They Like China Law Blog. They Really Like Us.

Back when China Law Blog was a young pup, the Wall Street Journal Blog referenced one of our posts and we went all Sally Fields about that. We ran a post, entitled, "The Wall Street Journal -- They Like Us. They Really Like Us," the sole purpose of which (near as I can tell nearly six years later) was to let everyone know that the Wall Street Journal had noticed us. We are, of course, far too cool/wise/jaded/experienced/old to act that way now.

Or so I thought until I read a post on theContractsGuy Blog, entitled, "The Reading List: China Law Blog."

The author of that post, St. Louis business lawyer, Brian Rogers, so totally understands this blog that his post felt like confirmation of what we are seeking to achieve here. In addition to that (or better yet, because of that), Rogers' post does a phenomenal job listing out what are probably our best (or at least most practical/helpful) posts for 2011.

I am not going to list all the posts Rogers lists because i want to make sure you read his entire post, but I am going to state how delighted I was to learn that his favorite post "by far" was China Manufacturing Agreements. Watching The Sausage Get Made, which he describes as follows:

The post consists simply of a pair of sanitized client emails. One explains the typical contents of a Chinese manufacturing agreement, along with a discussion of important issues to consider. The other email accompanied the initial draft of a manufacturing contract. They’re pieces of commercial transaction art, clearly explaining the significant issues the client should consider and providing salient commercial and legal advice.

I too loved that post because it consisted pretty much entirely of emails co-blogger Steve Dickinson had sent to a client and all I had to do was remove any client identifiers and then post it. In other words, the post was the essence of what we as China lawyers do pretty much every day. Then to have a fellow lawyer appreciate that is -- to me -- one of the highest compliments we could ever get.

Whenever someone thanks me for highlighting on our blog something they have written elsewhere, I demur by saying that I should be thanking them instead. I say this because we mention and link to other writings not as a favor to their authors, but because we think the writings are interesting and worth reading and we want to bring them to the attention of our readers. So for this reason, I am not going to thank theContractsGuy for highlighting our blog on his blog.

Instead I am going to thank him for making my day. Thank you, thank you, thank you.

China And Its People. Just ONE Book.

My firm is in the throes of defending a strike suit brought against Sea Shepherd by Japanese whaling interests. The Japanese whalers are seeking an injunction to stop Sea Shepherd. Under U.S. law, to get equity, one must do equity and one of the things we have learned about the Japanese whaler plaintiffs that we consider to be less than equitable, is that they have used nearly $30 million in tsunami relief money (I kid you not) to fund their whaling operations. 

A young lawyer in my office was shocked that this would go on. Her shock stemmed not even so much from the fact that the funds would be used so deceptively, but more so from the fact that it seems never to have occured to the whalers that using tsunami relief funds to kill whales would be viewed with such horror by just about everyone outside Japan. I told her of how a friend of mine who is completely fluent in Japanese and lived there a long time is always telling me of how the average Japanese businessperson knows nothing of how Japan treated China during World War II, and so just assumes that China's anger towards Japan is based on "jealousy." 

I then ordered her the book, Dogs and Demons: Tales From the Dark Side of Modern Japan.

Whenever I want someone to have a sense for Japan, I buy them Dogs and Demons. And whenever I want someone to get a quick sense for Korea, I buy them The Koreans: Who They Are, What They Want, Where Their Future Lies. Both of these books have been recommended to me by countless people who really know Japan and Korea, respectively.

Well that got me to thinking. What is the one book to recommend to someone who wants to learn about the Chinese people? Now I know that no one book is going to do that so please nobody write about how no one book is enough, but is there any one book that shines above the rest for this? If I had to pick one right now, I would actually choose John Pomfret's book, Chinese Lessons: Five Classmates and the Story of the New China. Though not really intended to provide an overview of a people, by writing about the Chinese students with whom he attended Nanjing University in 1982, Pomfret's book at least makes clear (as if it were ever necessary) the great diversity that is China. But I am more thinking about a book that seeks to explain the Chinese people and why they are what they are.

What is that one book?

China's Candle Production. Nothing Is Static.

You can blow out a candle
But you can't blow out a fire
Once the flames begin to catch
The wind will blow it higher
Oh Biko, Biko, because Biko
Yihla Moja, Yihla Moja
-The man is dead

And the eyes of the world are
watching now
watching now

From the song, Biko, by Peter Gabriel, 1980

How is your business? [Note, to understand this post, you MUST click through this link]

Though I very much welcome your comments, I am probably not going to run many/any of them on this one.

China In America. Newton, Iowa, Edition.

Just spent the last day and a half in the heart of Iowa. Though I was there to be on a bunch of panels at Grinnell College, parents weekend there necessitated that I spend my nights in the neighboring town of Newton, Iowa. Newton has a population of about 15,000 and it is known for being the former home of Maytag Appliances, the present home of the Maytag Dairy (and its Maytag blue cheese) and for being where Rocky Marciano's plane went down. Perhaps more importantly for some, it is also has a gorgeous Maid-Rite.

I arrived fairly late to Newton and this being the heart of the Midwest and my not eating meat, my dining choices were looking pretty limited. Out of an overabundance of a lack of caution, I decided to eat at the Chinese restaurant in town. Though American-Chinese cuisine, it was shockingly decent.

I got to the restaurant about twenty minutes before its 9:00 p.m. closing, which meant I got to watch that Chinese restaurant staple of the restaurant workers being served their own dinner. What surprised me (maybe it should not have) was that every single employee was Chinese (or at least appeared to be). As I paid my bill, I asked the cashier/apparent owner, where she was from. She seemed to hesitate just a bit and then said "China." Where in China, I asked, just about certain she would say Fujian. She did. 

I am fascinated by America's small towns. I am in awe of how so many of them seem to both stay the same and change. At one time, just about every U.S. town between 15,000 and 25,000 had a general store/department store/clothing store/furniture store owned by Jewish immigrants, whose sons and daughters have mostly moved to bigger cities today. Now it seems those U.S. towns now all have one or two Chinese restaurants run by immigrants from Fujian. Who are these immigrants? Do they go straight to these small towns or start in New York or Los Angeles and then move later? Do they plan to stay in these towns, move elsewhere in the United States or return to China? What is it like being one of damn few Chinese or even Asians in these places?

Many many years ago, I represented an Asian (I am being intentionally vague here) family whose son had been expelled from a small town's school system for having damaged a teacher's property. The parents (who spoke no English) had hired my firm to get their kid exonerated and back to school. The parents had a successful business, consisting of two stores and were pretty much the only Asians in the town. They were short in stature and everything about their physical appearance said the country from which they had come and not the town in which they were living. Their high school age son was nearly six feet tall, wore baggy jeans and a Raiders jersey and he looked like any "cool" kid from a big city American high school. 

He told me the story of his innocence in front of his parents, but I wasn't buying it.

I arranged a meeting with him separately and essentially told him that if he was really innocent, I would be happy to take every dollar his parents for his defense. But that he would be wasting his parents' money if the school system really did have so many witnesses of him in the act.  I told him that if he did it, he needed to come clean with me so I could work with the school system to get his expulsion revoked in favor of a less harsh sentence -- from my conversations with key people with the schools, I knew we had a very good chance of this because they too wanted to avoid costly litigation. During our various conversations, the son told me that he loved his parents (I really liked them too), of how his parents had come to the United States for him and that he did not want them to have to spend so much money on his defense because he had in fact done the deed for which he had been expelled.

He also poured forth with how difficult it was being the only Asian at his school. His school had "Americans" and "Hispanics" (his language, not mine) and nobody, including him, was sure in which group he fit. He said he had done this bad act to fit in (my language, not his).

I explained all this to the school people, got the expulsion reduced to time already served by way of a suspension. I ended up really liking the kid and I "felt his pain" as a kid without any natural peer group.

For a long time, Maytag Appliance was one of the leading (the leading) employers in Newton. It and its thousands of jobs are now gone and its quite large, quite nice office building has a "For Sale or Lease" sign out front. Maytag was purchased by Whirlpool and its Newton operations (both manufacturing and corporate) moved elsewhere. How much of that was due to China? How much of that do Newtonians pin on China? Does anyone blame the local Chinese (gosh, I sure hope not!)? On the flip side, I kept hearing about how the price of farmland in Iowa is at record highs and how the price of pork is doing just fine as well. I am sure China plays some role in this and I wonder if or how this is considered.

Are there studies or surveys or articles on any of this? 

What do you know?

Cool China T-Shirts. At Last.

I spent my junior year in high school in Istanbul, Turkey. Before I left Istanbul, I sold all of my English language t-shirts for around three times what I had paid for them new. I remember getting $30 for my  "Harris County Community College" t-shirt, which should have had no value to anyone other than me (or anyone else with the last name "Harris") or to those who attended that school.

