2014 Annual Report

The Clarke Program in East Asian Law and Culture Bringing a broad interdisciplinary and humanistic focus to the study of law in East Asia

폭넓은 학제적, 인문적 접근으로 동아시아법 연구의 새로운 지평을 열겠습니다.

分野を越え、人を繋ぐ、東アジア法学研究を

在这里，东亚法律研究，视野宽宏，百家争鸣，充满人文气息。

“The partnerships that the Clarke Program has built are crucial to the Law School’s mission of training lawyers who can navigate today’s complex global legal landscape.”

Eduardo M. Penalver Allan R. Tessler Dean and Professor of Law Cornell Law School

Two years ago, we celebrated our tenth anniversary with the launch of Meridian 180, a transnational community of thought leaders from the worlds of scholarship, policy, business and the professions throughout the Pacific Rim region. This year, Meridian 180 reached another milestone, the launch of a Korea Base. In November, Meridian 180 opened an office in the Ewha campus. This partnership brings us a step closer to our goal of “transforming the Trans-Pacific dialogue” on issues such as the rule of law, environmental sustainability, and peace and security in the region.

Other highlights of the year were two confer-ences held at Cornell Law School. The first,

“New Directions in Private International Law: A Research Seminar,” and the other “A Research Workshop on Legal and Diplomatic Responses to the Comfort Women Problem.” These work-shops brought together established and young scholars for a set of highly energetic dialogues.

This report offers an overview of the many ways the Clarke Program has continued to expand in 2014.

Director’s Message

As always, we are proud of the work of the scholars who came to our program to conduct research or present their findings, of our fellows, and of the students who participate so actively in all our programs. You will read about lectures, conferences, student involvement, and our flagship Meridian 180 project. Finally, this report will provide a preview of upcoming events, developments and directions for the program for 2014 and beyond.

As always, we are especially grateful for the generous gift of Jack G. Clarke that has sup-ported this program since 2002. Other notable sources of funding include the Cornell University East Asia Program, the Cornell Institute for the Social Sciences, and the Mori Hamada & Matsumoto law firm. I would be grateful for your feedback, questions, or suggestions concerning anything you read here. Please write to me directly at ar254@cornell.edu.

Annelise Riles The Jack G. Clarke ‘52 Professor of Far East Legal Studies; Director, Clarke Program in East Asian Law and Culture and Professor of Anthropology

“In this chaotic modern world, Meridian 180 provides a space where researchers from different countries exchange thoughts from various social and cultural perspectives on topics like “happiness,” “democracy,” and “money”—concepts that are necessary and important for us to pave the way to the future.”

Hiroyuki Mori n Ritsumeikan University, College of Policy Science

Eunice Kim, Professor of Law at Ewha, and the Korea Director of Meridian 180, leads a local team that includes Ewha professors Kyungsok Choi and Wonbok Lee and Korea Fellow Yookyoung Min. The Korea Center will also host its first international conference, “Democracy in an Age of Shifting Demographics,” in March 2015.

This partnership represents a new model for global colla- boration between law schools, one that is not restricted to a specific project, a specific field, or a specific issue. It aims to foster a deeper dialogue between intellectuals both inside and outside academia, and to create a multidisciplinary platform in which thinkers from diverse national, political, and professional backgrounds can benefit from one another’s perspectives.

Meridian 180’s Increased Presence in the Asia-Pacific Region

Our membership aim for 2014 was to increase the number of Asian members, relative to European and American members. We deferred new memberships in Europe and the United States and our national membership committees in Asia worked hard to identify

What is Meridian 180?

Meridian 180 is an international, interdisciplinary, and inter-professional collaborative project. It is a nonparti-san community of exceptional intellectuals from around the Asia-Pacific region and beyond who meet online and in person to discuss contentious law and policy issues affecting the region.

Through live and on-line meetings which participants can follow in their choice of one of four languages – Chinese, Japanese, Korean and English – we collabo-rate to incubate new ideas, develop them, and deliver them to the academy, the policy world, and the public at large. For more information, please visit our website at www.meridian-180.org.

