The dispute of married out women has become an important modernisation problem since the 1990s as the result of urbanisation and industrialisation. It concerns social stability at grassroots that may affect the ruling base. While the Chinese government is constantly striving to solve it, it also shows how deficient the protection of women’s property rights is that it causes so many controversies. Currently, the cultural explanation that simply attributes the phenomenon to traditional patriarchal culture is popular among scholars and widely accepted, which is, however, proved to be misleading. This article attempts to break this stereotype and points out that this trouble is not directly related to Chinese traditional culture. Rather, it is caused by the majority’s tyranny under the current villager self-government and collective property rights. This article also attempts to find possible solutions, requiring improving the rural self-government system and clearly defining the boundaries of collective property rights by law.

How do academics interested in the study of legal topics that implicate the state relate to and deal with pressures that shape the space available to conduct research? This article examines the nature and impact of such pressures on Asia-focused public law scholars who must contend with a more diverse socio-political environment than the liberal democratic setting in which questions of academic freedom are typically explored. We find that the Asia-centric academy is affected by a wide range of constraints that notably extends beyond intra-institutional demands to those put in place by the state. This article also highlights how the scholarly agenda as set in and by the Global North may reduce the room for Asia-centric research to engage in theory-building and concept formation and explores how Asia-centric scholars can assert agency in the face of pressures. We conclude by emphasising the need for greater self-reflectivity within the legal academy.

This inaugural presidential address of the Asian Law and Society Association features three recently published monographs to draw attention to research by the next generation of scholars and to show how they contribute to the field. Although the three books differ in terms of focus, methods, and findings, they share a hallmark of law and society, that is, they investigate practices, beliefs, and objects that are often taken for granted. At the same time, the three studies arrive at dissimilar conclusions about law, which reflects another unifying hallmark of law and society—its diversity. Together, the inconsistent findings expose the many profiles of law and demonstrate its fascinating nature. They remind us that we do not yet know the intricacies of law, and we need all kinds of law and society scholarships—on Asian societies and elsewhere—to continue advancing the field.

Businesses from the Middle East and North Africa (MENA) aiming for a global reach must navigate through different levels of rule of law—with different degrees of strength—to access foreign markets. The rule of law is essential from a business perspective as it reduces the costs of transactions on the global market. However, the paper aims to demonstrate that there are transaction costs due to the frictions between the rules of law in the multilevel system, which the MENA business must take into consideration in its search for contract partners and new markets. The focus is on the overall rule of law components of the World Trade Organization, the European Neighbourhood Policies, and the Chinese Belt and Road Initiative and their interaction.

Within Chinese legal studies, the construction of a distinctly Chinese knowledge system emphasising “Chinese subjective consciousness” (中国主体意识) has become a new important agenda. This introductory article responds to this methodological turn and growing interest in a broader intellectual history of Chinese law. Until recently, traditional Western scholarship on Chinese legal history has largely focused on written legal documents, not on their underlying processes of knowledge production. While Chinese scholars acknowledge the significance of (cultural) translation of foreign legal knowledge, the entanglements of Chinese and Western legal genealogies within a knowledge-historical framework remains underexplored. This article introduces a knowledge-historical approach to study Chinese legal history by narrating the history of administrative law through the lens of local knowledge production through cultural translation. It reveals compelling stories of local actors, who engaged with new knowledge of administrative law in multiple processes and layers of knowledge production from the late Qing dynasty to the late 1980s.

The Belt and Road Initiative (BRI) has advanced in various regions. While analyses have predominantly focused on its political and economic impacts, its legal aspects received less attention. This article explores whether the Chinese legal model implemented via the initiative represents a novel approach to international law-making. The focus is on its application in the Middle East and North Africa, where a set of primary mechanisms are utilised: soft law instruments that establish a theoretical and practical framework for collaboration. The author provides a comparative analysis of the European Union (EU) and United States (US) legal models, considering the overall pros and cons of Beijing’s strategy. The article concludes that while these mechanisms represent a pragmatic governance model relying on flexible rules, they are not a novel approach. The US and the EU have employed such soft law instruments, under which binding agreements were established to ensure formal commitments.

