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15 APLPJ i (2013-2014)

handle is hein.journals/aplpj15 and id is 1 raw text is: Editor's Note

The editors of the Asian-Pacific Law & Policy Journal are proud to
present our Fall 2013 issue (Volume 15, Issue 1). In this issue we are
proud to present four articles centering on developing legal norms in
China and South East Asia.
Georgetown's Eric San Juan provides us with an incisive
conceptual analysis of law in the post-Spanish-American War Philippines
in his article Cultural Jurisprudence. San Juan produces a theory of
cultural jurisprudence that reveals new and subtle ways in which the court
system acted as a means of establishing American governance by
reinterpreting the local norms. Analyzing Philippine case law as a
cultural artifact, San Juan develops a theory of legal interpretation and
jurisprudence that problematizes the neutrality of legal discourse, and
forecasts other arenas in which his theory may prove illuminating.
Next, we present Heather Whitney's survey of Vietnamese
environment and water regulatory law in her article Vietnam: Water
Pollution and Mining in an Emerging Economy. Whitney provides an
overview of environmental regulation in Vietnam as it relates to its
booming mining industry and the severe levels of water pollution that
have accompanied it since the initiation of Vietnam's Doi Moi policy. She
identifies gaps in Vietnam's water protection regime and provides
recommendations for updating both the system of legal protections, and
judicial and administrative enforcement mechanisms.
National Taiwan University's Ching-Ping Shao's Representative
Litigations in Corporate and Securities Laws by Government-Sanctioned
Nonprofit Organizations: Lessons from Taiwan introduces us to Taiwan's
innovative solution to securities litigation hurdles in civil law countries.
In many civil law countries, fee structures and the burdens of litigation
present obstacles preventing many investors from pursing legal action
against corporations, resulting in a lack of robust securities regulation
enforcement.  Shao details Taiwan's introduction of a government-
sanctioned non-profit organization to bear the burdens of pursing
derivative and shareholder class action lawsuits, thereby encouraging
investor litigation and increasing overall securities enforcement.
Finally, we are proud to present The Emergence of Private
Property Law in China and Its Impact on Human Rights by Mark D.
Kielsgard and Lei Chen, both of the City University of Hong Kong.
Kielsgard and Chen take a critical look at China's progress in
implementing international human rights norms. In particular, they focus
upon the impact the introduction of private property rights, such as

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