Tag Archive for ‘China’

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

Will China Recognize Same-Sex Marriage? Take a Look at China’s One-Child Policy

By Howell Ma.

The legalization of gay marriage is being argued in China right now. It is has been discussed in the society for years, especially after the United States (“U.S.”) Supreme Court Obergefell ruling came out in 2015. Constantly, there are discussions regarding why it is so difficult for the People’s Republic of China (“PRC”) to recognize same-sex marriage while ancient China had relatively more tolerant policies towards same-sex relationships. This article argues the greatest challenge is not the constitutional grounds, but rather social hurdles: traditional Confucian culture, the government’s ignorance of the existence of lesbian, gay, bisexual and transgender (“LGBT”) people in China, and the general mass social views of homosexuality and same-sex marriage in China. […]

Environmental Public Interest Litigation (EPIL) in China – Background and Overview

Environmental Public Interest Litigation (EPIL) in China – Background and Overview

By Yu Zhuang.

Environmental Public Interest Litigation (EPIL) in China permits qualified environmental non-governmental organizations (NGOs) to file litigation to protect the public interest in safeguarding the environment and natural resources from pollution and ecological destruction. It took China almost ten years to establish the EPIL scheme in law and may take several more years to fine-tune the EPIL system through practices. […]

Language Challenges in the South China Sea Dispute

Language Challenges in the South China Sea Dispute

By Huanxin Luo.

Due to the number of claimants and the complexity of claims, the South China Sea dispute is deemed as the “mother of all territorial disputes”. In 2013, the Philippines unilaterally filed an arbitration case, requesting the tribunal to adjudge her disputes with China concerning the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines’ submissions were detailed about the legitimacy of China’s historic rights claim based on the “nine-dash line”; the status and maritime entitlements of relevant features in the Nanshan Islands. On July 12, 2016, the tribunal rendered its final award, which mostly backed the Philippines’ position. Immediately, the Chinese government reaffirmed her objection, insisting the award is null and void for the tribunal does not have jurisdiction over any of the claims made by the Philippines. […]