede Nurohman

Pages: 257–302

Online Publication Date: 28 Nov 2025

back matter:

Back matter

Pages: 303–304

Online Publication Date: 15 Dec 2025

Albert Chen and Ulrike Davy on Social rights thinking and the welfare state: The cases of Germany and China—Afterword to the Foreword by Nehal Bhuta (International Journal of Constitutional Law)

"Social rights thinking and the welfare state: The cases of Germany and China—Afterword to the Foreword by Nehal Bhuta"
Ulrike Davy, Albert Chen
International Journal of Constitutional Law
Published online: February 2026

Abstract: Our Afterword to Nehal Bhuta’s Foreword “Social rights and the origins of the social constitution: From collective natural rights to the social state” first addresses Bhuta’s account of developments in nineteenth-century German states (unified in 1871), in particular the writings of Lorenz von Stein and the activities of the Verein für Sozialpolitik (VfS). Second, it considers Bhuta’s Foreword from the perspective of social rights and social policies in the global South, using China as an example. Our Afterword suggests that in nineteenth-century Germany and twentieth-century China, the emergence of a state that accepts responsibility for individuals’ welfare was not necessarily preceded by, or a consequence of, social rights thinking. Instead, other rationales prevailed.

John Murphy on The Nature and Scope of Liability for Procuring the Commission of a Tort (The Cambridge Law Journal)

"The Nature and Scope of Liability for Procuring the Commission of a Tort"
John Murphy
The Cambridge Law Journal
Published online: February 2026

Abstract: It has long since been accepted that where a defendant induces a primary wrongdoer to commit a tort against a claimant, the procurer may be held liable for the losses and harm thereby caused. Typically, the existence of such liability has been asserted rather than rigorously demonstrated both by judges and jurists. And while some detailed scholarly engagement with this form of liability has been proffered, the explanations on offer have tended to rely less on established principles of law, than on certain theoretical pre-commitments held by the authors in question. The Supreme Court’s decision in Lifestyle Equities v Ahmed has injected some much-needed clarity into this conspicuously underexplored area of law. Yet even now, as this article seeks to show, there is much that remains uncertain concerning the nature and scope of such liability. It therefore seeks to shed light on those matters.

Say Goo on Shareholder Profit Maximization Efficient? Improving the Societal Efficiency of Corporations (Amicus Curiae)

"Is Shareholder Profit Maximization Efficient? Improving the Societal Efficiency of Corporations"
Say Goo
Amicus Curiae (‘Friend of the Court’), Vol. 7 No. 2 (2026): Series 2, pp.601-639
Published online: March 2026

Abstract: This article fundamentally challenges the dominant corporate social responsibility (CSR) paradigm by arguing that structural governance reform (stakeholder boards) is necessary because voluntary CSR, disclosure requirements, and external regulation cannot adequately internalize externalities when boards are legally bound to prioritize shareholder interests. It fundamentally reframes CSR from a voluntary ethical choice or matter of “enlightened” management discretion to a structural governance problem. It challenges the dominant assumption that shareholder profit maximization maximizes societal efficiency. It demonstrates formally that when externalities can be externalized, shareholder profit (M) diverges from societal efficiency (E), sometimes dramatically. Current corporate law compounds this problem by legally obligating directors to pursue the misleading profit figure rather than genuine social value. The proposed solution offered is that stakeholder board representation offers a more direct and potentially more efficient mechanism for internalizing costs than relying on external regulation alone. Voluntary environment, social and governance reporting, stakeholder consultation, and investor pressure all fail because they leave intact the fundamental board structure that creates incentives to externalize. Stakeholder representation addresses the root cause.

Say Goo on The Role of Party Committees in SOEs and Stakeholder Representation in China (The Journal of Comparative Law)

"The Role of Party Committees in SOEs and Stakeholder Representation in China"
Say Goo
The Journal of Comparative Law, Vol 20, Issue 2, 2025
Published in Oct 2025

The Background

State Owned Enterprises (SOEs) in China have long been struggling with, amongst other problems, the question of the efficiency of their governance structure and their corporate social responsibility (CSR). The recent introduction of party committees into China's SOEs and the imposition of a duty of corporate social responsibility on the SOEs was intended to deal with these issues, but have raised concerns in the West of political interference by the Chinese Communist Party (CCP) in the SOEs' operations, thereby affecting the objectives and efficiency of the SOEs, and how this duty is to be fulfilled by SOEs. This paper therefore, examines the research question: how China can improve the corporate governance structure of SOEs to better fulfil CSR while maintaining efficiency, and specifically, whether implementing stakeholder representation within existing party committee structures or boards of directors would be able to address current governance shortcomings?