What has always bothered/puzzled me is how in so many countries the only t-shirts you can buy are either of horrible quality or they say something on them like "Abercrimbie." This is generally true in China, where I gave up long ago on buying a really cool, Chinese language t-shirt for my kids.

I gave up too soon.

My law firm recently did some legal work for a company called Unlimited Delicious that just recently got into the business of selling really cool Chinese language t-shirts geared mostly toward a Western aesthetic (or at least one that my kids like).

There are two collections of t-shirts. One of the lines is Travel Hotspots and there you can get t-shirts with drawings of Beijing, Datong, Chongqing, Guilin, Guangzhou, Innner Mongolia, and Tongzhimen. The other line is called "Speak Up" and those shirts consist of drawings of pop culture references. 

If you want a great Chinese language t-shirt online, Unlimited Delicious is your place. I have even managed to snare a 20% discount for our readers who type in "CLB" right after checkout.

What do you think?

China Fashion. One Day You're In... And One Day You're Out.

I live in a house with three fashion-conscious females, which means a fairly steady TV diet of Project Runway and Fashion Police (both of which I really like), Say Yes to the Dress (which I hate) and What Not to Wear (which I despise maybe more than any show on TV). Overall, I love fashion because it is a leading source of business for my law firm. For years, we represented companies that sourced their clothes manufacturing to Korea, then China came along, and now Vietnam.

I have always liked fashion related clients because they have such interesting intellectual property issues which can vary so much from country to country. Can you copyright an article of clothing? Can you trademark it?  Can you copyright the design? What about "look and feel." It depends.

There are no fewer than three excellent fashion law blogs and all frequently discuss the IP issues inherent in the business:

I am talking about fashion today not just because there was no Project Runway episode this week, but because I just learned that Michael Zakkour, who has been helping foreign (mostly Western) fashion companies in Asia for many years (and with whom I have worked on many China/Vietnam projects), will be speaking in New York City next month on China fashion. The title of Mike's talk is "One Year on the Front Lines in China's Luxury and Apparel Markets." The talk is being put on by the Manhattan Chamber of Commerce, the Fashion institute of Technology and Technomic Asia and it will be on October 3.

Here's the blurb on Mike's talk:

China is now the number one market in the world for apparel and accessories and is also the world's largest market for a wide-array of other luxury and premium products.  Renowned China expert Michael Zakkour, Principal of Technomic Asia, a consulting firm, will take you on a fascinating journey into the world of Chinese fashion, apparel, accessories and luxury products, detailing a year-long study of what the consumers want, who is selling it to them, and how they do it.

Topics will include:

  • The China apparel and accessory market (market size and scope, current trends, business opportunities and hurdles, case studies, how to get started or expand in China)
  • China’s appetite for fragrances and body care products not made in China
  • A comprehensive look at the Chinese consumer (demographics, spending habits, what they want and what companies can deliver)
  • What the next 1-5 years will bring to China and why winning there is crucial for the survival of commercial pursuits

Mark Greiz, Professor at the Fashion Institute of Technology and Chief Consultant at MG Consulting will also be speaking. Professor Lawrence Delson of the Fashion Institute of Technology and New York University and President of Delson International Inc., will be moderating the event.

If you are involved in or interested in the fashion business as it relates to China, this is a can't miss event. 

China Law Blog Wants You To Suffer.

Yesterday, one of our lawyers, Mathew Alderson, wrote an overall pretty favorable review of Martin Jacques' book, When China Rules the World. In the comments section to that post, an excellent discussion is ensuing, mostly focusing on whether or not Jacques' various thesis are correct. I personally liked and agreed with the comment from "thinking too much," who said, "Good comments from everyone, even those who disagree with each other." 

But what I found most interesting was a sub-discussion between a number of the commenters regarding whether I (or my law firm or this blog) would prefer things to go well in the world or go badly. The first comment to address that issue was from "The Hobbit," who is of the view that we (me/my law firm/China Law Blog) needs an ascendant China:

However, for the purposes of China Law Blog and for your law firm, it is probably a good idea to preserve the notion of an ascendant China for as long as possible.

To which FOARP left the following comment, noting that we lawyers do just fine in downturns and that we "regularly" push doom-and-gloom here on the blog:

Dan, as a lawyer, would profit just as much from a collapse in China as he would from its continued success. Indeed, he regularly carries doom-and-gloom predictions on these very pages.

And then things got really weird. Otherworlder then left a comment essentially saying that he/she would cease reading CLB because we fervently want our readers to suffer.

"Dan, as a lawyer, would profit just as much from a collapse in China as he would from its continued success. Indeed, he regularly carries doom-and-gloom predictions on these very pages."

So THAT is why this blog always left a strange bad taste in my mouth!! Okay, I get it, will quit it from now on. It's just not quite worth the effort of sharing opinions when fundamental purposes and intents diverge. What's the point of listening to the opinions of those who don't wish you well? Lol.

Wow....wow.

Let me clear a bit of air here.

Does anyone actually believe that I or this blog or my law firm can influence world events? I sure don't. As proud as I am of our purported influence, I am 100% convinced that what we write on this blog is not going to influence the course of the world economy or the economy of China in the slightest. That being the case, even if we were to benefit from a tanking of the world economy (or from its ascendancy), who cares? I and my co-bloggers simply figure that if we cannot influence any economies, we might as well just tell the truth about them, to the best of our abilities. I mean, why not?

But would we benefit from China tanking? Probably not. The reality is that lawyers overall usually do best during periods of change, be the change good or bad. When an economy is rising fast, we get a lot of deal work. When an economy is tanking fast, we get breach of contract cases, work-outs and assorted other litigation or debt relief type work.

But as far as my firm goes, we do best when the economy is rising. When the economy tanked in 2008, we did very well for the first six months or so of the tanking, but when most of the issues arising from that tanking had mostly been sorted out, our business plateaued, not to rise again until the recovery started happening at the end of 2009. 99.9% of our clients are businesses that do business internationally. When they do well they have more money to spend both on us and on the deals that drive our business. So even if we did think we could influence the world's economies, we would be seeking to influence them on the upside.

I could go on and on with this, but I am starting to find this all a bit silly? Oh, and otherworlder, I wish you good riddance. 

 

On The "Chineseness" Of Gary Locke. Not My Language.

I don't know Gary Locke, the new ambassador to China, but I feel that I know a lot about him from the Seattle-Legal-China rumor mills. Almost without exception, those mills paint him as a good guy, capable, and moderate. I have also more than once heard that he isn't "really Chinese at all" or that he is "no more Chinese than I am."  

I do not even know exactly what it means to be "really Chinese" or for someone to be "more Chinese" than someone else and I am not and statements like that bother me. 

I think these statements are trying to get at how most (but I am sure not all) of Locke's formative influences came from his having grown up in the United States as a third generation American. Locke attended elementary school, middle school, high school, and college in the United States and rose through the ranks as a "normal" American lawyer-politiciant, starting out as a prosecutor and then eventually becoming a governer.  I think that these statements are also meant to reflect that we cannot simply assume Locke is an expert on China simply because he is ethnic Chinese. Does anyone dispute that if Locke were a Caucasian, nobody would be saying he's not "really German" or "not really French" or whatever?

I mention all of this after reading "Does Gary Locke Speak Chinese" on the Language Log Blog and Adam Minter's Bloomberg story, "New U.S. Ambassador Sparks Emotional Debate in China." Both articles talk of how Locke is perceived in China and in the United States and of whether he is seen as Chinese or not, particularly when he does not speak Mandarin. Both articles are very thoughtful and well worth a read.

These articles reminded me of a post I did a couple years ago, entitled, "Your Chinese-American VP Don't Know Diddley 'Bout China Law And I Have Friggin Had It," in which I talk of how American companies just assume their Chinese-American employee is an expert on everything China:

I have had it with US companies believing their Chinese-American Vice-President (or whatever) is somehow qualified to practice International law. Let me back up.

Many of our clients that do business in China have someone in their company driving their China business. This person is typically a Chinese-American who has been living in the United States for ten or more years. This person is oftentimes an engineer or some other technical person. This person typically is good at his or her job and has risen to a trusted position. This person is usually trusted by the company and the trust is usually justified.

In spite of this Chinese person's lack of ANY legal training or business training, this person is typically chosen to be the lead person to start up operations in China. The company is of the view that because this person grew up in China (even though this person probably has never done any real business there and has not been back but for a vacation or two in the last ten years) this person must know everything about the legal and business aspects of starting and running a company in China.

Everything.

Now step back, if you would, and think about the absurdity of that. Please.

