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VOLUME 1, NUMBER 1 (Spring 2009)
Issue masthead
Foreword: The Tsinghua China Law Review
By WANG Zhenmin
This is the first academic journal on Chinese law that is edited in China, published and distributed in the U.S., and based on the journal editing and publishing model employed at law schools in North America. [read more...] 
Foreward | 1 Tsinghua China L. Rev. v (2009)
Introduction to the Tsinghua China Law Review
By Tsinghua China Law Review Board of Editors
Despite these humble beginnings, student-edited law journals have gone on to become the most important and influential forum for legal academic discussion. We are therefore well aware of the potential for our law journal, and so there is no reason to be bashful about our aspirations. We hope to become a leading global academic journal on Chinese legal issues. We hope to publish articles that have a positive influence on the development of China’s legal system. And we hope to create a greater understanding of the Chinese legal system among the global legal community. [read more...] 
Introduction | 1 Tsinghua China L. Rev. ix (2009)
The Necessity of Codification of China’s Private International Law and Arguments for a Statute on the Application of Laws as the Legislative Model
By CHEN Weizuo
Recently, the People’s Republic of China embarked on the process of drafting a code of private international law (PIL) for the application of laws to legal relationships in civil and commercial matters involving foreign elements. The article provides historical context for the current discussion on PIL. The article then provides background on the current statutes and judicial opinions, which leads to the article’s support for the necessity of codification of PIL. By examining the current legislative initiatives to adopt a PIL code, this article concludes that the Chinese legislature should and is most likely to use a code on the application of laws to legal relationships in civil and commercial matters involving foreign elements, which contains exclusively conflicts rules. [read more...] 
Article | 1 Tsinghua China L. Rev. 1 (2009)
Gathering Momentum for US-China Cooperation on Climate Change
By Steve Wolfson
This article examines recent reports suggesting ways that the U.S. and China can cooperate to address climate change, highlighting common themes including 1) elevating the issue and reframing it as reform towards a new clean energy economy, 2) mitigating coal emissions through technological improvement and increasing use of renewable energy sources, and 3) strengthening capacity for environmental governance and quantifying GHG emissions. The article examines how such cooperation can contribute towards finding common ground in multilateral negotiations. [read more...] 
Article | 1 Tsinghua China L. Rev. 21 (2009)
A Comparative Study of Lawyers’ Ethics in the US and PRC: Attorney-Client Privilege and Duty of Confidentiality
By XU Xi
With the growth and development of China’s legal profession, Chinese laws and regulations have imposed a greater duty of confidentiality upon Chinese lawyers, most recently through the revisions to the Law of the People’s Republic of China on Lawyers in 2008. By examining the scope of Chinese lawyers’ obligation of confidentiality, this paper examines how the absence of an attorney-client privilege doctrine in China affects Chinese lawyers, in-house lawyers, and foreign lawyers who work in China. This paper argues that the absence of an attorney-client privilege doctrine negatively impacts the attorney-client relationship in China by discouraging open and honest communication between lawyers and their clients. Moreover, the absence of the attorney-client privilege in China can create unique ethical dilemmas for foreign attorneys who work in China. [read more...] 
Article | 1 Tsinghua China L. Rev. 46 (2009)
Law, Literature, and Gender in Tang China: : An Exploration of Imperial Scholar Bai Juyi’s Selected Panwen on Women
By Norman P. Ho
One of the most unique forms of literary writing that has received scant scholarly attention is the 判文 panwen genre. Panwen reached its height in the Tang dynasty (618 – 907), institutionalized in the imperial civil service examinations, one of the entryways into coveted government positions. The structure of panwen is simple: it begins with a statement of a problem rooted in ethics or law, and then argues for a certain position using legal precedent, legal codes, or logical reasoning. Analysis of panwen can perhaps reveal important connections between law and literature in the Chinese tradition, as well as how writers in the Tang thought, conceived of, and applied the law. Despite the immense scholarly potential in panwen, like the field of Chinese law and literature in general, it has received very little scholarly attention over the past two to three decades, with almost no work done in English. [read more...] 
Note | 1 Tsinghua China L. Rev. 62 (2009)
A Look at China’s Antidumping Policies and Practices
By R. Shane McNamara
This paper will explore what we do know about China and antidumping. It will also examine some aspects of the extent to which China has become compliant with WTO antidumping policies and procedures, and point out some often forgotten facts and factors that trade scholars and China scholars should keep in mind in their own examination of China‘s antidumping and other policies. [read more...] 
Note | 1 Tsinghua China L. Rev. 92 (2009)
A New Constitutional Order in Hong Kong: Managing Conflict Over the Interpretation of the Basic Law
By WANG Xuanwei
The Basic Law is not only the constitutional law of the Hong Kong Special Administrative Region (HKSAR), but it is also a national law of China. The bodies exercising the power of interpretation are therefore from both mainland China and HKSAR, and apply different regimes to interpret law. This paper aims to analyze the different mechanisms used to interpret law in mainland China and HKSAR, describe the disputes arising from the interpretation of the Basic Law in practice, and then put forward some proposals to improve the process of interpretation of the Basic Law. [read more...] 
Note | 1 Tsinghua China L. Rev. 139 (2009)
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