James Zeng on A Legal Theory of State-Owned Enterprises: The China Experience (Cambridge University Press)

A Legal Theory of State-Owned Enterprises: The China Experience
James Zeng
Cambridge University Press
Published online: January 2026

Description

The privatization of state-owned enterprises (SOEs) is more accurately described as a process of legalization rather than liberalization, given that the state often continues to regulate private enterprises even after privatization. This process requires clearly defining the boundaries between public power and private property, which entails significant social costs. The continued prevalence of SOEs in China is largely due to the difficulty of defining these boundaries, especially in sectors where safeguarding private property clashes with state priorities. Such sectors include water utilities, coal mining, commercial banking, and infrastructure, where competing state goals complicate the full privatization of the market. Therefore, it is essential to be cautious against the legal centrist view' that assumes law is inherently superior to state ownership. Privatizing SOEs is not merely the transfer of equity-it demands the establishment of advanced legal and regulatory frameworks, making it a complex and gradual endeavor.

Adrian Kuenzler on Meta’s peculiar acumen—moving privacy ahead in social media markets (Yearbook of European Law)

"Meta’s peculiar acumen—moving privacy ahead in social media markets"
Adrian Kuenzler
Yearbook of European Law
Published online: December 2025

Abstract: This article puts forward a new perspective on Meta Platforms Inc., a recent breakthrough decision of the Court of Justice of the European Union (CJEU), reconfiguring key debates around the use of personal data by social media companies and how that use affects the manner in which individuals and social relations are represented, realized, and governed through digital markets. The decision enables dominant social media companies to offer, for an appropriate fee, a paid version of their products if users reject personal data processing by the platform. While Meta defies conventional viewpoints as to how consumers can give valid consent to the processing of their personal data, this article submits that the decision to enable them to do so in this fashion is expedient. The CJEU uncovers a rift between different avenues of consumer influence and recognizes that these avenues are interlinking means of moving privacy ahead in concentrated markets. Though existing legal doctrine does not fully accept that vital reality, Meta in fact clears the way for privacy to be realized in digital markets.

HKU Jessup Team crowned 2026 Hong Kong Overall Champion

The HKU Jessup Team was declared the Hong Kong Overall Champion in the 2026 Philip C. Jessup International Law Moot Court Competition on 28 February 2026. The Jessup Moot is also known as one of the most prestigious international mooting competitions in the world. This year’s Jessup problem concerned the issues of intervention of non-party states, indigenous rights, general principles of international law and immunities of state-owned enterprises.

The Team consists of Cherie Cheung (PCLL), Jonathan Ho (PCLL), Evan Robinson (PCLL), and Matthew See (LLB3). In addition to the Champion title, the Team was awarded both the Best Applicant Memorial Award and the Best Respondent Memorial Award, as well as two Best Oralist awards, with Evan Robinson and Cherie Cheung winning the 1st and 3rd Best Oralist awards respectively.

The Team would like to express their sincerest gratitude to the coaches, Mr Fergus Tam and Mr Thomas Lam, for their valuable feedback and guidance. The Team would also like to thank the guest judges, Mr Ryan Cheung, Mr Raphael Leung, Mr Jason Louie, Ms Faith Lee, Ms Holly Leung, Ms Ally Chan, Mr Leo Pang, Mr Chung Hin Yue, and Ms Veronica Yu for their kind assistance, helpful advice and rigorous advocacy training. The team now advances to the Global Rounds in Washington DC, in which they will represent Hong Kong.

Craig Purshouse and Emma Cave on Fifty years of the Congenital Disabilities (Civil Liability) Act 1976: A spent statute? (Medical Law Review)

"Fifty years of the Congenital Disabilities (Civil Liability) Act 1976: A spent statute?"
Craig Purshouse, Emma Cave
Medical Law Review, Volume 34, Issue 1
Published online: February 2026

Introduction: In July of this year, 50 years will have passed since the enactment of the Congenital Disabilities (Civil Liability) Act 1976, the statute governing tort liability for prenatal injuries in England, Wales, and Northern Ireland. Golden anniversaries are often worth commemorating and, given that the Act was a response to the thalidomide disaster, this one might seem especially deserving of celebration. Alas, in this commentary, we have come to spoil the party. We are far from the only killjoys. From its earliest conception, the Act elicited a stream of criticism. Commenting on the Bill that led to the Act, Ian Kennedy and RG Edwards believed that it represented ‘a number of ad hoc decisions without any coherent structure either in legal reasoning or in social policy’ that would not ‘satisfy the needs of most children’. The late Margaret Brazier was equally scathing, attacking its ‘complex and convoluted rules’ and concluding that it ‘does little for the reputation of Parliamentary draughtsmen and has proved a nightmare to operate in practice’.

Gary Meggitt on Insurance Brokers and AI (New Book Chapter)

"Insurance Brokers and AI"
Gary Meggitt
in Commercial Insurance Law: Emerging Trends and New Perspectives, edited by Barış Soyer (Routledge, February 2026), Chapter 11, pp.209-234
Published online: February 2026

Abstract: It is a widespread fear that thousands of gainfully employed people will soon be made redundant and replaced by Artificial Intelligence (AI) systems. Yet, insofar as insurance brokers are concerned, that anxiety has been replaced by a growing belief that the “human element” of the role – including the relationships with clients and insurers – remains essential and irreplaceable. Indeed, many brokers now expect AI systems such as Marsh McLennan’s LenAI to enable them to focus on such activities.

