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.

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.

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 article analyses the paradoxical relationship between the relative decline and resurgence of national sovereignty in the context of economic and informational globalisation, the rise of mega-platforms, the sovereign individuals hidden within blockchains, and large model behemoths free from the feature design of programming. It highlights how the decline of sovereignty has given rise to concepts such as “the digital sovereignty” in Europe and “the sovereign blockchain” in China, while the resurgence of sovereignty has led to theories like the “surveillance society” in North America and the “electronic forbidding leave” metaphor in China. In any case, with the AI-driven era, “the Algorithmic Leviathan” is becoming an extremely powerful dominating force that countries and laws must confront. To prevent its runaway abuse, it is necessary to consolidate a basic consensus through global digital compacts and institutionalise it through legal and technical due process—this is the essence of the digital rule of law.

Law enforcement institutions in India are undergoing fundamental media technological transformations, integrating digital media technologies into crime investigation, documentation, and presentation methods. This article seeks to understand these transformations by examining the curious case of 65-B certificates, a mandatory paper document that gatekeeps and governs the life of new media objects as evidence in the Indian legal system. In exploring the tensions that arise when bureaucratic institutions change their means of information production, the article reflects on the continued stubborn presence of paper at this transformative juncture in the life of legal institutions. By studying the role of paper in bureaucratic practices, analyzing jurisprudential debates and case law surrounding 65-B certificates, and thinking through some scattered ethnographic encounters around these certificates involving police officers, forensic scientists, and practicing lawyers, this article argues that despite ongoing digital transformations, law essentially remains a technology of paper.

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.

This article explores Vietnam’s distinctive approach to data privacy regulation and its implications for the established understandings of privacy law. While global data privacy regulations are premised on individual freedom and integrity of information flows, the recent Vietnamese Decree 13/2023/NĐ-CP on Personal Data Protection (herein PDPD) prioritise state oversight and centralised control over information flows to safeguard collective interests and cyberspace security. The fresh regulatory logic puts data privacy under the regulation of government agencies and moves the privacy law arena even further away from the already distant judicial power. This prompts an exploration of the nuances underlying the ways regulators and the regulated communities understand data privacy regulation. The article draws on social constructionist accounts of regulation and discourse analysis to explore the epistemic interaction between regulators and those subject to regulation during the PDPD’s drafting period. The process is highlighted by the dynamics between actors within a complex semantic network established by the state’s policy initiatives, where tacit assumptions and normative beliefs direct the way actors in various communities favour one type of thinking about data privacy regulation over another. The findings suggest that reforms to privacy laws may not result in “more privacy” to individuals and that divergences in global privacy regulation may not be easily explained by drawing merely from cultural and institutional variances.

The current unilateral and bilateral governance agreement cannot solve problems such as the large strength gap, loose organisation, and cultural diversity in cross-border data flow in Asia. Therefore, we are in urgent need of structuring a multilateral governance mechanism, that is, to build a mutual trust platform for cross-border data flow in Asia. From a digital technology perspective, the Asian Cross-Border Data Flow Trust Platform is a blockchain-based digital technology architecture. From the perspective of the organisational model, the Asian cross-border data flow governance based on the mutual trust platform can be understood as a cooperative network in which multiple Asian countries cooperate to make cross-border data decisions. As a necessary medium to eliminate the complexity of the cooperation network, legal procedures will transform the chaos on the Asian Cross-Border Data Flow Mutual Trust Platform into order by simplifying the communication between multiple agents.

Social-creative metaverses, which foster user creativity and encourage user-generated content, promise a revolution in digital creativity. However, metaverse developers often enforce strict regulations on user-generated content through user terms and conditions, restricting or permitting its reuse. These rules place an artificial barrier between users and their copyright, often waiving moral rights and making economic rights subject to mandatory licences. Using Second Life as a case study, this article demonstrates how metaverse regulations undermine users’ intellectual property rights and control over their creations. Furthermore, it examines emerging intellectual property policies in Japan, South Korea, and China, noting a lack of awareness regarding the impact of these regulatory layers on user creativity. Highlighting the importance of the external regulation of user terms and conditions, the article proposes potential policies and strategies for East Asia and beyond to protect users’ copyright ownership and mitigate the negative effects of restrictive metaverse terms and conditions.

