Recent Abstracts and Article Links

The complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal is available in the Marian Gould Gallagher Law Library digital archives.

Volume 21  |  Issue 3  |  June 2012

INTRODUCTION: THE FUKUSHIMA DAI-ICHI NUCLEAR DISASTER AND THE FUTURE OF NUCLEAR ENERGY PROGRAMS IN JAPAN AND EAST ASIA

Hiroshi Fukurai
21 Pac. Rim L. & Pol'y J. 427

abstract   full article


CORPORATE LIABILITY, GOVERNMENT LIABILITY, AND THE FUKUSHIMA NUCLEAR DISASTER

Eri Osaka
21 Pac. Rim L. & Pol'y J. 433

abstract   full article


WILL CHINA'S 12TH FIVE YEAR PLAN ALLOW FOR SUFFICIENT NUCLEAR POWER TO SUPPORT IT BOOMING ECONOMY IN THE NEXT TWENTY YEARS?

Patricia Blazey
21 Pac. Rim L. & Pol'y J. 461

abstract   full article


ALTERNATIVE DISPUTE RESOLUTION DESIGN IN FINANCIAL MARKETS--SOME MORE EQUAL THAN OTHERS: HONG KONG'S PROPOSED FINANCIAL DISPUTE RESOLUTION CENTER INT EH CONTEXT OF THE EXPERIENCE IN THE UNITED KINGDOM, UNITED STATES, AUSTRALIA, AND SINGAPORE

Shahla F. Ali & Antonio Da Roza
21 Pac. Rim L. & Pol'y J. 485

abstract   full article


AN EARLY TRAGEDY OF COMPARATIVE CONSTITUTIONALISM: FRANK GOODNOW AND THE CHINESE REPUBLIC 

Jedidiah Kroncke
21 Pac. Rim L. & Pol'y J. 533

abstract   full article


THE INHERITANCE OF INEQUALITY: HUKOU AND RELATED BARRIERS TO COMPULSORY EDUCATION FOR CHINA'S MIGRANT CHILDREN

Jessica L. Montgomery
21 Pac. Rim L. & Pol'y J. 591

abstract   full article


FINDING A COUNTRY TO CALL HOME: A FRAMEWORK FOR EVALUATING LEGISLATION TO REDUCE STATELESSNESS IN SOUTHEAST ASIA

Alec Paxton
21 Pac. Rim L. & Pol'y J. 624

abstract   full article


GENDER-SPECIFIC PRISON REFORM: ADDRESSING HUMAN RIGHTS VIOLATIONS AGAINST WOMEN IN RUSSIA'S PRISONS

Courtney M. Skiles
21 Pac. Rim L. & Pol'y J. 655

abstract   full article


Volume 21  |  Issue 2  |  March 2012

THE BRAVE NEW WORLD OF LAWYERS IN JAPAN REVISITED: PROCEEDINGS OF A PANEL DISCUSSION ON THE JAPANESE LEGAL PROFESSION AFTER THE 2008 FINANCIAL CRISIS AND THE 2011 TŌHOKU EARTHQUAKE

