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Showing posts from November, 2017

The 19th Party Congress and Reforms of the State Supervision System

As the 19th Congress of the Chinese Communist Party has closed, more information is being released on the reforms of the state supervision system announced in Xi Jinping’s Work Report, and listed here.
The Work Report is an extremely important document, that will set the pace and path of change in the policy environment, and in the state apparatus. The reform of the state supervision system will be a process of notable breadth and complexity, to be understood and analyzed as a whole. A focus limited to single episodes within this process — such as the reform of administrative detention measures — does not really do justice to the reforms, and their significance for the policy environment as a whole, not to mention the evolution of theoretical concepts and principles.
Yet, many have been focussing on the announcement that supervision organs will replace shuanggui with a different measure — known as liuzhi, and attempting to understand how big this move really is, and what has led to it.
Ye…

UN Draft Guidelines on Human Rights and the Environment - Suggested Revisions

On October 10, 2017, Professor John Knox, the Special Rapporteur on Human Rights and the Environment released a newsletter where  comments on the Draft Guidelines on Human Rights and the Environment were solicited
I was honored to produce and submit a commentary together with Professor Larry Catà Backer, under the auspices of the Coalition for Peace and Ethics. The executive summary of a much longer commentary on the Draft Guidelines on Human Rights and the Environment, and a table of our suggested revisions to the Draft Guidelines are reproduced below.

Executive Summary
The Draft Guidelines on Human Rights and the Environment are based on articles 4, 5, and 7 of Resolution 31/8, and articles 5, 6, and 7 of Resolution 34/20 (Human Rights and the Environment). They summarize the basic human rights obligations of States on environmental matters.
The adoption of the Draft Guidelines on Human Rights and the Environment will provide an important opportunity to seek to advance the conceptio…

A Question From Douglas Elmauer

This post has been written in response to a question Douglas Elmauer (Escola de Direito de São Paulo, Brazil) asked following the Rountable on The Implications of the 19th Communist Party Congress.
To what extent does Chinese openness to the global capitalist market help in the process of democratization and in strengthening the "rule of law" that provides legal security for foreign investors and companies? Perhaps the progressive economic opening may one day irritate politics to the point of a constitutional rupture in the future.

Dear Douglas,
thanks for this very thought-provoking question. A conventional response would rely on either of three contrasting approaches to the free market as an agent of democratization:
A first approach would confirm this nexus, and then proceed to look for the most appropriate locus of irritation in China’s political system, in the hope a constitutional rupture may lead to democratization and to stronger guarantees for multinational corporations…

LIVESTREAM- Implications of the 19th Chinese Communist Party Congress — November 3, 2017–10:00 AM EDT

Join a group of scholars from the United States, Europe, and China on a roundtable on the implications of the 19th Chinese Communist Party Congress.




Date: November 3, 2017 Global Times: 10:00 AM EDT (New York)03:00 PM CET (Rome, Berlin, Stockholm)10:00 PM CST (Beijing, Shanghai, Hong Kong)Concept Note and List of Participants — English and Chinese Primary Sources on the 19th Congress of the Chinese Communist Party Access Link