This paper engages in a comprehensive analysis of the historical processes leading to the destruction of the Original Nations of Belarus and Latvia. The research is structured in three sections, with the first outlining the tribal roots common to both Latvian and Belarusian nations, serving as a foundation for subsequent analyses. The second section constitutes the core of the research, employing an Original Nation approach to dissect the impact of historic occupations in the five key waves—religious conversion, invasions of the Mongol-Tatar Yoke that led to administrative integration into states, a language push under the Russian Empire, identity erasure during Sovietization, and lastly, the restoration of independence in both countries. The last section surveys the modern states of Belarus and Latvia, emphasising their endeavours to revive their Original Nations, as both nations share the burden of recovering lost national elements, resisting cultural repression, and building a robust national identity.

The Belt and Road Initiative (BRI) is a Chinese infrastructure and investment project launched in 2013 that seeks to link China with over 70 countries through transport, communication, and trading networks. The BRI consists of building and construction projects including railways, ports, roads, and other vital trade infrastructure. Importantly, the BRI also includes the establishment of a new “Digital Silk Road” (DSR) enhancing digital connectivity using the latest 5G high bandwidth, low latency mobile and satellite technology. In 2019, several Western states (notably USA, Australia, Canada, and the UK) banned Chinese telecommunications technology companies, such as Huawei, from rolling out 5G networks in their respective jurisdictions. The purported basis for the bans were security concerns over the ability of the Chinese government to control and potentially intercept communications over the Huawei systems. In the MENA region, no such bans have been adopted and the DSR is proceeding to connect MENA economies to China at a rapid pace. This places MENA countries in a precarious position between strategic links with the US as the global hegemon with a strategic interest in the region, and the emerging Chinese global political and economic order. The regulation of digital communication technologies is one dimension where legal frameworks must be designed with care and discernment to balance competing geopolitical forces. This article seeks to answer the question of how best to understand the legal regulation of new technologies in the MENA region and argues that the conceptual lens of “Tech-diplomacy” helps to provide such an understanding. In addition to privacy-centric, security-centric, and growth-centric philosophical and jurisprudential approaches to understanding data regulation, the predicament of the MENA region is a case study in how geopolitics can also inform our understanding of tech regulation.

This paper explores the reasons that divorce petitions by trafficked women in China were denied in courts in the wake of the chained woman incident. The author collected and examined divorce verdicts involving trafficked women from China Judgements Online. Among 100 unique cases, 87 were denied in their first attempts. Most of these cases were treated in the same way as regular divorce cases, with trafficking allegations either blatantly ignored or dismissed as irrelevant. The author argues that the systematic denials and ignoring of trafficking allegations is enabled by a hegemonic legal consciousness within the Circuit of Trafficking that includes not only parties directly engaged in trafficking activities, but also state actors such as the judges and legislators who prioritise “family” preservation and social stability over the rights and well-being of trafficked women. Without addressing and changing this hegemonic legal consciousness, any reform, if it should take place, would be rendered futile in practice.

Sino-Arab Free Trade Agreements (FTAs) have remained elusive over two decades of increasing economic relations and trade negotiations. Nevertheless, substantial investments and trade demonstrate the Arab region’s strategic importance to China. Recent strategic drivers of China’s engagement with the Middle East have evolved from an original energy security focus, to more recently integrating technological investments into partnerships, such as artificial intelligence and renewable energy infrastructure—complicating progress towards an FTA. Such measures can help progress achievement of the Sustainable Development Goals and offer economic development opportunities, but negotiations may be hindered by concerns ranging from technological dependency to trade competition. Examining opportunities and challenges in the developing China–Arab relations, the article explores legal and policy obstacles and opportunities towards securing an FTA. With a focus on recent developments in AI and sustainability partnerships, the article analyses legal strategies and international law best practices for a model FTA for Arab countries.