First Asia Base Established in Seoul

In a major milestone, Meridian 180 launched its first institutional partner-ship in Asia, a Korea Center at Seoul’s Ewha Womans University.

This marks Meridian 180’s transformation into a truly

transnational operation. Meridian180 can now expect to have greater visibility and impact in Korea, and more active, interested participation in Korea from diverse back- grounds and viewpoints, including academics, lawyers, thinkers, and government officials.

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ideal new members in their areas. Meridian 180 increased its membership from 589 to 667 during 2014. Korean and Chinese members increased by 55% and 22% respectively. In total, members from the Asia-Pacific region now make up approximately 44% of the membership. We expect to see our membership base in Asia grow further in 2015.

n South East Asia

n Canada

n UK

n Mainland Europe

n Korea

n Australia/ New Zealand

n Japan

n China/Hong Kong/ Taiwan

n US

n Other

Membership by Region

2% 1%2%

45%

17%

12%

7%

6%4%

4%

Program Highlights

Meridian 180

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Increased Commitment from Our Members

As Meridian 180’s presence in Asia grows, our members in the region are increasingly taking the initiative to facilitate our forum discussions. In 2014, 83% of our online forum discussions were initiated and run by our members. In addition, forum leaders hailed from each of the five key regions of our project—Australia/Oceania, China, Japan, Korea and the US. This encouraging trend demonstrates that our members are becoming more engaged and committed with each passing forum.

“Meridian 180 opened new doors of intellectual discourse between Asia and the World. In a forum about central banks,

I learned that the United States talk about central banking from a more democratic perspective. In a forum about bitcoin, participants discussed not only about how the problem is global, but also about the inherent nature of money across national borders. I would also like to emphasize that Meridian 180 not only connects Asia and the West, it also helps facilitate dialogue among Japan, China and Korea within Asia.”

Wataru Takahashi n Osaka University of Economics, Faculty of Economics

“It is less than a year ago when I first got acquainted with Meridian 180. I got instantly fascinated by the idea and the people behind it.

The topics of the Forums range from universal issues such as human rights to specific and regional issues such as the development of Pacific Rim regions. I had the honor to lead a Forum,

“Is Democracy Sustainable in an Aging Society?” which focused on the mis-match between economic decision made by the young and the political decision made by the elderly whose voices become louder as the aging goes on. It was a thrilling experience to discuss the matter with scholars with diverse backgrounds. Meridian 180 showed clearly why cooperation and communication among diverse minds can shape our world for the better.”

Sung-In Jun n Hongik University, School of Economics

“For me, Meridian 180 is like the adjoining back stages or ‘green room’ of a transcultural public theater where diverse kinds of academic and other experts on issues of the day who otherwise would not likely meet actually exchange ideas in passing. The eliciting questions brilliantly enable this traffic. ”

George Marcus n UC Irvine, Department of Anthropology

Professor Soo-Hyuck Lee

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Learn more about Meridian 180

To read our forum summaries, book reviews, and other articles please visit http://meridian-180.org/

“Being able to read through the discus-sions on Meridian 180 has really helped me re-conceptualize my current research project on debt in

Thailand. The comments from scholars on both sides of the Pacific in forums such as the ones on risk, privacy, and secrecy in an age of transparency, in particular, were useful as they crystal-lized for me the different ways in which scholars approach these key issues and pointed me in directions have been incredibly fruitful. In this sense, Meridian 180 is a valuable resource for all scholars with an interest in Asia as it fosters cross-disciplinary dialogue.”

Samson Lim n Singapore University of Technology and Design, Faculty of Humanities, Arts and Social Sciences

Crisis and Hope: Experts and Intellectuals in

Post-Fukushima Japan

Meridian 180 has partnered with the Cornell University East Asia Series to launch a multilingual book series. This series will share the ideas from our online and live discussions and the knowledge and expertise of our membership with academics, practitioners, policymakers, and the general public around the globe. This book series will be published in four languages—English, Chinese, Japanese and Korean.

