This article examines the upcoming 1998 referendum on self-determination in New Caledonia through the larger contextual lens of French historical involvement in the territory. The article addresses the impact French colonization has had on Kanak culture, legal institutions, social organization and economic livelihood. The historical policies of the French government are canvassed by exploring the manner in which France manipulated the legal process and political institutions it created in New Caledonia to entrench colonial control. The article concludes that the process of decolonization is unlikely to be completed in the near future. Finally, the article discusses the potential consequences for France and the international community of French non-compliance with its international legal obligations.

AFFIRMATIVE ACTION, ETHNIC MINORITIES AND CHINA’S UNIVERSITIES, Barry Sautman

China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In contrast to claims made by some Western scholars of affirmative action, who assert that affirmative action is universally problematic, higher educational preferences for Chinese minorities have not led to a high rate of academic failure, nor to tensions between Han and minority students. While ethnic minority people would like to see affirmative action in Chinese higher education strengthened further, the system is now threatened by marketization.

Comments

THE THREAT OF OIL POLLUTION IN THE MALACCA STRAIT: ARGUING FOR A BROAD INTERPRETATION OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA, Craig J. Capon

The threat of oil pollution in the world's busiest waterway, the Malacca Strait, and the legal complications that surround it continues to be a controversial issue despite international law reforms. Recent accidents have demonstrated that current measures to prevent pollution are inadequate and that traditional methods of enforcement are ineffective. Unfortunately, there is a tension between international law of the sea provisions governing pollution control in the Malacca Strait, and the desires of bordering coastal States to regulate vessels trafficking the Strait so that accident risk is minimized. Moreover, there is tension between UNCLOS provisions prohibiting the assessment of fees to use international straits, such as the Malacca Strait, and coastal State desires to raise funds to pay for preventive pollution control mechanisms. This Comment argues in favor of a broad interpretation of UNCLOS provisions in order to allow effective Vessel Traffic Services enforcement and financing which could help reduce the risk of collisions.

INTERNATIONAL CULTURAL PROPERTY: ANOTHER TRAGEDY OF THE COMMONS, Claudia Caruthers

In-situ and intra-national preservation of cultural property is threatened by a highly remunerative international black market. Despite the existing nexus of both domestic and international laws drafted to halt illicit trafficking in cultural property, black markets, such as ones in Southeast Asian art and artifacts, are thriving. This Comment examines whether the existing web of laws and regulations serve, in fact, to foster, rather than discourage, the continuance and growth of the art black market. Likening the destruction of rare cultural resources to the destruction of scarce natural resources, this Comment uses Garrett Hardin's game theory tragedy of the commons scenario to illustrate the relational between art laws and the black market in cultural property. Finally, this Comment hypothesizes that the only workable solution may lie in declaring certain cultural property rights inalienable.

THE RIGHT TO A FAIR TRIAL IN CHINA, Daphne Huang

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insurmountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.

LOCAL PUBLIC EMPLOYMENT DISCRIMINATION AGAINST KOREAN PERMANENT RESIDENTS IN JAPAN: A U.S. PERSPECTIVE, James M. Kearney

Japanese government officials have recently indicated a willingness to relax restrictions that have prohibited Korean permanent residents of Japan from competing for local civil service jobs, though changes have not yet been forthcoming. The current bar on resident aliens has important symbolic and practical significance in a country widely criticized for its entrenched racism and for its lack of substantive civil rights law. This Comment traces the history and special circumstances of Koreans in Japan and argues that Koreans are already protected from most kinds of public employment discrimination by Article 22 (freedom to choose an occupation) and Article 14 (equal protection) of the Japanese Constitution. It also suggests a framework in which Japanese courts should consider claims in public employment discrimination cases, drawing on precedents and lessons from both Japanese and U.S. law.

LABOR RELATIONS AND THE LAW IN SOUTH KOREA, Laura Watson

This Comment looks at labor legislation's role in shaping the present state of labor relations in South Korea. A brief history of the government's symbiotic relationship with business serves as a backdrop for assessing the current laws. The laws have an employer bias accentuated by the broad administrative oversight government has over labor relations. More troublesome provisions of the laws are considered in detail. This Comment then turns to recent pro-labor changes in the laws but discusses why labor unions are unlikely to achieve full equality in labor relations at this juncture. In conclusion, this Comment makes suggestions for change based on the premise that labor negotiations should be conducted by the parties on an equal footing.