Now once this Chinese person is put in total charge of bringing his or her company into China, what is this person to do? Can he or she tell the owner "hey, wait a minute, I left China at 15 years old, and I am an engineer, not a marketer and not a lawyer?" He or she could, but is this going to happen? Of course not. This person instead is delighted to have been essentially handed an entire country to run and this person is going to run with it. So this person acts like starting and running a foreign company in China is a piece of cake.

Now I would not have a problem if these companies simply went with their Chinese "experts" and did not call us until they want us to scrape them off the floor. We have gotten a million such calls from companies that have gone into China with just their Chinese VP giving the legal advice and our response to their problems is nearly always the same: "Your chances are not good, but for a lot of money we can try. Oh, and the next time you go into a foreign country, you might want to consider hiring someone who actually knows what the f--- they are doing." Okay, so I've never really said that, but darn, I have really wanted to.

But now that Americans are getting "smarter" and word has gotten out on how badly other American companies have fared by going into China the wrong way, they are starting to call us before it is so late that all I can tell them is how badly they have done things. And one would think that would be good, right? Well, not always.

For you see, some of these companies want us to "oversee" their trusted Chinese VP and that is where the problems lie. We have had a number of these in the last year and they tend to be really bad news. I am going to explain some of these, but be vague enough, and mix the facts enough so that there is no way anyone can identify themselves. In other words, these stories are all based on facts, but any resemblance to anyone living or dead is purely coincidental. The bottom line on all of these is that the American company (and in one case British company) start out all worried about how my law firm's involvement might be seen as "stepping on the toes" of their Chinese VP.

I think Locke was an inspired pick as U.S. ambassador to China and I am confident he will do a fine job in that role (just as he has done in his previous governmental roles). I just hope that he ends up being judged by what he does and not on his ethnicity. Is that too much to ask?

What do you think?

Noodle Blogs: Your Absence Swells My Eyes With Tears, So I Am Seeing "Red In China."

By Damjan DeNoble

Years ago Dan used the phrase "Noodle Blogging" to describe China blogs (often written by ESL teachers)  that focused mostly on the blogger's personal impressions of China. 

Most of these blogs do not last long (they typically end when the blogger returns to his or her home country) but some of them have built up loyal followings and continue to shine.

By now Ryan McLaughlin has to be king of this better-noodle genre. As the pen behind the once mighty Humannaught, the still there expat portal, Lost Laowai, and the only relevant China news aggregator HaoHao Report, Ryan has evolved from China blogger to China blog shepherd for the would-be China hand, guiding thousands of new eyes to various topics each day.

Ben Ross was the plucky original, with his blog, An American Hairdresser in China. Ben chronicled his experience learning Chinese and coping with his Chinese bosses in a Beijing barber shop. This series of posts ended when Ben returned to the States, but it is still worth reading for every hilarious tidbit. (Why no book yet Ben?).

The international entry, from New Zealand, is bezdomny ex patria. This is the guy you want to have dinner with when you come to Beijing, preferably at a place that doesn't mind loud conversation. His self-described ramblings are straight from mouth to page, like the transcript of a licensed court reporter. Even though his life as a new dad has reduced his blogging of late, reading his archives is the next best thing to living in Beijing.

My personal favorite noodle blog has to be the genius mad house 10Tonfunk, presided over by the equally genius-crazy Fred Dintenfass, before he returned to New York this past Spring. His street poetry, archived under the "Song of Songs" tab, and the modernist works of fiction and graphics design found under his Hi-Art tabs come highly recommended as a singularly unique set of reflections on life in China. 

Over the last half of the aughts, however, noodle blogging has largely been co-opted into the social network noodle bowl (maybe more of a 'ZuckerLinked Sausages' bowl?), which has allowed travelers to impart their hutong discoveries in the quick-click verse of newsfeeds and microposts. Now it feels like the China blogosphere is a little empty (indeed, it may be dead) without the noodle blogs we once loved and loved to shun.

That makes the Seeing Red In China blog a most pleasurable anomaly. It is the herald of China noodle blogging version 20.11.

Seeing Red In China's author, Tom, has traveled the China road less spit on, preferring to start in the country's rural heart and only then work his way towards the coast:

For the past four years I’ve been living in China, but my interest in the middle kingdom started almost a decade ago when I started reading every book about Chinese history I could get my hands on. My goal throughout college was to one day live in China, and when I got the chance to work for a Chinese Christian organization working in education in rural China, I jumped at the chance.

I arrived in Longzhou, a town so small few people had heard of it even within the province, completely unsure of what to expect, but with my background in East Asian Studies and Anthropology I was sure that I could handle it. I lived in villages for two years in Guangxi, before moving to Chengdu for a year. I currently live in Nanjing and am experiencing a completely different part of life in China.

Tom's popularity (and one only need look at the quantity of comments he receives to know he is popular) is due in large part to not straying from his mission statement:

My goal is to slowly cover every aspect of modern China, and to avoid simple black and white explanations of what is happening in this country of nearly 1.4 billion people.

Tom meets the call of his mission statement by offering up original journalism that evenhandedly evaluates China. Tom's posts are original and offer his readers an honest window into the unique humdrum of everyday Chinese life .

Some of his very best articles address challenges facing China's health-care infrastructure. Tom presents these issues through intimate portraits of people he meets as a teacher/worker in a Chinese hospital.

The post "Mental Health in China - a personal case,"is a typically compelling read. It deals with both mental health services access and commercialized abortions in China, while staying within the confines of a very human interaction with a seventeen year-old student struggling to find someone to talk to after a harrowing sexual encounter and an unwanted pregnancy:

One night I received a phone call from a female student who was incredibly distraught. Both myself, and my teaching partner spent close to an hour talking with her on the phone that night in an effort to calm her down. She didn't want to live anymore, but could not tell us why. All we knew at this time was that it had something to do with her breaking up with her boyfriend.

These break ups are much more serious in China than what I have witnessed in the States. Here boys are encouraged to date around a little, but if a girl has had more than 2 or 3 boyfriends it can be considered fairly scandalous. At my previous school a girl had thrown herself into the river because she couldn’t handle Valentine’s day after her boyfriend left her.

Tom's writing skills must come, at least in part, from his listening skills:

Finally though she decided that she was ready to tell us what had happened. One night she had been out with her boyfriend and his friend, and they were all drinking (they were only 17).  Her boyfriend was called home, and she was left there with his friend. That night he raped her. If that wasn't awful enough, he told her that if she didn't continue to have sex with him, he would tell her boyfriend that she had seduced him.

Tom often fills his posts with facts, integrating them as elements of the story:

In China (and other Asian cultures) women are often so socially powerless that in situations like this it feels impossible for them to escape. He had targeted her weakness, and she knew if her boyfriend found out, her parents would too, and they would no longer love her (this is partially just the emotions of a 17 year-old girl, not everything is China’s fault).

After being blackmailed for sex by this boy three or four more times, she realized that she was pregnant. As a young unmarried woman, her only choice as she saw it was to have an abortion. She knew that this was a common procedure, and one that she shouldn't feel bad about, since that was what the advertisements on the bus told her (they do actually advertise abortions on the bus).

She went to the cheapest clinic she could find. She told me about a month after it had happened that she knew that she was going to be a mother, but that they “cut out the baby." There had been complications from the procedure as well, and she was told that she would be infertile.

I for one, hope that Tom really is a signal of what is to come in the new China blog order. Do check out the rest of this post at Seeing Red In China and Tom's other posts as well.

What other noodle bloggers out there should we be checking out?

Anti-Monopoly Law And Practice In China: A Must Read.

I recently received the book, Anti-Monopoly Law and Practice in China, written by H. Stephen Harris, Jr. (no relation), Peter J. Wang, Yizhe Zhang, Mark A. Cohen, and Sebastian J. Evrard. All of the authors are practicing lawyers, one with Microsoft, one with Baker & McKenzie, and the others with Jones Day.

I know this is going to make me sound like a complete geek, but I was hugely excited to receive this book.  I know or know of most of the authors and they are among the leading China antitrust experts. China's antitrust laws are relatively new and to a large extent untested so I was excited (yes, I know I already used that word) to see how this book would handle that. It handled that and everything else with aplomb. 

This is an absolutely amazing book.

Amazing because it is clearly written, comprehensive and highly relevant and that is a rare beast among law books. 

I actually started my career as an antitrust lawyer and so I am not unfamiliar with the topic. The book not only does an exceptional job covering China's anti-monopoly laws, it does an exceptional job putting them in their context. As a small firm that represents mostly SMEs, my firm is not going to be doing much big-time antitrust work in China. But, we constantly handle intellectual property rights issues and the book contains an excellent chapter on "Intellectual Property Rights Under the AML."  We also surprisingly often deal with Chinese unfair competition matters and the book covers that with its superb chapter on "Competition-Related Laws Other than the AML [Anti-Monopoly Law]" which is highly relevant for just about any business in or involved with China. 