Our first book, Crisis and Hope: Experts and Intellectuals in Post-Fukushima Japan, focuses on the societal, economic, political, and psychological impact of the 2011 Great Tohoku Earthquake and is edited by Core Idea Group member Hirokazu Miyazaki. Crisis

“Meridian 180 provides a platform where experts and elites from differ-ent countries can have substantial intellectual exchange. This project’s conversations allow me to cross various boundaries (geographical, disciplinary, national, social, etc.), observe both mutual understanding and one-sided misunderstandings, and sincerely appreciate arguments that touch on different themes and that are made by intellectual elites based in different social-intellectual contexts. Meridian 180 has impacted

the way I research law. I have learned that I must continuously reflect on my methodologies and on my epistemological position. This has helped me significantly. ”

Grace Kuo n National Cheng Kung University, Faculty of Law

and Hope is scheduled to be published in 2015 in both paper and ebook formats in the US, China, Japan, and Korea. Succeeding planned volumes will focus on demo- cracy and demographic change, and the rule of law.

Hirokazu Miyazaki

ITHACA, NEW YORK n FEBRUARY 28 , 2014

“New Directions in Private Interna-tional Law: A Research Seminar”

On February 28, 2014, four private international law experts presented papers at a workshop organized at the Cornell Law School. Hisashi Harata, University of Tokyo, Rethinking of Potential and Limit of PIL form the Historical & Theoretical Viewpoint, Karen Knop, Univer-sity of Toronto, Private Citizens of the World: Subjects in Lorimer’s The Institutes of the Law of Nations, Ralf Michaels, Duke University, Party Autonomy in Private International Law – A New Paradigm without a Solid Foundation; and Annelise Riles, Cornell Law School, Managing Regulatory Arbitrage: A Conflict of Laws Approach. The discussion was held in an intimate roundtable style, allowing for intensive discussion among Cornell students, faculty members and Clarke Program fellows and postdoctoral associates.

Each year the Clarke Program brings one or more high-profile scholars to Cornell to deliver a major public lecture. While at Cornell, the Clarke Lecturers also meet informally with faculty and students from across the university.

Clarke Lecture 2013-2014

On March 26, Katsuhito Iwai, Professor Emeritus of Economics at the University of Tokyo, delivered the 2013-2014 Clarke Lecture.

Professor Iwai’s lecture discussed the history and struc- ture of the Japanese corporate system. He returned to the age-old controversy over the nature of corporate personality—which, he reminded the audience, can be conceived as either a “person” or a “thing.” The legal concept of the corporation, he explained, is both universal, insofar as the law is capable of generating conceptions of the corporation as both a person and a thing, and culturally particular, in that the salience of the corporation as a person or a thing is context bound.

Professor Iwai asked: “What is a business corporation? And for whom does a corporation exist?”

These questions, he indicated, are understood distinc- tively in different contexts. According to Iwai, in some contexts, corporations are viewed primarily as a thing for shareholders, whereas in others, corporations are viewed as a person for corporate stakeholders. Iwai explained that the conception of the corporation as a thing owned by shareholders is far more prevalent in the United States, and that the notion of the corporation

ITHACA, NEW YORK n JUNE 19 , 2014

“Workshop on Legal and Diplomatic Responses to the Comfort Women Problem”

This research workshop, held at Cornell Law School on June 19, 2014, brought together international legal scholars and regional specialists to discuss possible new legal approaches to addressing the conflict among Asian nations about human rights violations related to sexual slavery during World War II. Presenters from Cornell included Professors Naoki Sakai, Annelise Riles, and Jens Ohlin. They were joined by Professors Monica Eppinger (Saint Louis University School of Law), Karen Knop (University of Toronto School of Law) and Yukiko Koga (Hunter College, City University of New York). This workshop was supported by a grant from the Institute for the Social Sciences Small Grant Program.

Program Highlights

International Conferences

Professor Hisashi Harata, Professor Ralf Michaels, Professor Karen Knop, Professor Annelise Riles

Professor Brett de Bary Cornell University Department of Asian Studies and Professor Karen Knop, University of Toronto Faculty of Law

Program Highlights

Clarke Lecture

as a legal personality, one which acts independently within society, is more salient in Japan. “The corporate system,” Iwai said, “demonstrates an intrinsic multiversality.”