Bruce E. Aronson
21 Pac. Rim L. & Pol'y J. 255

abstract   full article


A BATTLE BETWEEN LAW AND SOCIETY IN MICRONESIA: AN EXAMPLE OF ORIGINALISM GONE AWRY

Brian Z. Tamanaha
21 Pac. Rim L. & Pol'y J. 295

abstract   full article


WHY LAND TENURE REFORM IS THE KEY TO POLITICAL STABILITY IN TONGA

Kersti Harter Kennedy
21 Pac. Rim L. & Pol'y J. 327

abstract   full article


SEPARATION OF RELIGION AND STATE IN JAPAN: A PRAGMATIC INTERPRETATION OF ARTICLES 20 AND 89 OF THE JAPANESE CONSTITUTION

Andrew B. Van Winkle
21 Pac. Rim L. & Pol'y J. 363

abstract   full article


MALAYSIA’S WORLD TRADE ORGANIZATION CHALLENGE TO THE EUROPEAN UNION’S RENEWABLE ENERGY DIRECTIVE: AN ECONOMIC ANALYSIS

Michael W. Meredith
21 Pac. Rim L. & Pol'y J. 399

Recent negotiations between Malaysia and the European Union (“EU”), aimed at establishing a free trade agreement, have come to a standstill, due in part to a policy implemented by the EU known as the Renewable Energy Directive. The Renewable Energy Directive grants a tax credit to renewable fuel sources that emit at least 35% less greenhouse gas than traditional fossil fuels. Malaysian officials have criticized the 35% level included in the EU policy because it grants a tax credit to rapeseed oil biofuel, produced mainly in Europe (which emits 38% less greenhouse gas than traditional fossil fuels), but does not extend the credit to imported Malaysian palm oil biofuel (which emits about 19% less greenhouse gas than traditional fossil fuels). Malaysia asserts that the 35% standard is arbitrary and uses environmental policy to achieve unrelated protectionist ends at the expense of Malaysian producers. Malaysian officials have even gone so far as to threaten a lawsuit against the EU at the World Trade Organization (“WTO”), arguing that the policy’s differential treatment of rapeseed oil biofuel and palm oil biofuel violates the WTO’s policy of non-discrimination. The WTO policy of non-discrimination stands for the proposition that like products should not be taxed or sanctioned differently simply due to their nation of origin. Traditionally, to determine if two products are alike within the meaning of the non-discrimination principle, the WTO compares the physical characteristics of the products in question as well as their end use in the consumer market. Because both EU- and Malaysianproduced biofuels are used for the same purpose and look almost identical, many commentators have suggested that the two products should be considered alike and that a Malaysian suit challenging their differential taxation under the EU Renewable Energy Directive would be successful. Malaysia’s proposed suit, however, raises a number of questions for the international trading arena that cannot effectively be addressed by traditional methods of determining likeness. Therefore, this comment suggests that the WTO should use this opportunity to adopt an economic, market-based approach to its likeness determinations, which would not only more completely and correctly address the relationship between Malaysian and EU-made products, but also indicate that Malaysia’s proposed suit should fail.

full article


Volume 21  |  Issue 1  |  January 2012

WHY STUDY ISLAMIC LEGAL PROFESSIONALS?

Clark B. Lombardi & R. Michael Feener
21 Pac. Rim L. & Pol'y J. 1

abstract   full article


THE ISLAMIC LEGAL SYSTEM IN INDONESIA

Mark E. Cammack & R. Michael Feener
21 Pac. Rim L. & Pol'y J. 13

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC JUDGES IN INDONESIA

Euis Nurlaelawati & Abdurrahman Rahim
21 Pac. Rim L. & Pol'y J. 43

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC LAWYERS IN INDONESIA

Ratno Lukito
21 Pac. Rim L. & Pol'y J. 65

abstract   full article


THE ISLAMIC LEGAL SYSTEM IN MALAYSIA

Farid S. Shuaib
21 Pac. Rim L. & Pol'y J. 85

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC JUDGES IN MALAYSIA

Najibah M. Zin
21 Pac. Rim L. & Pol'y J. 115

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC LAWYERS IN THE FEDERAL TERRITORIES OF MALAYSIA

Amanda Whiting
21 Pac. Rim L. & Pol'y J. 133

abstract   full article


THE ISLAMIC LEGAL SYSTEM IN SINGAPORE

Ahmad Nizam bin Abbas
21 Pac. Rim L. & Pol'y J. 163

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC JUDGES IN SINGAPORE

Muhammad Haniff Hassan & Sharifah Thuraiya Su‛ad Ahmad Alhabshi
21 Pac. Rim L. & Pol'y J. 189

abstract   full article


THE TRAINING, APPOINTMENT, AND SUPERVISION OF ISLAMIC LAWYERS IN SINGAPORE

Nik Hasyila Bte Nik Ibrahim
21 Pac. Rim L. & Pol'y J. 215

abstract   full article


SOURCES OF LAW, SOURCES OF AUTHORITY: THE FAILURE OF THE PHILIPPINES’ CODE OF MUSLIM PERSONAL LAWS

Gregory M. Chiarella
21 Pac. Rim L. & Pol'y J. 223

abstract   full article


Digital archive link

Visit the Marian Gould Gallagher Law Library digital archives. for the complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal

Recent Journal Volumes (past 5 years)