To quote some of those who received an advance copy:

This is an extraordinary treatise on the Chinese Anti-Monopoly Law, and should be on the desk or nearby shelf of every antitrust practitioner, academic and policymaker whose work or interest involves modern-day China, the relationship of the state to the market, and its transition to a socialist market economy. The book is an invaluable resource. It is clear, straightforward, and comprehensive in its presentation of the fundamental details, its identification of the ambiguities, and its overview and perspective."
--Eleanor Fox

Anti-Monopoly Law and Practice in China is an insightful and comprehensive account of an increasingly important area of Chinese law. The authors provide detailed coverage of a number of important issues that are central not only to the development of China's Anti-Monopoly Law, but also are at the heart of China's rise as an economic power. It will be helpful reading for practitioners, scholars, and policy-makers."
--Benjamin L. Liebman 

"Chinese Anti-Monopoly Law (AML) is now one of the most important antitrust regimes in the world, and this book provides the first comprehensive analysis of the AML. It describes not only the substantive and procedural provisions of the law, but also compares the AML with other antitrust regimes, and describes relevant cases since its implementation. This book will be useful to any corporation doing business in China as well as anyone interested in China's economic and legal systems."
--Xiaoye Wang

I wholeheartedly agree with all three.

If you are an English speaking lawyer involved with China, you need to read this book and keep it on your shelf.  Now.

Google+ For China. You Heard It Here First.

Just read a surprisingly interesting article on social networking on Business Insider, entitled "LinkedIn CEO: Does Anybody Have The Free Time For Google+?." The article is on recent talks given by Linkedin CEO Jeff Weiner, super-agent Ari Emanuel (of Entourage fame) and Kara Swisher of AllThingsD.

Among other things, these three talked about the limitations of social networks.

I liked Weiner's take:

"Nobody has any free time," he said. "Unlike social platforms and TV, which can coexist, you don't see people using Twitter while they're using Facebook, or using Facebook while they're using Linkedin."

He went on to say that the social networking landscape has been pretty straightforward in recent years-- people generally use Linkedin for professional networking, Facebook for family and friends, and Twitter to microcast their thoughts to an audience. But, "you introduce Google+, where am I going to spend that next minute or hour of my discretionary time? I have no more time."

The writer then notes that "at some point social networking becomes a zero sum game. For Google+ to win in the mainstream, somebody else is going to have to lose." I agree..

Here is my take on these mediums as they relate to social networking, in general, and to China, in particular:

Blogs. I had this discussion just yesterday with Damjan DeNoble of Asia Health Care Blog (and a summer associate at my law firm). We were bemoaning how so many of the great China blogs either no longer exist or are posting far less. I attribute this in large part to blogging having become less social. In the old days, this blog used to fairly frequently get hundreds of comments on a post. That virtually never happens anymore despite the fact that our readership is considerably higher now than it was then. Most people read blogs through RSS feeders as a source of information. They then tend to go elsewhere to communicate about what they have read.

Twitter. I was once a Twitter fan. I even did a quasi-mandatory blog post on China people on Twitter. I loved its immediacy. I loved getting five good answers within fifteen minutes of tweeting my question as to the best hotel in Urumqi for taking a deposition that could be broadcast over the internet (this really happened). But eventually, I got tired of how Twitter's 140-character limit seemed to lead more to self-promotion than to real discussion and I shut it down. For a fuller explanation on why I am so down on Twitter, check out, "Is Twitter Relevant for China?." I don't think it is.

Linkedin. I have been on Linkedin since forever and I have always really liked it, both for what it is and for what it isn't (though it seems to be trying a bit too hard to become what it isn't). I like how Linkedin lets me keep easy tabs on "my people," which means anyone with whom I have crossed paths and have thought something along the lines of "I like that person," or "that person knows his stuff," or "I am going to have to remember that person for the next time my client needs help from a shoe factory expert in Xinjiang." I spend maybe five minutes a day on Linkedin, but in that time, I can see what has changed with my people and if one of my people has been promoted or changed jobs or whatever, I can send them a quick note congratulating them on their newest accomplishment. If you are one of "my people" and we have not yet linked, check me out here and let me know. And how cool is it that my Linkedin url is www.linkedin.com/in/chinalaw

I also like Linkedin for its groups feature, which is my segue into making an unmitigated plug for the China Law Blog Group on Linkedin. It is a place for vibrant China discussions, Q&A, and networking. Most important of all, it is blissfully and near-religiously spam free. If you have not already joined it, you most certainly should and you can do so by going here.

Linkedin is trying to be more immediate and social, but I don't think it has or ever really will succeed at that. 

Facebook. I have never liked Facebook for anything more than stalking my two eminently charming daughters so I can surprise, embarrass and/or piss them off with my knowledge of their social lives.

Facebook is weird.

I don't like how people I barely knew in high school ask to friend me. I don't like how I always accept those friend requests because I don't want to offend anyone. I don't like how someone with whom I came to blows in college (and who pulled my hair when I got him in a full nelson) has asked me at least three times to be his friend. I don't like how other people from my college who I do not even remember have asked me to friend them, forcing me to consult with my far more social college roommate on whether to accept or not.

Most of all, I dislike how what I say is broadcast to all of my "friends." Both my mother and 14-year-old daughter can see me swear up a storm when I am angry, and be bored stiff when I post my thoughts on China.  I am also uncomfortable with my clients and business associates seeing me in social situations. I am from the old school and believe (and I am half-kidding here) that my clients should think that I am working on their particular matters 19 hours a day.

I have many China-related friends on Facebook, but my level of interest in what they have to say can really vary. Some of these people are real friends of mine (you all remember what real friends are, right? I mean as opposed to Facebook “friends”) and I want to know when they are off to Brazil or Xi'an on vacation. As for some of the China people whom I respect but do not consider friends, I could do without hearing about the great spaghetti bolognese they just cooked up.

Google+.  I am really liking Google+ and I am convinced just about all "China people" will eventually migrate over there and make it THE place for China discussions.

The two things I like most about Google+ are its circles feature and its newness. Its circle feature is sheer genius. Now I know Facebook allows you to form groups and divide out your friends that way, but near as I can tell, people don't really do that. People do do that on Google+, however, because it is so easy and it is pretty much mandatory. So I have set up a China circle in which I have put all of the China people I know who I have been able to find on Google+. I put some of those people into my circle of "business friends" as well, consisting of people I know mostly from business, but truly know and like. An even more select few have made it into my friends circle, reserved for real friends.  The beauty of Google+ is that nobody knows the circle or circles in which I have put them. The other beauty of the circle thing is that on busy days I just check my friends and family circles and I skip the rest. 

I am telling you, this thing is working. Good China people are already on there,  good information is being conveyed, and good discussions are ensuing.

The newness of Google+ is also a plus (bad pun intended). I like how I can take all that I have learned from other social networking sites and apply them to Google. It's a fresh start. The people I never knew in college? They can put me in whatever circle they like, but I am going to put them in my "sandbox circle" until I have figured out where they ultimately belong.  Just as my iPhone has a folder called "unused" for those apps I barely ever use, I know I will eventually create something similar for those people whose comments I want to read only during the third year of my retirement, if I ever retire. Just have to think of the right name for it....

My grand plan is to start pushing some of my Facebook friends over to Google+ and then to shut down my Facebook account entirely. I hope to accomplish this within the next few months, but no way will I go into 2012 with my Facebook account intact. Google+ and Linkedin are all I need. Take that Zuckerberg.

I am here on Google+ (my profile is still a work in progress). Circle me if you want to know what I am saying there (pretty much nothing so far) and I will probably put you in one of my circles. Just don't bother asking me which one.

What do you think? Is Google+ the future for those interested in China? Where do Facebook and Linkedin fit into the China discussion and into your life? Does Twitter even matter?

Martin Jacques On Understanding The Rise Of China.

A client of mine directed me to a link of a Tedx talk by Martin Jacques on China. I watched it and liked it so much I wanted to share it with our readers. You can watch and listen to the speech here and below is a transcription of Mr. Jacques' speech.

It is certainly thought provoking. What do you think?

The world is changing with really remarkable speed. If you look at the chart at the top here, you’ll see that in 2025, these Goldman-Sachs projections suggest that the Chinese economy will be almost the same size as the American economy. And if you look at the chart for 2050, it’s projected that the Chinese economy will be twice the size of the American economy, and the Indian economy will be almost the same size as the American economy. We should bear in mind here that these projections were drawn up before the western financial crisis. A couple of weeks ago I was looking at the latest projection by BNP Paribas for when China will have a larger economy than the United States.  Goldman-Sachs predicts 2027; the post-crisis projection is 2020. That’s just a decade away.

