Category: Rule of Law

Ukraine’s odious debts

Ukraine’s national news agency, Ukrinform, asked Probe International’s Patricia Adams to weigh in on Ukraine’s multibillion-dollar debt to Russia and whether Ukraine could challenge the enforceability of the US$3 billion Eurobond using an odious debts argument.

Powerful, must-see photographs commemorating Tiananmen Square

(June 4, 2014) On the 25th anniversary of the Tiananmen Square crackdown today, we recommend a visit to the Twitter page of Patrick Chovanec and the tremendous photographs he has posted commemorating the events of June 4, 1989. Patrick is an adjunct professor at Columbia’s School of International and Public Affairs, and a former business professor at Tsinghua

China’s new environmental law looks good … on paper

(April 24, 2014) Chinadialogue’s Beijing editor Liu Jianqiang reviews China’s newly revised environmental protection law which comes into effect in 2015 and represents the first time the law has been revised in 25 years. The new law provides authorities with the tools to dole out harsher punishments and sanctions to polluters, including more heat for officials found to be falsifying data and ducking environmental impact assessments. Under the new law, individual citizens still will not be able to initiate public interest lawsuits and although NGOs will be able to pursue litigation, the number permitted to do so has been capped, most likely in order to prevent a flood of environmental lawsuits in local courts and local authorities from being sued too frequently — which raises the question: what is the point of the law? In any case, says Mr. Liu, China’s environmental problems cannot be blamed solely on the lack of a powerful law but are more “the consequence of weak implementation and failure to hold officials accountable for rampant pollution and ecological destruction. … What good is perfect legislation if our authorities fail to implement it? China’s new law cannot answer this question.”

China is so bad at conservation that it had to launch the most impressive water-pipeline project ever

(March 17, 2014) Reporter Lily Kuo takes an in-depth look at China’s South-to-North Water Diversion project — the world’s largest water diversion conceived originally by Mao Zedong as a way to relieve North China’s dwindling water resources by “borrowing” from the south of the country. But not even the project’s leaders are pretending the mammoth, ultra-complex, $80-billion scheme will solve China’s water problem. Moreover, it has already created extra problems. Kuo concludes the project is another example of an engineer-dominated government’s fondness for huge-scale vanity projects with a particular weakness for mega-water works. No wonder. Without the man-made institutions — a robust regulatory regime and the rule of law — the Chinese government is bereft of tools to induce the efficient use (and conservation) of water. And so it builds canals and moves water from one watershed to another, creating havoc and perpetuating the problem of China’s crippling water crisis.

Civil disobedience in Sodom – A letter to Xu Zhiyong

(September 18, 2013) Guo Yushan, a longtime friend and colleague of high-profile Chinese human rights activist Xu Zhiyong, penned a grand and robust entreaty to Xu in late July (translated here into English), urging Xu to stand his ground as he awaits trial for “assembling a crowd to disrupt order in a public place.” In reality, Xu, a well-known lawyer and founder of China’s fledgling “New Citizens’ Movement”, had called on officials to disclose their financial assets as it is thought assets disclosure will reveal the true level of corruption among government officials who exploit their political power for personal gain. In his letter, Guo likens Xu to Socrates facing the wrath of Athens and China to the disgraced biblical city of Sodom, and exhorts Xu to rise to his fate as an idealist, unrepentant — “let them charge you, let them torture you”.

Beijing social think-tank shut down amid crackdown

(July 20, 2013) On the heels of anti-graft campaigner Xu Zhiyong’s detention, authorities continue to get tough on rights activists as they endure another wallop of repression, shutting down a Beijing-based think tank. The move is seen as payback for activists who have called on government leaders to declare their assets, and on lawyers who defend “sensitive” cases.

Never-ending, hidden rules

Famed Chinese journalist and environmentalist Dai Qing, on her 70th birthday, reflects on the words of Confucius, who said: “When you’re 70, do as you please, as long as it doesn’t break the rules.” Dai, however, decides she was born 2,500 years too late. “I embody the cultural atmosphere of the ‘People’s Republic,'” she says. “With all its hidden rules.”

Critic of unbridled growth tipped as new China environment minister

(March 4, 2013) Pan Yue, a popular, outspoken and confrontational environmental official is reportedly a front-runner to become China’s new environment minister. Nicknamed Hurricane Pan, a reference to the “environmental protection storms” Pan led as former vice-minister of the State Environmental Protection Administration, the appointment would represent a clear signal to citizens that their new government is serious about improving the country’s rivers and skylines and empowering its environmental protection bodies to take on vested interests, reports Reuters. Although, Pan’s fearless advocacy has hampered his career in the past, promoting someone viewed as a tiger tough on polluters and a critic of unbridled development could help to defuse the civil unrest that has rocked China in recent times, in large part provoked by a loss of faith in the nation’s growth miracle.

Why we should say no to CNOOC

(November 23, 2012) The proposed takeover of Calgary-based oil and gas producer Nexen by China’s state-owned oil giant CNOOC should be nixed by the Canadian government, says Probe International’s Patricia Adams. As instruments of the Communist Party, China’s state-owned enterprises (SOEs) are undisciplined by markets or the rule of law. Without subsidies, their rate of return on equity is negative. It would be impossible to stop them from distorting the Canadian economy, so Canada should just say no to CNOOC.

No country for private houses

(October 26, 2012) The history of government property seizure in China reads like an appalling dystopian fiction. A new film, which debuted in New York on October 28, looks closely at the astonishing but all-too-true stories of individual citizens – survivors of this ongoing battle for property rights – who have been robbed of their homes, their lands, unconscionably beaten, tormented and forced to endure bizarre and cruel new realities as a result of a social-political ideology gone mad and corrupt officials and developers who will stop at nothing in their pursuit of power, privilege and gain.