Jerome A. Cohen says diplomacy took Chen Guangcheng only so far.
Adjunct Senior Fellow for Asia Studies
Legal and business transactions in Asia; international relations of East Asia; international law.
Jerome A. Cohen says diplomacy took Chen Guangcheng only so far.
Jerome A. Cohen looks at various types of incommunicado detention in China, and discusses what Bo Xilai could face under "shuanggui," a widely feared internal disciplinary action that is outside the reach of Chinese law.
Jerome A. Cohen discusses Bo Xilai, criminal justice, and China's leadership.
Jerome A. Cohen discusses the successes of the Shanghai Communique forty years later and says challenges lie ahead for political leaders to preserve both peace in East Asia and freedom for the people of Taiwan.
Jerome A. Cohen and Jared Genser argue that the case of detained Chinese rights lawyer Gao Zhisheng demonstrates how far the Chinese government will go to suppress legitimate criticism by its citizens.
Jerome A. Cohen states that even with Kim Jong-Il's death the Democratic People's Republic of Korea is likely to exist for some time, and the United States should vigorously promote, not impede, its participation in the world.
Jerome A. Cohen says proposals in the revision of the criminal procedure law would entrench the practice of enforced disappearances in China.
Jerome A. Cohen and Yu Han urge the adoption of wider oversight powers for Chinese prosecutors in a revision to the Criminal Procedure Law, allowing the "watchdogs of legality" to rein in investigators' misconduct.
Jerome A. Cohen says the cause of Chen Guangchen, imprisoned because of his efforts to defend women against forced sterilization by the Chinese government, could become a monumental struggle for freedom and justice in China.
Jerome A. Cohen states, "The Chinese government's current suppression of rising internet protests against its barbaric abuse of the blind 'barefoot lawyer' Chen Guangcheng raises fundamental questions about the impact of legal reforms on real life in China."
Jerome A. Cohen and Yu Han discuss the recent release of the draft comprehensive revision of China's Criminal Procedure Law (CPL).
Jerome A. Cohen and Mizuki Koshimoto ask, "Has Japan found the best way for ordinary citizens to take part in criminal cases?"
Jerome A. Cohen says the Chinese government's assurances for due process in its prosecution of Lai Changxing, the mastermind behind a smuggling and bribery scandal, are far from being 'strict, clear, and unequivocal.'
Jerome A. Cohen says the consultative jury system in South Korea can serve as a model for both sides of the Taiwan strait.
Jerome A. Cohen states, "It's open season on lawyers in China today."
Jerome A. Cohen and Yu-jie Chen say progress has been made so far under an agreement between Beijing and Taipei on law enforcement and judicial
cooperation, but several key issues demand attention.
Jerome A. Cohen argues that without reforms to its criminal justice system, Beijing risks repeating the embarrassment surrounding the release of artist Ai Weiwei.
Jerome A. Cohen says many will celebrate the Chinese Communist Party's achievements on its 90th birthday, but the costs of the party's economic success will become apparent.
Jerome A. Cohen asks whether foreign lawyers care about the suppression of China's human rights lawyers.
Jerome A. Cohen says that in Ai Weiwei's continued detention, Chinese police are violating at will a provision of the law that allows them to hold a suspect only under strict conditions.
The Roundtable on Asia, the Rule of Law, and U.S. Foreign Policy examines the many meanings of the "rule of law" and the role of law and legal culture in the economic growth, institution-building, and protection of human rights in Asian countries. Participants from the government, NGO's, and academia join to discuss the relevance of the rule of law to U.S. foreign policy and what measures the public and private sectors might adopt to foster desired developments.
Asia is an increasingly important center of world power and relations between the United States and Asia have undergone great change. The Focal Points for the Future Roundtable Series examined the implications of these changes within sociopolitical, economic, and security frameworks.
Mr. Cohen has been an adjunct senior fellow for Asia studies at the Council on Foreign Relations (CFR) since 1995. Mr. Cohen has special expertise in business and public law relating to Asia, especially China. Since 1990, he has been a professor at the New York University School of Law, where he currently teaches courses on Chinese criminal justice and Chinese business law and frequently teaches International Law--East and West.
Mr. Cohen formerly served as Jeremiah J. Smith professor, director of East Asian legal studies, and associate dean at Harvard Law School. He has published several books, including The Criminal Process in the People's Republic of China, 1949–63, People's China and International Law, and Contract Laws of the People's Republic of China, and many articles on Chinese law as well as a general book, China Today, coauthored with his wife, Joan Lebold Cohen. In 1990, he published Investment Law and Practice in Vietnam.
The Cohens lived in Beijing during 1979–81, while Mr. Cohen took part in various trade and investment contract negotiations as consultant to the Coudert Brothers law firm and taught a course on international business law in the Chinese language for Beijing officials. Mr. Cohen formerly served as adviser to the Government of Sichuan Province, China; as chairman of the American Arbitration Association's China Conciliation Committee and to the New York/Beijing Friendship (Sister City) Committee; as trustee to both the China Institute in America and the Asia Society; and as a member of the board of editors of both the China Quarterly and the American Journal of International Law. He continues to serve on the advisory board of Human Rights Watch--Asia and is a trustee of the Carnegie Endowment for International Peace.
Mr. Cohen is a Phi Beta Kappa graduate of Yale College (BA, 1951) and graduated in 1955 from Yale Law School, where he was editor-in-chief of the Yale Law Journal. He was law secretary to both U.S. Supreme Court Chief Justice Earl Warren (1955 Term) and to Justice Felix Frankfurter (1956 Term). He subsequently practiced law, served as an assistant U.S. attorney for the District of Columbia and was consultant to the U.S. Senate Committee on Foreign Relations before beginning an academic career at the University of California School of Law at Berkeley in 1959. He moved to Harvard Law School in 1964 and remained a full-time faculty member there until he joined the international law firm of Paul, Weiss, Rifkind, Wharton & Garrison in 1981. He retired from commercial law practice in 2000 but continues to serve as arbitrator and mediator in international business disputes relating to Asia and as adviser to families of persons detained in China, including Taiwan. He is a member of the bar in New York, Connecticut, and the District of Columbia.
Mandarin Chinese (Fluent)
New York, New York
CFR Adjunct Senior Fellow for Asia Studies and Codirector of New York University School of Law's U.S.-Asia Law Institute
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