China is going to change the world in two fundamental respects. First of all, it’s a huge, developing country with a population of 1.3 billion people, which has been growing for over thirty years at around ten percent a year. And within a decade, it will have the largest economy in the world. Never before in the modern era has the largest economy in the world been that of a developing country, rather than a developed country. Secondly, for the first time in the modern era, the dominant country in the world, which is what I think China will become, will be not from the west and from very, very different civilizational roots. 

Now, I know it’s a widespread assumption in the West that as countries modernize, they also westernize.  This is an illusion. It’s an assumption that modernity is a product simply of competition, markets and technology. It is not; it is also shaped equally by history and culture.  China is not like the west, and it will not become like the west. It will remain, in very fundamental respects, very different.

Now, the big question here is obviously, well, how so we make sense of China? How do we try and understand what China is? And the problem we have in the West in the moment, by and large, is that the conventional approach, is that we understand it really in western terms, using western ideas. We can’t.  Now, I want to offer you three building blocks for trying to understand what China is like, just as a beginning. The first is this: that China is not really a nation-state.  Okay, it’s called itself a nation-state for the last hundred years. But anyone who knows anything about China knows it’s a lot older than this. 

This is what China looked with the victory of the Qin dynasty in 221 BC at the end of the warring state period, the birth of modern China, and you can see it against the boundaries of modern China. Or, immediately afterwards, the Han dynasty, still 2,000 years ago, and you can see already it occupies most of what we know as eastern China, which is where the vast majority of Chinese lived then and live now.  Now what is extraordinary about this is that what gives China it’s sense of being China, what gives the Chinese the sense of what it is to be Chinese, comes not from the last hundred years, not from the nation-state period, which is what happened in the West, but from the period, if you like, of the civilization-state. And thinking here, for example, of customs like ancestral worship, of a very distinctive notion of the state, and likewise a very distinctive notion of the family, social relationships like guangxi, Confucian values, and so on, these are all things that come from the period of the civilization-state. In other words, China, unlike the western states and most countries in the world, is shaped by its sense of civilization; its existence as a civilization-state rather than as a nation-state.

And there’s one other thing to add to this, and that is this: of course we know China is big; it’s huge, demographically and geographically, with a population of 1.3 billion people. What we often aren’t really aware of is the fact that China is extremely diverse and very pluralistic, and, in many ways, very decentralized. You can’t run a place on this scale simply from Beijing, even though we think this to be the case. It’s never been the case. 

So this is China: a civilization-state rather than a nation-state. What does it mean? Well, I think it has all kinds of profound implications. I’ll give you two quick ones: the first is that the most important political value for the Chinese is unity, is the maintenance of Chinese civilization. Two thousand years ago, Europe, breakdown, the fragmentation of the Holy Roman Empire; it divided, and it’s remained divided ever since.  China, over same time period, went in exactly the opposite direction, very painfully holding this huge civilization- civilization-state- together. 

The second is Hong Kong. Do you remember the handover of Hong Kong by Britain to China in 1997?  You may remember what the Chinese constitutional proposition was: one country, two systems. Wager that barely anyone in the West believed them. Ha, window dressing. When China gets its hands on Hong Kong, that won’t be the case. Thirteen years on, the political and legal system in Hong Kong is as different as it was in 1997.  We were wrong. Why were we wrong? We were wrong because we thought, naturally enough, in nation-state ways. Think of Germany's unification in 1990. What happened? Well basically, the East was swallowed by the West. One nation, one system: that is the nation-state mentality. But you can’t run a country like China, a civilization-state, on the basis of one civilization, one system. It doesn’t work. So, actually, the response of China to the question of Hong Kong, as it will be to the question of Taiwan, was a natural response: one civilization, many systems. 

Let me offer you another building block to try and understand China, maybe not such a comfortable one.  The Chinese have a very, very different conception of race than most other countries. Do you know, of the 1.3 billion Chinese, over ninety percent of them think they belong to the same race, the Han. Now, this is completely different from the world’s other most populous countries. India, the United States, Indonesia, Brazil: all of them are multiracial. The Chinese don’t feel like that; China is only multiracial, really, at the margins. So the question is, why? Well the reason, I think, essentially is, again, back to the civilization-state. A history of at least two thousand years, of history, of conquest, occupation, absorption, assimilation, and so on, led to the process by which, over time, the notion of the Han emerged, nurtured, of course, by a growing and very powerful sense of cultural identity. 

Now, the great advantage of this historical experience has been that without the Han, China could never have held together. The Han identity has been the cement which has held this country together. The great disadvantage of it is that the Han have a very weak conception of cultural difference. They really believe in their own superiority, and they are disrespectful of those who are not.

Or let me give you my third building block of the Chinese state. The relationship between the state and society in China is very different from that in the West. Now, we in the West overwhelmingly seem to think, these days at least, that the authority and legitimacy of the state is a function of democracy. The problem with this proposition is that the Chinese state enjoys more legitimacy, and more authority, among the Chinese, than is true with any western state. 

And the reason for this is because, well, there are two reasons, I think. And it’s obviously got nothing to do with democracy, because, in our terms, the Chinese certainly don’t have a democracy. But the reason for this is, firstly, because the state, in China enjoys a very special significance, as the representative, the embodiment, and the guardian of Chinese civilization, of the civilization-state. This is as close as China gets to a kind of spiritual role. 

And the second reason is because, whereas in Europe and North America the state’s power is continuously challenged -- I mean, in European tradition, historically against the Church, against the sections of the aristocracy, against merchants, and so on -- for one thousand years, the power of the Chinese state has not been challenged. It’s had no serious rivals. So you can see that the way in which power has been constructed in China is very different from our experience in western history. The result, by the way, is that the Chinese have a very different view of the state. Whereas we tend to view it as an intruder, a stranger, certainly an organ whose powers need to be limited, defined, and constrained, the Chinese don’t see the state that way at all. The Chinese view the state as an intimate. Not just as an intimate, actually, but as a member of the family. Not just, in fact, as a member of the family, but as the head of the family: the patriarch of the family. 

This is the Chinese view of the state. Very, very different to ours. It’s embedded in society in a different kind of way, to what is the case in the West. And I would suggest to you that, actually, what we are dealing with here in the Chinese context is a new kind of paradigm, which is different than anything we’ve had to think about in the past. You know, China believes in the market and the state. Adam Smith, writing in the late eighteenth century, said that the Chinese market is larger, and more developed, and more sophisticated than anything in Europe. And apart from the Mao period, that has remained more or less the case ever since. 

But this is combined with an extremely strong and ubiquitous state; the state is everywhere in China. I mean, its leading firms, many of them are still publicly owned. Private firms, however large they are, depend, in many ways, on state patronage.  argets for the economy, and so on, are set by the state.  And the state, of course, its authority flows into many other areas, as we are familiar with, as in something like the “one child” policy. 

Moreover, this is a very old state tradition, a very old tradition of statecraft. I mean, if you want an illustration of this, the Great Wall is one; but this is another (shows photograph of a canal). This is the Grand Canal, which was constructed in the first instance in the fifth century, BC, and was finally completed in the eighth century, AD. It went for 1,114 miles, linking Beijing with Hangzhou and Shanghai. So there’s a long history of extraordinary state infrastructural projects in China, which I suppose helps us to explain what we see today, which is something like the Three Gorges Dam (shows photo) and many other expressions of state competence within China.

So there we have three building blocks for trying to understand the difference that is China: the civilization-state, the notion of race, and the nature of the state and its relationship to society. And yet we still insist, by and large, on thinking that we can explain China by drawing on western experience, looking at it through western eyes, using western concepts. If you want to know why we unerringly seem to get China wrong, our predictions about what’s going to happen to China are incorrect, this is the reason.  Unfortunately I think, I have to say, that I think our attitude toward China is that of a kind of “little Westerner” mentality. It’s arrogant. it’s arrogant in the sense that we think that we are best and therefore we have the universal measure, and secondly, it’s ignorant. We refuse to really address the issue of difference. 

You know, there’s a very very interesting passage in a book by Paul Cohen, the American historian, and Paul Cohen argues that the West thinks of itself as probably the most cosmopolitan of all cultures. But it’s not. In many ways, it’s the most parochial. Because for the last two hundred years, the West has been so dominant in the world that it’s not really needed to understand other cultures, other civilizations. Because at the end of the day it could, if necessary, by force, get its own way. Whereas those cultures -- virtually the rest of the world -- which have been in a far weaker position vis-à-vis the West, have been thereby forced to understand the West because of the West’s presence in those societies. And therefore they are, as a result, more cosmopolitan, in many ways, than the West. 