The lecture brought together students and faculty from across the disciplines and generated a lively discussion. In his concluding remarks, Iwai noted that his lecture demonstrated “the role culture plays in the particular path that capitalism follows at critical junctures of its path dependent history.”

Clarke Lecture 2014-2015

On October 6, 2014 Soo-Hyuck Lee delivered the 2014- 2015 Clarke Lecture, “Three Hypotheses on the Korean Peninsula issues—About the Destiny of North Korea, Chinese Policy towards North Korea and Nuclear Program of North Korea.”

Lee is currently chair professor at Dankook University and dean of its Human Resources Development Center and Humanities Academy. He was South Korea’s representative in negotiations with North Korea and the architect of the six-party talks among North Korea, South Korea, China, the United States, Russia, and Japan. The talks, which aimed to resolve the conflict on the Korean Peninsula after North Korea withdrew from the Nuclear Nonproliferation Treaty in 2003, were disbanded in 2009 when North Korea pulled out.

Ambassador Lee discussed his views on the prospects for peace and reunification. “We can’t expect reunification as long as the Kim family is in power and maintains its tight control,” Lee said. But, pragmatically speaking, the North Korean regime is not likely to collapse anytime soon, regardless of whether the country’s current ruler, Kim Jong-un, holds onto power or not, said Lee.

But the biggest obstacle to reunification remains North Korea’s nuclear capability, Lee said. “We hope that North Korea will dismantle their nuclear program, and that will lead to reunification,” he said, but it might take decades. Might North Korea ever actually use its nuclear weapons against South Korea if it felt threatened? “It’s not either-or, it’s multidimensional,” Lee explained. “Stability in North Korea is of utmost interest to China. Tradition-ally, balance of power, not aggression, has been the best way to achieve it,” he said. “China may need North

Below: From left, Professor Hirokazu Miyazaki, Cornell East Asia Program, Dean Stewart Schwab, Professor Katsuito Iwai, Annelise Riles

Above: Professor Soo-Hyuck Lee, Dean Eduardo Penalver, Annelise Riles

Left: Professor Soo-Hyuck Lee

Korea for the present. If so, the U.S. may want to keep its soldiers on the Korean peninsula.

“South Korea’s strategy is to prepare military capability and make North Korea fearful of total war,” Lee commented.

“And North Korea’s is to create North Korean phobia.”

The good news: “Some of these long and patient negotiations might lead to solutions,” said Lee.

Each week during the fall semester, faculty, law students and senior graduate students met to discuss works in progress on law and culture in East Asia. The informal setting encouraged discussion and the focus on new and cross disciplinary research provided a nuanced view of Asian institutions and practices.

Cornell law students participated in the colloquium series for credit through the East Asian Law and Culture Seminar. Students in the seminar summarized forum discussions and wrote book reviews and articles about lectures presented in the Clarke Lectures and Colloquium Series for publication on Meridian 180’s public website. The seminar offered a unique opportunity for Cornell Law students to learn directly from prominent intellectuals about recent legal developments in East Asia.

MONDAY, SEPTEMBER 22 , 2014

Lingyun Gao, Associate Professor of Law, Fudan University

“The Transplantation of Trust Law into China and Its Problems”

M ONDAY, OCTOBER 20 , 2014

Timothy Webster, J.D., LL.M 2006, Assistant Professor of Law & Director, East Asian Legal Studies, Case Western Reserve School of Law

“The Merchant and the Missionary: How China and America Use Interna-tional Economic Law”

T U E S D AY, O C T O B E R 2 1 , 2014

Sayaka Takano, 2014 Clarke Program Visiting Scholar, Research Fellow at the Japan Society for the Promotion of Science

“Mobile Phones, Wooden Benches, and Blackouts: Doing Ethnography of Law in Indonesia”

Co-sponsored with Cornell South- east Program and the Cornell Department of Anthropology

Sayaka Takano, 2014 Clarke Program Visiting Scholar, Research Fellow at the Japan Society for the Promotion of Science

