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International Law

China Hearsay

Commentary and analysis of law and business in China.
By Stan Abrams

Post Frequency: 8.4/day

Last Entry: May 03, 2010 at 11:04:24

Microsoft: the Latest China Labor Villain

Posted on April 20, 2010
Yes, the most recent bad guys in the China labor wars are the folks from Microsoft. The details are still a bit fuzzy, but here are some of the basics: Two Chinese factories that supply goods to Microsoft and other global companies have been cited by government officials for violating local labor laws, including failing to [...

Restructuring of China?s Book Publishing Industry: No News Here for Foreign Investors

Posted on March 09, 2010
Perhaps a poor choice of headlines from the Financial Times on this book publishing story. “China to Loosen Control of Book Publishing,” at least to me, suggests that the State might start allowing in foreign investors. Bad assumption on my part...

Lubman on China Judicial Reform and the Problem of Public Pressure

Posted on March 09, 2010
Stanley Lubman’s latest China law article on judicial reform is as usual a must-read for the China law set, not to mention business types who need to be aware of legal trends here. The article covers not only specific influences on judicial activity (e...

China?s Recent Graduate Unemployment Problem

Posted on March 08, 2010
How ya gonna keep ‘em down on the farm once they seen Karl Hungus. –The Dude, The Big Lebowski The New York Times just published a discussion on unemployment among recent college grads, asking a variety of experts what their take on the subject was and what some of the causes might be...

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Avatar Copyright Dispute Fun and Games

Posted on March 07, 2010
Pandoran Concerned About Protection of Indigenous Innovation First off, this lawsuit threat is kind of a joke, so if you’re looking for a substantive post on China IPR issues, best to go elsewhere (just for today – please come back another time)...

Anti-Monopoly Law: New Guidance for China?s State Sector

Posted on March 06, 2010
One of the big questions hanging out there since the adoption of the Anti-monopoly Law (AML) a couple years ago has been the treatment of State-owned Enterprises (SOEs) and the regulation of the State sector. One of the pillars of competition law is to promote fair competition, and monopolies and monopolistic conduct often runs counter [...

Bullet to the Back of the Head Out, Community Corrections In

Posted on March 06, 2010
This year . . . a total of 180,000 convicts spent Lantern Festival, which fell last Sunday, at home rather than in jail, thanks to the community correction program. China started to trial run the program in 2003 in Beijing and Shanghai, then extended it to 27 provinces...

Asian Foreign Relations Model? I Don?t Think So

Posted on March 05, 2010
I find this article mildly annoying: Is there an “Asian way” to resolving global challenges? The conventional answer is no. But elements of an Asian way are gradually emerging. Given Asia’s growing influence, the world should pay attention ? and may have much to gain...

China Rule of Law: the Latest From Jerome Cohen

Posted on March 04, 2010
China law guru extraordinaire Jerome Cohen’s latest on China and the Rule of Law is a slight departure from the usual. He goes off on a rather unexpected tangent to discuss the latest scandal with the Governor of New York (Paterson, not Spitzer)...

Toyota Losing the China Messaging War on Recalls

Posted on March 04, 2010
It was bad enough when Akio Toyoda, in response to a question about differing quality standards on cars sold in China as opposed to those sold in the U.S. or Japan, used a bizarre and inappropriate analogy to a popular tofu dish. The question really should have been addressed head on, since it seems that [...

Google, China & the WTO: Financial Times Brings the Stupid

Posted on March 03, 2010
At Tuesday’s Senate hearing on Internet censorship, someone in the press asked Google VP and Deputy General Counsel Nicole Wong about an action against the Chinese government at the World Trade Organization. Well, the press (again) has taken the bait and is talking about the possibility...

Another Shameless Plug for My Latest Post on China/Divide

Posted on March 03, 2010
New article is on the “China Model” debate, using U.S. and China policies on limits to executive pay as a way to talk about the relative merits of authoritarian rule. It’s long and convoluted, but since it took me a long time to write, go read it...

Google PRC Hackers: Who They Are Depends On Who You Ask

Posted on March 03, 2010
Latest news goes against conventional wisdom: The computer attack which led Google to threaten leaving China and created a firestorm between Washington and Beijing appears to have been deployed by amateurs, according to an analysis by a U.S. technology firm...

U.S. Congress Plays Up ?China As Scary Banker? Story

Posted on March 03, 2010
Silly political theater, but worth a mention. Details from Asia Times: The United States-China Congressional Committee focused last week on a nagging question that refuses to go away: does it matter if China is America’s bank? Or, said differently, what are the implications for American geopolitics given China’s enormous holdings of US Treasurys? These [...

Toyota Chief Compares His Cars to Limp Bean Curd

Posted on March 02, 2010
I’m not sure this was such a good analogy for Akio Toyoda to use while on his apology tour to Beijing: CCTV reporter Rui Chenggang asked him during the one-on-one, ?There is a saying the best cars made by Japanese companies are sold in Japan, the second-rate ones are sold to the U...

China IP Infringement: Thinking About Settling That Case?