Yet concerns remain. Principally, how will AI systems affect brokers’ obligations to policyholders and others?

Raymond Wacks on The Rule of Law Under Fire: Will it Survive? (Hart Publishing)

The Rule of Law Under Fire: Will it Survive? (Second Edition)
Raymond Wacks (Emeritus Professor)
Hart Publishing
Published on 19 February 2026

Description

Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation.

He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the 'war on terror', and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.

(Please click here to view the book reviews of the First Edition)

Angus Young and Grace Li on Technological Disruption as an Agent of Change in Legal Education? Surprises, Disappointments and Experimentations in Australia and Hong Kong (The Law Teacher)

"Technological disruption as an agent of change in legal education? Surprises, disappointments and experimentations in Australia and Hong Kong"
Grace Li and Angus Young
The Law Teacher
Published online: January 2026

Abstract: This article explores how law schools in Australia and Hong Kong address digital disruption, particularly legaltech, and whether curricula equip graduates to manage structural and business-model shifts in legal services. Using a systematic survey of course handbooks identified through keyword searches and coded by inclusion and exclusion criteria, the study maps documented legaltech education. Course descriptions were cross-checked with faculty webpages where possible, though reliance on published handbooks is noted as a limitation. Findings reveal that while legaltech offerings are growing, they remain uneven and fragmented. This gap supports the central argument: law schools must move beyond isolated technology modules to fostering adaptability and change management skills. Practical barriers—such as high software costs and limited staff expertise—further constrain reform despite pedagogical intent. By situating these challenges within broader debates on hybrid legal roles and regulatory disruption, the article underscores the need for legal education to evolve beyond technical knowledge toward preparing graduates for dynamic professional models.

Stefan Lo on The Stillborn Statutory Corporate Rescue Procedure in Hong Kong: Lost Opportunities and Future Possibilities (JICL)

"The Stillborn Statutory Corporate Rescue Procedure in Hong Kong: Lost Opportunities and Future Possibilities"
Stefan Lo
Journal of International and Comparative Law, Vol 12 Issue 2, pp. 263-298
Published online: December 2025

Abstract: The process for reform of corporate restructuring laws in Hong Kong to facilitate the rehabilitation of companies in financial distress has been a difficult and protracted one. Since the late 1990s, the Hong Kong government has attempted, unsuccessfully, on a number of occasions to enact a statutory corporate rescue procedure to address gaps and problems in the existing law. The most recent attempt had led to a draft Companies (Corporate Rescue) Bill that was close to finalisation in 2020–2021, but the Bill was in the end not introduced into the legislature due to opposition from some stakeholders (such as the labour sector and small businesses) on aspects of the proposed procedure. The reform process is now stalled. It is argued in this article that the perceived difficulties were to a large extent already addressed by the draft Bill and that it is imperative for the Hong Kong government to re-start the reform process to enact reforms which are long overdue and which are vital for development and maintenance of Hong Kong’s status as an international centre of commerce and finance.

Kung Hey Fat Choy 2026

HKU Legal Scholarship Blog wishes everyone a Happy Chinese New Year 2026.

Thank you to Richard Cullen for drawing and sharing his traditional annual cartoon to mark

The Year of the Horse.

Eric Ip and Trevor Wan et al on Harnessing the power of constitutional rights and legal frameworks to scale up public mental health implementation (The Lancet Psychiatry)

"Harnessing the power of constitutional rights and legal frameworks to scale up public mental health implementation"
Michael Ni, Candi Leung, Trevor Wan, Jonathan Campion, Neeraj Gill, Sandro Galea, Eric Ip
The Lancet Psychiatry
Published online: February 2026

Summary: Despite the existence of effective public mental health interventions, global coverage remains low. Only a minority of people with mental disorders receive treatment, far fewer receive interventions to address or prevent the associated impacts of mental disorders, and there is negligible coverage of interventions to prevent mental disorders or promote mental wellbeing and resilience. This implementation failure breaches the right to health and statutory legislation in some countries and results in population-scale preventable suffering, broad societal and individual impacts, and associated economic costs. Various reasons account for public mental health implementation failure, including insufficient policy and implementation according to population needs, and insufficient knowledge, resource, political will, and legal protection regarding the right to mental health. This Health Policy highlights a further reason for implementation failure is that only 12% of constitutions covering 3·5% of the world's population explicitly recognise a constitutional right to mental health, compared with 70% of constitutions recognising a constitutional right to health or physical health. A legal framework that includes explicit constitutional protection for mental health would mean the right to mental health would supersede all other laws. This would thereby provide a basis for legislation and support legal opportunities to challenge, advocate, and improve effective public mental health implementation by different sectors. This framework and associated opportunities would support the scale-up of implementation of cross-sector policy based on the public mental health needs of a population. Such a holistic, coordinated legal approach would support scaled-up coverage of public mental health interventions to treat and prevent mental disorders and promote mental wellbeing and resilience, as well as action to address inequities and protect the rights of those with mental disorders. Improved implementation would result in broad impacts across different sectors and associated economic benefits.