I mean, take the question of East Asia. East Asia, Japan, Korea, China, etc.. A third of the world’s population lives there. Now the largest economic region in the world. And I’ll tell you now that East Asians, people from East Asia, are far more knowledgeable about the West than the West is about East Asia.  Now, this point is very germane, I’m afraid, to the present. Because what’s happening, back to that chart at the beginning, the Goldman-Sachs chart, what is happening is that, very rapidly in historical terms, the world is being driven and shaped not by the old, developed countries but by the developing world. We’ve seen this in terms of the G-20 usurping, very rapidly, the position of the G-7 or the G-8. 

And there are two consequences of this: first, the West is rapidly losing its influence in the world. There was a dramatic illustration of this, actually, a year ago at the Copenhagen climate change conferenc where Europe was not at the final negotiating table. When did that last happen? I would wager it was about two hundred years ago. And that is what is going to happen in the future. And the second implication is that the world will inevitably, as a consequence, become increasingly unfamiliar to us, because it will be shaped by cultures and experiences and histories that we are not really familiar with or conversant with. And at last, I’m afraid, take it America and Europe are slightly different, but Europeans, by and large, I have to say, are ignorant, are unaware about the way the world is changing. I’ve got an English friend in China who said, ‘the continent is sleepwalking into oblivion.’ 

Well, maybe that’s true, maybe that’s an exaggeration. But there’s another problem that goes along with this, that Europe is increasingly out of touch with the world, and that is a loss of a sense of the future. I mean, Europe once, of course, commanded the future in its confidence. Take the nineteenth century, for example. But this, alas, is no longer true. If you want to feel the future, if you want to taste the future, try China (shows photo of statue of Confucius); there’s old Confucius. This (shows photo) is a railway station the likes of which you’ve never seen before; it doesn’t even look like a railway station. This is the new Guangzhou railway station for the high-speed trains. China already has a bigger network than anywhere else in the world, and it will soon have more than all the rest of the world put together.

Or take this (shows photo); now this is an idea.  It’s an idea to be tried out shortly in a suburb outside of Beijing. Here you have a mega-bus, on the upper deck it carries about two thousand people, it travels on rails down a suburban road, and the cars travel underneath it. And it does speeds of about up to 100 miles per hour. Now this is the way things are going to move, because China has a very specific problem, which is different from Europe and different from the United States: China has huge numbers of people and no space. So this is a solution to a situation where China’s going to have many, many, many cities over twenty million people. 

Well, what should our attitude be toward this world we see very rapidly developing before us? I think there will be good things about it, and bad things about it. But I want to argue, above all, a big-picture positive for this world. You know, for two hundred years, the world was essentially governed by a fragment of the human population. That’s what Europe and North America represented. The arrival of countries like China and India, between them thirty-eight percent of the world’s population, and others like Indonesia and Brazil and so on, represent the most important single act of democratization in the last two hundred years.  Civilizations and cultures which have been ignored, which had no voice, which were not listened to, which were not known about, will have a different sort of representation in this world. As humanists, we must welcome, surely, this transformation.  And we will have to learn about these civilizations. 

This big ship here (shows photo of two model boats) was the one sailed in by Zheng He in the early fifteenth century on his great voyages around the South China Sea, the East China Sea, and across the Indian Ocean to East Africa. The little boat in front of it was the one in which, eighty years later, Christopher Columbus crossed the Atlantic. Or, (shows photo) look carefully at this silk scroll made by Zhou Zhou in 1368. I think they’re playing golf. Christ! The Chinese even invented golf. 

Welcome to the future!  Thank you.

 

 

China Business. It Helps To Know The Culture.

A few months ago I spoke at a seminar out East at which Jason Patent also spoke. Jason gave the single best talk I have ever seen/heard on the cultural differences between China and the United States as those differences relate to business. Based on that, I asked him to write some guest posts on China's business culture and this is the first in what will be a three part series.

Jason is currently Vice President, Communications & Marketing for Orchestrall, Inc., a China- focused market access firm with its U.S. offices in Philadelphia and offices throughout China (Hong Kong, Beijing, Shanghai, Suzhou, Dalian, and Xi'an to be exact). Jason has over two decades of experience with China, including over seven years living in China and he is fluent in Chinese. Much of what Jason does today for Orchestrall involves helping foreign companies in China improve their China marketing and communications. Jason has a Ph.D in Linguistics from Berkeley, an M.A. in East Asian Studies from Stanford, and an A.B. in East Asian Studies from Harvard. Bottom line though is that he really really knows his stuff.  

So without further ado, here is Jason's first post:

Imagine for a moment that you’re going to set up a lemonade stand in Midtown Manhattan one hot Saturday afternoon. You know it’s going to be a tough sell, because New Yorkers are tough customers, and you have a lot of competition. So you want to take every step you can to ensure success. 

Question: Would you neglect to bring, say, cups? Or a table? Or a pitcher? Of course not.

Why, then, do so many Western companies send their people to China without proper training in the Chinese mindset? Business is unpredictable wherever you go. Companies spend countless dollars on ROI studies and risk management, just for a vague sense of certainty. Yet one enormous risk factor, and threat to ROI, is staring them in the face: the possibility of investing precious dollars and hours in sending people to China unprepared to deal with the day-to-day muck of living and working in China.

In a recent report on failed expat assignments in China, executive coach Ed Britton wrote: “Western culture notices things if they are easy to see and measure. The effects of culture don’t translate easily to accounting records. But, start counting the number of expatriates who don’t complete their stay, and that number will go straight to the bottom line.”

One such example came to me through some colleagues with years of experience in China. They once came across an American executive whose entire, carefully planned, hard-fought-for China venture came crashing down for lack of mindset preparation.

The executive was an American businessman trying to hawk his wares in Southwest China. It was a major venture, and he felt prepared. After all, his firm had grabbed major contracts throughout the U.S. and Europe, and he was no neophyte when it came to doing the research, wrangling local support, and doing what he had to in order to succeed.

Investing significant resources in connecting with the right people, he managed to secure a personal meeting with the Governor and Vice Governor of one of the provinces in the region — no small feat. But he blew it. Despite all his business savvy and preparation, in one meeting — one meeting — he sent his China prospects down the tubes.

Here’s what happened. A take-charge guy, this American businessman knew what he wanted and never hesitated to share his thoughts with subordinates and colleagues. His direct style had been a major factor in his success. But in China it was disastrous. He began the meeting with the Governor and Vice Governor as if he were running it. After all, he had set it up; it was his show. They were there to hear what he had to say. Right? Wrong. Strike one.

Not long into the meeting, the businessman expressed some concerns about some problems he had encountered working with the provincial government. The Governor sought to reassure him, using a common Chinese term, fàngxīn, which in this context translates best as “don’t be worried.” Unfortunately, the interpreter used a different translation, appropriate to other contexts, but not to this one: “Take it easy.” Which might as well have been, “Relax, buddy, there’s no problem here.” One small misunderstanding led to another; tension increased. Strike two.

Feeling threatened and unsure of the situation, the businessman did what came naturally to him as an American: he dug in his heels. He restated his concerns with more vigor, laying the blame at his counterparts’ doorstep. The Governor, in turn, handled a clearly upset person the only way he knew how. Laughing nervously and trying to reassure the man, he used the same phrase he’d used before: “Don’t be worried.” But the American didn’t get it. Strike three.

The result? Inevitable, and predictable. A year’s worth of investment, preparation and research down the drain. His venture went nowhere.

This businessman was no Pollyanna. He was savvy enough to know the value of meeting with well-placed government officials, and to make the meeting happen. That’s already further along than 99 in 100 Western businesspeople in China. Yet it wasn’t enough.

What makes this story even more painful is how predictable the entire affair was to anyone with on-the-ground experience in China. It would have taken a minimal investment of time and money for this executive to be properly prepared.

Sadder still, stories like this play out every day in China. So very many opportunities are missed, and so very much time and money are wasted — and all for something completely predictable and avoidable.

Business is not just business, despite our American insistence to the contrary. The only way to succeed in China is with the curiosity to examine our own beliefs and practices, and the humility to see other ways of doing things as equally valid. And the good sense to spend a bit of time and money now to save, and make, much more down the line.

The China Rich....Are Not Like Us?

Just got an email from a long-time loyal reader who is now in England studying law. His email was a combination of updates and thoughts and I just loved one portion of the thoughts. This person spent considerable time in Beijing tutoring children of high level Chinese executives, mostly bankers, and here, word for word, are some of his random, insightful thoughts from that experience:

1) None of them had counterfeit stuff in their houses. Even their DVDs were genuinely bought from Walmart, or HK, unlike most Westerners, whose apartments are full with fakes bought openly in Sanlitun.

2) None of them wanted their kids to go to university in China. They all universally hated China's education system and its high pressures. They all universally pushed their children to top their classes.

3) All of them were getting books banned in China from their frequent trips to HK, or from friends bringing them in. The recent one on WenJiaBao was common, but they also had stuff on Mao, T1a-nanmen etc. They would read and discuss them openly and their kids would read them too.