Program Highlights

Colloquium Series

M O N D AY, O C T O B E R 2 7, 2014

Yun-Ru Chen, Postdoctoral Fellow, Baldy Center for Law & Social Policy, State Univer- sity of New York in Buffalo; S.J.D. Harvard Law School

“Paradoxes of the National Family Law in Colonial East Asia: Taiwan as the Nexus”

MONDAY, NOVEMBER 10 , 2014

Gan Ying, Professor, School of International Law, East China University of Political Science & Law

“New China, New Dream: Market Economy Reform and Social Changes: Seen from A Foreign Trade Law Angle”

MONDAY, NOVEMBER 17 , 2014

Miyako Inoue, Associate Professor, Department of Anthropology, Stanford University

“Law and Techné: The Stenographic Typewriter, the Filing System, and Postwar Legal Reform in Japan.”

Co-sponsored with Cornell Department of Anthropology, Cornell Department of Science & Technology Studies and Cornell East Asia Program

Yun-Ru Chen, Postdoctoral Fellow, Baldy Center for Law & Social Policy, State University of New York in Buffalo

Miyako Inoue, Associate Professor, Department of Anthropology, Stanford University

“The Clarke Program in East Asian Law and Culture is a dynamic program that brings to life East Asian law in a classroom setting. Attending the engaging speaker events has allowed me to deepen my understanding of Asian legal systems and compare it to the American legal system. The colloquium series has significantly complemented my substantive legal courses and has been paramount to enriching my student experience at Cornell Law.

Alice Chung, JD Candidate 2016 n President, Asian Pacific American Law Student Association

“For over a decade, the Clarke Program has been an extraordinary asset to Cornell Law School. As a student, I met outstanding practitioners, leading legal scholars and insightful thinkers from a range of disciplines through the Colloquium Series and related events. I landed my first job when a

partner at Morrison Foerster, came and spoke in the program. …Now that I am a full-time academic, I interact frequently with the scholars I met ten years ago as a student.”

Timothy Webster, J.D., LL.M 2006 n Assistant Professor of Law & Director, East Asian Legal Studies, Case Western Reserve School of Law

“As a law student, I sometimes feel ‘silo-ed’ in my knowledge and training. I thoroughly enjoyed being a part of the Clarke Program because it allowed me to participate in an interdisciplinary, international, and multi-perspective conversation on a range of issues I had not previously thought about. I learned

that a conversation is an end in itself and that sometimes there is nothing more valuable than just sitting back, listening, and saying, ‘Wow. That’s interesting. Thank you for sharing.’ ”

Crista Khong, Exchange Student (Fall 2015)

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Program Highlights

The Mori Hamada & Matsumoto Exchange

Visiting scholars from around the world bring to the program specialized knowledge of current Asian legal issues. Visiting scholars make use of Cornell’s extensive library collections and meet with colleagues from across the university.

Sayaka Takano is Research Fellow of Japan Society for the Promotion of Science and the University of Tokyo. As a legal anthropologist, her research interest center around the shifting category of customary law and forms of legal reasoning.

Her work in Indonesia examined legal practices in a district court and beyond. Works in progress explore the trajectory of Japanese international legal assistance programs, especially focusing on those in Indonesia under the initiative of Japanese government.

The Mori, Hamada & Matsumoto Exchange sponsors conferences and faculty exchanges between Cornell Law School and leading Japanese universities. Cornell Law faculty travel to Japan, and faculty of Japanese universities travel to Cornell to collaborate on research projects, give seminars, and teach courses. The Mori Hamada & Matsumoto Exchange Program is supported with funds provided by the Mori Hamada & Matsumoto law firm.

The Mori Hamada Distinguished Visitor Spring 2014

Hisashi Harata is Associate Professor in Private International Law at University of Tokyo. His areas of specialization are Private International Law and Legal History—especially Friedlich Karl von Savigny and the Roman Law Tradition. His current research focuses on the particularities of the legal framework of International Law including Private International Law, at the end of the 19th century.

Professor Harata presented a paper entitled Rethinking of Potential and Limits of Private International Law from the Historical & Theoretical Viewpoint at the New Directions in Private International Law Workshop in February 2014.