Posted on March 02, 2010
Judges in China have been under a lot of pressure to push parties into settling cases. Some of this has to do with pronouncement from on high that mediation and settlement is preferable over litigation in a “Harmonious Society.” Many foreign litigants have come across this problem, particularly when the settlement appears to favor the other, [...

Nationalism and Other Ways to Rot Your Brain

Posted on March 02, 2010
Yeah, I still have last night’s “Red Scare in Southern California” post in my mind. Crazy bastards. Hint: the following post does not contain a single original thought or concept but is a rant. If you are looking for something meatier and more thought-provoking, try this out instead (it’s about pornography, so you’ll have that [...

Americans Think Confucius Was A Communist

Posted on March 01, 2010
At first glance, after reading this story in Xinhua, I thought this was a joke. While I firmly believe that my own study of the Chinese language will eventually lead to premature sinility and/or a variety of nervous disorders, I never suspected it could be this insidious...

China?s Hukou System Under Fire

Posted on March 01, 2010
Jamil Anderlini at the FT discusses a significant challenge to the hukou system: A group of 13 Chinese newspapers from across the country carried an identical front-page editorial on Monday calling for the abolition of China?s household registration hukou system in a highly unusual co-ordinated critique of government policy...

George Will Loves Him Some China Bogeyman

Posted on February 04, 2010
As usual, Washington Post columnist George Will strings together a bunch of statistics in his latest column, hoping that no one will notice that he fails to connect the dots. It’s like a cryptographic puzzle — take these 47 numbers and try to figure out what their relationship is to one another...

Elizabeth Economy Tells Everyone To Calm Down About U.S.-China Relationship. She?s Right.

Posted on February 04, 2010
Everyone is in a tizzy over the supposed downturn in U.S.-China relations. (See here, here, and here.) The rhetoric is heating up on both sides, and new issues of contention appear to pop up daily. [ . . . ] Frankly, the potential for a full-blown deterioration in relations between our [...

WTF Is Arlen Specter?s Problem With China?

Posted on February 04, 2010
President Obama went to a Q&A session with Senate Democrats yesterday (these are folks is his own political party). The very first question for the President was on China policy, asked by the senior Senator from Pennsylvania, Arlen Specter. I have a two-part question, and just a brief statement of the issue...

Good News on the China Econ Rebalancing Effort

Posted on February 03, 2010
The increase in inequality in China has leveled off in recent years and could be less severe than previously thought, the Organization for Economic Cooperation and Development says, suggesting that Beijing is starting to make progress in tackling one of its biggest social problems...

Speaking Through an Interpreter: Try to Avoid Lawyers

Posted on February 03, 2010
Dan at CLB just posted on this subject with his experience dealing with Chinese, Russian and German interpreters. I can only speak to Chinese, but it is an issue I’ve dealt with personally, and through clients, for over ten years now. If an interpreter is really good, he/she fades into the background...

Tainted Milk Crackdown. This Looks Promising

Posted on February 03, 2010
Further to my somewhat hyperbolic post yesterday on the tainted milk that has recently been “creeping back” into the market and the government’s belated enforcement efforts: Three people have been arrested in China in a fresh crackdown on melamine-tainted milk products, police said Wednesday...

The Continuing War on Google

Posted on February 03, 2010
This time it’s a weird tie-in with Google’s dispute with the China Writers’ Association over Google’s online book project: Chinese intellectual property rights (IPR)�authorities said on Wednesday that information transmission on the Internet should be prevented if it is found to be violating China’s IPR regulations, especially copyright, referring to the Google issues [...

Off to See Avatar, Finally

Posted on February 02, 2010
I wanted perfect (dead center, 8th row) seats, so we’re going to a Wednesday showing of one of the 3D IMAX screenings at 10:00 am. I have a one-hour subway ride and a 15-minute walk ahead of me. Let’s hope it’s worth it. I’ve already heard that the story itself is kinda lame, derivative, and preachy, [...

Got Milk? If You?re In China, Better Hope Not

Posted on February 02, 2010
That’s the thing about government regulation, it’s not a one-off deal but a constant struggle against assholes in the private sector taking liberties with their customers to make a buck. It’s Revenge of the Milk: China has launched a 10-day emergency crackdown on tainted milk products after several were found creeping back onto the market despite [...

iPad Design Dispute and the Unintended Consequences of an Innovation Society

Posted on February 01, 2010
Since Apple’s iPad debut last week, we’ve already had news of one potential IP lawsuit brought by a Chinese manufacturer. Shanghaiist was on the scene a few days ago, reporting that Shenzhen Great Long Brother Industrial Company (yes, that’s their name, stop snickering) was pissed off that its P88 resembled the iPad and that it [...

Did Someone Sanction A Media Hit On Google?

Posted on February 01, 2010
Something tells me it’s huntin’ season, and the game of the day is Google. I was perusing China Daily today, as I am fond of doing, and became caught up in an article about foreign companies and Chinese branding. This issue is an old standard in trademark circles as well as the general foreign investment [...

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