4) None of them wanted any kind of immediate reform. The best you could get was an admission that the government now was pretty 'arrogant' off how well they'd done in the past 3 years. One said this could be hubristic, others said it was well deserved.

5) The currency trader told me that on the day the government announced to great fanfare they'd allow some appreciation of the RMB, he was called in and told to generally not consider this as significant in his trading decisions.

6) The book industry in Beijing at least, must be doing well. Their book stores are massive emporiums, floor to ceiling on 6 levels of books, and incredibly busy. I asked why people don't go for ereaders. Was told they liked the feeling of choosing the books, and the smell!

The above all jibes with what I have seen with the Chinese lawyers in China with whom my firm works.  

What do you think?

 

Chinese Business Law and Practice. Santiago, Chile, November 25-26, 2010.

Pontificia Universidad Católica de Chile (Catholic University of Chile)  is putting on a China law seminar in Santiago, Chile, later this month. The seminar will take place on November 25 and November 26 and I am confident it will be excellent. For more information on the conference go here and to register go here. My confidence stems from my having known for years the person behind this event, Marcos Jaramillo, and having complete faith (in the secular sense of the word) that he will not do anything less than a superlative job.  I have known Marcos since he was in the private practice of law at one of Santiago's top law firms and was known in Chile as the "China lawyer." Marcos now teaches Chinese and Japanese Law at the Catholic University of Chile.

The seminar bills itself as “a practical and in-depth analyses of the latest legal and tax issues facing companies with operations or business opportunities in China” and it is going to consist of the following speakers and topics:

  • Ms. Hua Yang (Attorney, Grandall Law Group, Beijing): Launching a Business in China
  • Mr. Hongliang Wang (Professor, School of Law, Tsinghua University, Beijing): Contracts in China
  • Ms. Yuan Gao (Attorney, WilmerHale, Beijing): Taxes for Foreign Enterprises and Foreign Individuals in China
  • Mr. Jaime Ubilla (Attorney, UB & Co., Shanghai): Manufacturing, Processing, and Sourcing. Technology Projects and Joint Ventures
  • Mr. Hernan Felipe Errazuriz (Former Chilean Minister for Foreign Affairs; Partner, Guerrero, Olivos, Novoa, Errazuriz Abogados): Chilean Foreign Policy Towards China and Asia
  • Ms. Hua Yang (partner, Grandall Law Group, Beijing): Labor Law in China
  • Mr. Weixing Shen (PhD, Vice Dean, School of Law, Tsinghua University, Beijing): Property Law in China, Practical Issues
  • Mr. Donald Clarke (Professor, The George Washington University, Washington DC): Transnational Litigation Involving China
  • Mr. Odean Volker (Attorney, Haynes & Boone LLP, Houston): Commercial Dispute Resolution, Enforcing Commercial Rights and Litigation in China -- Use of Arbitration

I know Professor Clarke and I know him to be hugely knowledgeable about transnational litigation and I have read one of Professor Wang's artilces on Chinese litigation and found it excellent. I am also impressed at how many people have come so far to speak at this event. 

Again, click here for more information. And if you go, tell Marcos that Dan sent you.

China Business Network. It's Everywhere You Want To Be.

I have been a member and a big fan of The Chinese Business Network for quite some time and I have been meaning to write a post on it for nearly as long. But the site is so all-encompassing, I have not really known what to say beyond, "go there, you will like it. But when I received my weekly email from Janet Carmosky, the force behind the China Business Network, that explained the purpose behind the Network, I knew it was time to post.

Though let me start out by saying, go there, you will like it.

The key portion of Ms. Carmosky's email is as follows:

The China Business Network does not do deals, does not do projects, does not do consulting. Past tense, I have done deals, projects, and consulting. But I stopped years ago because as I came to terms with China's growing power in the world, it became crystal clear to me that the stakes are high and the world is large and I am just one person. Instead, I decided to focus on something bigger.

Namely: to end the waste of cross border talent and opportunity that occurs when people in every sector, every geography and every phase approach their China work without adequate support. People walk into potentially great and sometimes dangerous opportunities with the wrong expectations, the wrong map, and the wrong team. Why? All the knowledge, wisdom and support imaginable is out there. It just needs to be organized.

If someone would build a credible, open, accessible space to aggregate and index all the China business talent and projects, everyone in cross border could find a straighter route to realistic expectations, an actionable map, and a crack team. If someone would build a searchable online directory to showcase all that talent, and organize a guide to all the reports, nonprofits, insights that lead to discovery of complimentary capabilities...then individually and collectively, everyone in China cross border could have more visibility, and voice, and value

No one else was crazy enough to build it. But here it is anyway: The China Business Network, where we build success and your place in the cross border space. All that speaking and writing I do about how Chinese organizations and people do business? It is not to build my consulting business or generate deal flow because I Don't Do Consulting and I Don't Do Deals. It's for one reason: to establish the credibility and enhance the visibility of The China Business Network. Which, if I may beat a dead horse, exists only to help you succeed in China-related work.

There's just one problem: it only works if you stop calling me for five minutes, which is how much time it takes to register as a Profile Member of The China Business Network. Set up your profile so others will know your expertise, what you offer, what you need, where you'll be travelling. Search for people who have skills in your sector. Log in with your username, hit the Send Message button and make a new contact.

We don't want a finder's fee, a piece of the deal, or a commission. All we want, really, is for this space to exist so that you can upload your credentials, promote your events, and find new peers, prospects, consultants and clients. We want you to forward this newsletter to others you know who are working in China crossborder. We want you to stop calling me and start finding and calling each other.

And as much as that is, The China Business Network is even more than that. It is also a great place to find links and other China information and excellent weekly interviews relating to China.

So do go there, check it out, and join up. The more the merrier.

China Tweeting/Twittering. Et Tu?

A month or so ago, I did a post, entitled, "25+ China People You Should Follow On Twitter. Not One "China Expert" Among Them." I did it in response to a client asking me for a list of China people he should be following and my post consisted of little more than me pulling this 25 person list from an Ad Age China article, "25 China Experts You Should Follow on Twitter".

The inherent problem with any such list, however, is that it is someone else's list. Over at the China Law Blog Linkedin Group (where, btw, we are always looking for new members), I just started a very simple discussion that does nothing more than ask the group members whether they tweet and, if so, from what address. (h/t Larry Bodine Law Marketing Blog) My hope with this is to increase the interaction of group members and to thereby increase the information push for everyone.

So please consider joining the China Law Blog Linkedin Group if you are not already a member and then go to the "discussion" here and add your twitter address. If you are already a member of the group, please just check out the discussion.

Oh, and while there, please do be sure to check out some of the other discussions (there are some truly excellent ones on there) and do NOT hesitate to contribute.

China Law Blog Wins ABA Journal Best Blog Award. Thanks All Its Loyal Readers.

The American Bar Association (ABA) Journal has came out with its top ten law blogs of 2009 and I am happy to report China Law Blog once again made this very difficult cut. The ABA Journal editors first chose the best 100 blawgs in ten categories, ranging from Practice Specific to Legal Theory and Geo to Lighter Fare. Journal readers then voted online for their favorites in each category.

This is the third year of the competition and we are one of only two blogs (Above the Law being the other) to have prevailed in all three years.

We are honored to have once again prevailed and we thank all of our readers (whether you voted or not -- and we know who you are) from the bottoms of our hearts.

LAST CHANCE: Vote China Law Blog

In about 24 hours, voting for the American Bar Association's best blawgs will be over. In the meantime, we need you. Really badly.

The ABA (American Bar Association) Journal editors once again have chosen us as one of the top 100 law blogs and given the final decision on best blog in each category out to the public. We have won this competition every year, thanks in large measure to you, dear readers, and we so so much want to win it again this year. Really badly.

So please go here and register your email address and then go here and vote China Law Blog. Annd if you have a blog or any other forum and you think we are worthy, please let the world know. Last I knew (before the site went all secretive on us), we were in a neck and neck race with some blog out of Delaware (friggin Delaware, people!) and we just have to beat them. We really do.

Thanks in advance for your support.

If we can get just 1% of the people in China to vote for us....

China Law Blog: Will Beg For Your Vote

One of the things I cannot stand about public television and public radio here in the U.S. is how they constantly beg for money. Well I am proud to announce we are not doing that.

We are instead begging for your vote and your endorsement.

The ABA (American Bar Association) Journal editors have once again chosen us as one of the top 100 law blogs and then thrown the final decision on best blog in each category out to the public. We have won this competition every year, thanks in large measure to you, dear readers, and we so so much want to win it again this year.

So please go here and vote for China Law Blog and if you have a blog or any other forum and you think we are worthy, please let the world know. If we can get just 1% of the people in China to vote for us....

China's VanceInfo "Done Good" And We Are Honored To Have Helped.