Program Highlights

The Clarke Visiting Scholar Program

Ming-yi Lin is a prosecutor in Taiwan’s Taichung Prosecutor’s Office. His practice focuses on investigations in criminal procedures and constitutional criminal procedure. In the face of increasing threats of economic espionage and

trade secret theft, the Ministry of Justice of Taiwan appointed him to come to Cornell Law School to do research in that field.

Program Highlights

Taiwan Ministry of Justice Program

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Jiang Zhaoxin is Associate Professor of law at Shandong University. Before his appointment as visiting scholar, Zhaoxin served as the Chinese Postdoctoral Associate to the Clarke Program in East Asian Law

and Culture for two years. He has published a monograph as well as numerous articles on Chinese republican legal history.

Daxiao Shi joined the Clarke Program as a Postdoctoral Associate and Chinese translator in August 2014. Dr. Shi is Assistant Professor at Fudan University in China. He was born in Shandong Province, China, and was educated at Peking University (Ph.D and B.A in Law).

He has published widely in Chinese journals on jurispru-dence and legal history.

Yookyoung Min joined the staff in November 2014 as a fellow at the Korea base at Ewha Womans University in Seoul, Korea. She received her bachelor’s degree in Korean Language and Literature from Ewha Womans University, and a master’s degree from Ewha

Womans University Graduate School of Translation and Interpretation. Upon graduating from the graduate school of interpretation and translation in 2006, she worked for government (Ministry of Labor) and companies in many different industries including KT, Doosan, Hyundai Capital, Reckitt Benckiser, and Samsung Electronics as in-house or project interpreter.

Program Highlights

On-Campus Outreach and Cross-Campus Collaboration

Program Highlights

Clarke Program Welcomes New Staff Members

Coming Highlights

One of the central missions of the Clarke Program is to foster greater collaboration between Cornell Law School and other colleges, schools and units across the Cornell campus. Regardless of their major, under- graduate students are welcome to join our events and every year more graduate students contribute to and benefit from the Clarke Program’s commitment to graduate training and interdisciplinary study.

Meridian 180 Becomes an Einaudi

Affiliated Project

As of July 2014, Meridian 180 is an affiliated project of Cornell University’s Mario Einaudi Center for International Studies. The Einaudi Center is Cornell’s cross-college hub for international activity and our affiliation recognizes the fact that Meridian 180 draws its members from the university at large and has a substantial impact on campus beyond the law school. This new status will help us to build further connec-tions with other projects and institutions within the University and generate more opportunities for collaborative and interdisciplinary projects.

S E O U L , M A R C H 3 1 , 2 0 1 5 :

Democracy Conference

The Clarke Program and Ewha Womans University will cohost a conference in Seoul entitled “Democ-racy in an Age of Shifting Demographics” on March 31, 2015. This event will celebrate the official launch of Meridian 180’s Korea Base.

C O R N E L L L AW S C H O O L A P R I L 2 0 1 6 :

Central Banks Conference

The Conferene will be co-sponsored with the Cornell Global Finance Initiative, Cornell East Asia Program and the Einaudi Center. The conference will bring together scholars developing new approaches to the politics of central banking with leading central bankers from around the world.

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The Clarke Program in East Asian Law and Culture

Myron Taylor Hall, Ithaca, NY 14853-4901

For further information on Cornell Law School’s Clarke Program in East Asian Law and Culture, please visit www.lawschool.cornell.edu/international/clarke_program or e-mail asianlaw@cornell.edu.

You can follow the Clarke Program on Facebook (www.facebook.com/clarkeprogram) and Twitter (www.twitter.com/clarkeprogram)

Director Annelise Riles Jack G. Clarke ‘52 Professor of Far East Legal Studies, Professor of Anthropology

Clarke Program Administration

Naruhito Cho Lead Program Fellow and Japanese Translator

Eo-Jean Kim Fellow and Korean Translator

Yookyoung Min Fellow at Korea base, Ewha Womans University, Seoul, Korea

Daxiao Shi Postdoctoral Associate and Chinese Translator

Donna K. Hastings Assistant Program Coordinator