Concentrated corporate power and failures to manage the distribution of risk mean that workers bear the heaviest burden in globalised apparel supply chains. Law and associated normative frameworks seek to strengthen collective worker voice and other worker rights to tip the scales of unequal bargaining power to benefit the workers. However, some of the traditional tools of labour law such as unionising and collective bargaining have weakened over the years and exacerbated during the COVID-19 pandemic. Using a conceptual framework based on regulatory theory, feminist insights, and semi-autonomous social fields, this article examines the law-practice gap for regulating just wages within the apparel supply chain, responses, and how workers fight wage theft and carve out pathways to demand just wage standards. Drawing from the case of Sri Lanka, the article discusses how alternative forms of worker voice seek to fill in the implementation gaps. The findings of this study demonstrate worker initiatives to shape the regulation of just wages and how networked labour activism, especially by women workers, prompts to re-imagine structures of actor accountability on wage rights.

The omnipresence of change has been singled out as posing an important challenge to law, both in theory and in practice, throughout its history. Arguably, the most efficient method of adapting the law to constant changes is legal education. Recent changes in the global arena have added to the complexity of the expected role of future legal talents, requiring them to acquire not only a profound knowledge of local and global laws but also a variety of legal as well as non-legal skills. This article presents some of the principal challenges faced by law schools and legal education in the world of today. These challenges are then explored using the example of a new Bachelor of Laws (LL.B.) degree programme in Chinese Law and Global Legal Studies in the English Language that will be offered by the Faculty of Law of the University of Macau in Macao, China.

This article examines China’s first women’s prison in the context of diplomatic disputes, legal reforms, and gender order at the turn of the twentieth century. It shows that the custody of female offenders in the Shanghai International Settlement became a battleground in which the interests and perceptions of late imperial China and the Western authorities clashed. Under pressure from the Western authorities, the first Chinese women’s prison was established in 1907, even prior to the formal introduction of custodial sentences into China’s criminal code. Notably, the Chinese officials did not embrace prison as a more benevolent punitive institution; rather, they saw it more as a tool to consolidate its judicial sovereignty and preserve gender norms. For Chinese women, the prison, functioning as a re-cloistered feminine space, further entrenched the confinement of their bodies, thereby perpetuating rather than changing orthodox values of female chastity. This article questions the universal modernity of European penalties by pointing out that the introduction of imprisonment as a supposedly more civilized and humane form of punishment may have placed Chinese women at a greater disadvantage.

Prosecutors in adversarial systems are simultaneously expected to be impartial ministers of justice and partisan advocates. Leaving this tension unaddressed can result in poor-quality prosecutorial decision-making. This article develops a novel “dynamic” framework for prosecutors to navigate between and prioritize these competing considerations, which can be used to understand, evaluate, and improve prosecutorial performance. Under this framework, the prioritization should depend on which function the prosecutor is exercising at any given time. The article then deploys primary data collected in Delhi, through court observation and interviews with judges, lawyers, victims, and victim-support persons, to exemplify and justify the framework.

The consumption of shaojiu or distilled liquor played a significant role in Qing legal culture and contributed to a rise in alcohol-related crimes. Qing officials’ attitudes towards intoxication not only influenced their judgments on many cases, but also reflected important trends of popular beliefs, notions, and practices that constituted shared knowledge and feelings between ordinary people and judges. This paper examines the transformation of Qing judicial practices and concerns regarding alcohol intoxication and crimes, arguing that specific cultural value and ideas that underpinned the public configuration of drinking behaviour during the Qing period contributed to a social pathology around intoxication. Due to the lack of a consistent interpretation of the effects of alcohol on the mind, early Qing officials tended to be lenient towards intoxicated offenders. However, mid-Qing law-makers and rulers recognized the serious administrative concerns associated with heavy drinking and began to conceptualize it as a serious social problem.