One of the things we lawyers have to live with is secrecy. Put simply, if we reveal client confidences we can lose our licenses. This necessarily leads us to be über careful.

I have been uber careful about not mentioning a transaction in which my firm represented the Chinese company VanceInfo. The transaction was between VanceInfo and Expedia and I was not comfortable writing anything on it until I was 100% certain it had gone public. Working with VanceInfo's in-house legal team, my law firm provided the US side legal representation in negotiating the contract with Expedia and related activities.

But even now, I am constrained from revealing anything substantive beyond that which has already been made public. I have to be particularly careful because VanceInfo is a publicly traded (NYSE) company. But I wish to highlight this deal because I see it as a harbinger of the sort of thing we will all be seeing more of from Chinese companies as they expand worldwide.

So I waited and waited and never saw anything.... Until now.

I saw that VanceInfo started following me on Twitter and so I checked out its Twitter page and learned it consists (so far) of one Tweet, and that one Tweet links over to their September 23, 2009 press release announcing its deal with Expedia on which my firm and I worked so hard.

The press release states the following:

Beijing, September 23, 2009 -- VanceInfo Technologies Inc. (NYSE: VIT) (“VanceInfo”) (the "Company”), an IT service provider and one of the leading offshore software development companies in China, today announced the official launch of an offshore development center (“ODC”) in Shenzhen, China with Expedia, Inc. (“Expedia®”), the world's leading online travel company. The opening ceremony will be attended by Chris Chen, Chairman and Chief Executive Officer of VanceInfo and Pierre Samec, Chief Technology Officer and Global Executive Vice President of Expedia®. After the successful completion of a four-month preparatory and transitional period, VanceInfo established the ODC in accordance with the multi-year contract with Expedia signed in May 2009. The two companies have worked together to build a global delivery team in the ODC that provides design, development, testing, production, and maintenance of online travel services platforms, enabling Expedia to enhance the core platforms and services while improving time-to-market and increasing competitive agility.

"We are pleased to be selected by Expedia following a stringent vendor selection process that involved many outsourcing players in China,” said Chris Chen, the VanceInfo CEO. “Our collaboration with Expedia has reached a new milestone with the seamless and successful completion of multiple project transitions while launching the new ODC. Leveraging China’s unique talent advantages, we are committed to delivering first-class IT services with flexible delivery models to support Expedia’s global expansion.”

VanceInfo has built and currently operates ODCs for multinational corporations in technology, telecom, financial services and manufacturing industries. This new Shenzhen-based ODC marks a breakthrough for VanceInfo in the travel and transportation industry and is anticipated to further enhance the Company’s overall global delivery capabilities to service major outsourcing initiatives of multinational clients.

VanceInfo was formed in 1995 and it already has more than 7000 employees worldwide and three offices in the United States, including one in Seattle, which is also where Expedia is based.

We are honored to have represented VanceInfo on this important deal and to have had the opportunity to work with so many great people on its management team.

The King Of Diplomacy On China-US Relations.

I have always loved the television commercials where some cheesy guy wearing a crown (presumably the owner of the appliance store or whatever else it is that is being advertised) screams out the discounts you can expect to get by shopping at his store. If my memory serves me right, I've been witness to the King of Cars, the King of Discounts, and the Appliance King. John Grisham wrote a book called the King of Torts and who can forget Rupert Pupkin as the King of Comedy?

Like him or not, Henry Kissinger is the King of Diplomacy and he has a Washington Post op-ed out today, entitled, "Rebalancing Relations With China" (h/t China Hearsay, who also thinks highly of the op-ed) setting out how the United States should be dealing with China. And again, like him or not, the guy does know whereof he speaks and this is his own summary of what should be done:

While the center of gravity of international affairs shifts to Asia, and America finds a new role distinct from hegemony yet compatible with leadership, we need a vision of a Pacific structure based on close cooperation between America and China but also broad enough to enable other countries bordering the Pacific to fulfill their aspirations.

The King has spoken.

What do you think?

China's Mafia.... Whaddya know?

I have often wondered about the mafia in China. I have asked lawyer friends about it and I usually get pretty much the same answer: "The Communist Party destroyed it and has continued to keep it at bay. It can have no rival. That's in Hong Kong and Macao, not here."

I was always skeptical.

Today, China Stakes ran a story, entitled, "China's Mafia Economy Spreads Its Wings," painting a much worse picture than what I had been told. The article focuses on Chongqing, which is "notorious" for its mafia influence. The numbers, if correct, are pretty stunning:

In 2008, loan sharking in Chongqing is estimated to have totaled over 30 billion yuan, equal to 1/3 of the city's total fiscal income. The total assets of one gang reached over 3 billion yuan, a quarter of which came from loan sharking.

I have to say though that none of our clients have ever told us of having mafia problems in China, though I also have never asked.

So what is going on out there? How big is China's mafia? Does it steer clear of foreign companies, particularly those from the West? Is it big in Chongqing, yet far less so elsewhere? What do you know? Let's get a discussion going....

UPDATE: Interesting post, entitled, "Chongqing's Judicial Chief Shot off Horse," over at the Inside-out China blog. Post is on the downfall of a police chief who was long believed to be tightly connected to local gangs.

U.S. - China Relations. Normalization, Not Democratization.

I wrote this post back in September, 2008, but forgot to put it up. I rediscovered it today and though it is definitely dated (it was written by Kissinger with an eye towards the US Presidential elections) the core of it still very much holds true and still merits a post, I think.

I love it when someone can take my meandering, somewhat inchoate thoughts on a subject and concisely sum them up with a pithy line. Henry Kissinger did that for me today on what the role of the United States should be with respect to democratization in China.

Kissinger did that in the context of a excellent New York Times article, entitled, "Foreign Policy Factions Unsure Who Will Prevail,." The article discusses how the United States does not have unlimited international power so it must ration that power wisely. Then comes Kissinger's money quote -- and like him or not, this is a guy who knows foreign policy:

"Our major effort with the Soviets,” he [Kissinger] said, recalling his time as President Richard M. Nixon’s secretary of state, “was not to democratize them, but to normalize them.” It was a lesson worth thinking about, he suggested, as the next administration considers how to deal with China.

Eureka!

The United States has tremendous power and influence and it should use that power and influence to make the world a better place. But, that power and influence is limited and thus it must be rationed and used wisely. Seeking to democratize other countries is usually not going to be a good use, and I say this even though I am as strong a believer in democracy as one can be. It is just that democratizing another country is rarely if ever possible. To really work, democracy must come internally. Though it is true that freeing one country (like maybe the Czech Republic) from the yoke of another country (like maybe the Soviet Union) can lead to rapid democratization, that is not at all the situation in China. And that was not at all the situation in Iraq either.

In Iraq, one had a brutal dictator who had been neutralized in terms of his impact outside Iraq. Or, to use Kissinger's words, he had been at least somewhat normalized. We also had a country and a culture with absolutely no history of democracy (please don't anyone leave a comment saying that 2,000 years ago.....), no real push for democracy, and no real reason to think democracy could take hold there. Iraq is so bad on this score that for at least a year, I truly believed President Bush was kidding when he would talk about democratizing Iraq. I just assumed he was using this as a justification to the American people. I now realize he actually thought it would be possible. Even if we did believe Iraq had weapons of mass destruction, there was no need to attack when we did.

On to China. China is normalizing. Though I believe economic growth eventually leads to democratization and though I believe that is already happening in China and will continue there, I also know that the verdict on this cause and effect is not yet clear, either worldwide or in China. But the correlation between economic entanglement and "normalization" is pretty clear. Countries that become part of the global economic system are less likely to cause trauma to that system. This is not a hard and fast rule and one need only look at Russia's actions in Georgia as a refutation. But all and all, stakeholders in a system are less likely to rock it. One only need look at China's refusal to condone Russia's actions in Georgia for that.

What do you think?

Clinton, Obama, Saudi Arabia And China. Comments On The Comments.

The other day, I did a quick post in a pique of anger at the US criticizing China's Human Rights record while Barack Obama was travelling in or to Saudia Arabia and Egypt. I found it absurd that we would be going after China for its HR issues at the same time we were (and have) pretty much completely ignored the far far worse records of Egypt and Saudi Arabia (and Syria, and Yemen and Libya and Zimbabwe, etc.). Not only do I find this selective calling out of countries hypocritical, but I also think it ineffective. On top of that, I see it being done not so much to bring about change in places like China, but to play well politically at home. Obama was elected on a platform of change and when he does things like that, he only reinforces that it's politics as usual.

Needless to say, this post brought a wealth of comments and in this post, I respond to each and every one of your comments. First off, let me say that I appreciated ALL of your comments, even those that attacked me, even those that ascribed positions to me that I never set forth and do not hold, and even those I did not understand. