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Sustainability in Tandem: Navigating the Dual Jurisdictions of ESG Across Mainland China and Hong Kong amid Outbound Expansion
Full text linkThis study explores the evolution of the environmental, social, and governance (ESG) regulatory frameworks of Mainland China and Hong Kong with a focus on their implications for Chinese companies’ outbound expansion. While Mainland China’s ESG development is driven by government policies and top-down mandates, Hong Kong adopted a market-oriented model that aligns closely with global standards. Through a comparative review of ESG regulations and qualitative case studies, most notably Geely Automobile Holdings Limited, this study demonstrates how companies strategically navigate the tension between domestic compliance and international ESG requirements. The findings highlight the critical role of dual adaptation, wherein firms comply with both Mainland China’s policy mandates and global market-driven ESG norms, fostering resource consolidation. By examining the regulatory differences between Mainland China and Hong Kong, this study also provides key public policy implications for improving cross-border ESG coordination. The results highlight that regulatory harmonization and effective stakeholder engagement mechanisms between the two jurisdictions play a crucial role in fostering sustainable business practices, enhancing the global competitiveness of Chinese firms, and strengthening policy consistency.
Keywords: ESG regulations; Mainland China; Hong Kong; outbound expansion; sustainability
Suspended Agency: Cripping Judicial Ambivalence to Intellectual Disability and Sexuality
Full text linkThis article examines how Taiwanese courts suspend the sexual agency of individuals with intellectual and developmental disabilities in adjudicating consent. Analyses of key rulings demonstrate how judicial ambivalence—oscillating between protection and denial—produces legal reasoning that pathologizes desire while erasing deeper contextualization. Advancing a crip/queer jurisprudential lens, the article rethinks legal personhood beyond binary thresholds of capacity. It advocates for relational forms of agency that, while seeking justice, recognize expressions and embodiments that may be ambiguous and illegible to the law. This offers critical insights into how disabled sexualities are framed in law, expanding the scope of rights-based analysis.
Keywords: cripness as queerness; disabled sexuality; intellectual disability; judicial narrative; law in context
Rewriting Supriyo: Unpacking India’s Marriage Equality Judgment
Full text linkThis article reimagines Supriyo v Union of India, a constitutional judgment rendered by the Supreme Court of India in 2023 that denied the legal recognition of same-sex marriages. The rewritten judgment uses a critical queer lens and recognizes the right to marry as a constitutional guarantee grounded in dignity, autonomy, and equality. It rejects the heteronormative exclusions of the Special Marriage Act 1954 and foregrounds the lived experiences of queer couples. It illustrates how queer relationships can subvert patriarchal norms through consent-based relational models. Simultaneously, it proposes a nomination-based approach to delink legal benefits from marital status, enabling legal protection for diverse kinships. In doing so, the rewritten judgment queers marriage both structurally and substantively, while also ensuring legal recognition for non-marital forms of intimacy and care.
Keywords: marriage equality; Indian Constitution; critical queer theory; anti-discrimination
Self-Regulatory ODR in China’s e-Commerce Market: An Examination of Alibaba’s Taobao Platform and Crowdsourced ODR
Full text linkThis article explores the evolution and application of online dispute resolution (ODR) within China’s e-commerce landscape, focusing on the self-regulatory mechanisms employed by Alibaba’s Taobao platform. It provides an overview of China’s ODR development, analyses Taobao’s crowdsourced jury system as a case study, and examines the platform’s rulemaking and dispute resolution procedures. The analysis highlights Taobao’s ability to resolve disputes efficiently while addressing important challenges, such as transparency, data privacy and legal accountability. The study emphasizes Taobao’s role in shaping China’s e-commerce governance, underlining the need for balance between innovation and consumer trust in a rapidly expanding digital marketplace.
Keywords: online dispute resolution (ODR); e-commerce; Taobao; self-regulation platform; consumer protection; crowdsourced jury
Consumer Protection in Asia, edited by Geraint Howells, Hans-W Micklitz, Mateja Durovic and André Janssen
Full text linkCourts and Horizontal Accountability in Climate Change Litigation
Full text linkIn La Oroya v Peru, the Inter-American Court of Human Rights, in its quest to protect the “interest of future and present generations” based on the facts before it, suggested that the right to a healthy environment should have the status of a peremptory norm of general international law. The European Court of Human Rights has been at the centre of debates over its judgments, such as Verein Klimaseniorinnen Schweiz v Switzerland, where it established positive obligations with regards to climate change under Article 8 of the European Convention on Human Rights. Under the African human rights system, regional courts have long sought to hold states to account for activities of state and multinational corporations that infringe on the right to a healthy environment. These developments reveal an emergent cadre of judges that are alive to the need to develop concrete normative standards on climate change litigation. To the untrained eye, these recent decisions suggest an erasure of the Global North–South divide that has stymied climate change negotiations. Consequently, this article examines the critical role of judge-made law in the potential cross-fertilization or “judicial globalization” of a normative body of climate change jurisprudence. It adopts a comparative approach by analysing recent jurisprudence emerging from regional courts in Africa and juxtaposing them with emerging trends in other international courts.
Keywords: climate change litigation; judge-made law; horizontal accountability; peremptory norm; jus cogens; African, European and Inter-American human rights system