In Hong Kong, the percentage of older drug users has increased over the last two decades. However, the motivations behind their drug-use behaviours have received little research attention. This study focuses on older drug users who are enrolled in methadone treatment programmes but still use illicit drugs (mixed use). Some studies in the criminological literature and government discourse consider drug users to be passive and lacking self-control. However, in-depth interviews in with 25 older mixed users (aged over 50 years) in Hong Kong revealed that mixed use is one of the various strategies they actively employ to improve their self-perceived quality of life. Using the framework of the selective optimization with compensation model, this study (1) describes the strategies older mixed users adopt as active agents to improve their self-perceived quality of life while coexisting with their addiction; and (2) explains how these strategies were affected and constrained by Hong Kong’s prohibitionist drug policy. I infer that prohibitionist drug policies that emphasize on total drug abstinence may fail to cater to the needs of older drug users who have undergone several relapses and treatments in their lifetimes and do not think they can give up using drugs. This study also provides evidence to show how some drug users may act as active agents to manage and coexist with their addiction, and their agency seems to be constrained by the wider drug policy implemented in Hong Kong.

Empirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to acknowledge traumatic harm. Considering fairness, then, returns Chinese courts to their long-standing role as managers of communities who respond to misfortune by assigning legal responsibility to relationships that range from intimate to surprisingly tenuous.

A prevalent assumption is that digital legal databases generate an exhaustive and inclusive archive for academics and legal professionals to use for gathering information. Bridging theories and methods from digital media studies and legal anthropology, I challenge this assumption and demonstrate how digitizing law is a politicized process that is tied to legacies of colonialism and modern epistemic frameworks of law and justice. Employing the concept of legal pluralism, I conduct a comparative study of urban secular state courts and rural Islamic/customary non-state courts (shalish) in Bangladesh to show how the construction of digital legal databases distorts and erases alternate frameworks of law and women’s socio-legal experiences. I discuss two significant use of digital legal databases to highlight why it is important to study the gaps and prejudices: (1) they are central to generating new forms of archives—digital archives; (2) they provide the data sets to help train artificial intelligence and influence automated outputs. I develop the term “neocolonial digitality” to explain how power related to legacies of colonialism and other forms of discrimination are embedded in the digitizing process. This concept also holds space for the newer forms of hierarchies, exclusions, and power structures that digitality permits, focusing on the particular harms marginalized communities encounter in the Global South.

This article examines how smart courts enhance the reform of judicial responsibility and the “trial supervision and management” mechanism. It holds that smart courts, while meant to provide better judicial services and improve access to justice, have the additional goal of enhancing the restructuring of accountability and power structures. It argues that automation and digitization help institutionalize and codify political supervision. Smart courts help resolve tension between the two opposing requirements of Chinese courts to maintain legal rationality and independent adjudication on the one hand, and the need for flexibility to allow intervention on the other. This article provides an account of the automation of “trial supervision and management” and explores the role of technology in enhancing political intervention in China’s legal system. This investigation draws on internal court reports and central and local judicial documents, supplemented with a review of Chinese empirical scholarship.

This article presents a theory of the order of power to explain the dynamics and interaction between the political and legal orders in China’s courts. This theory posits that the political order is embodied in the extensive administrative ranking system (ARS) of the People’s Republic of China and has a systematic impact on the legal order regardless of the subject matter. The ARS is a system that regulates power relations between various institutional and personal actors in all key power fields, including courts. According to this theory, power, as stratified by the ARS, relativizes law during the processes of legal implementation, application, and enforcement. This theory provides a coherent explanation of judicial behavioural patterns in different subject matters, such as the centralization of criminal investigations in some crimes but not others, the distribution of corruption in China’s courts, and the outcome patterns of administrative litigation. Whilst the conventional wisdom sees that the political and the legal orders in China’s courts are partitioned based on the subject matter, this theory asserts the opposite: the impact of the political order is systemic, comprehensive, and applicable to the entire legal field. This article fills a knowledge gap in Chinese law and politics, where the ARS has received little attention except for recent studies on administrative litigation. The article also identifies two overlooked but distinctive features of the ARS—its multidimensionality and interconnectivity—our understanding of which is disproportionately poor in relation to their significance.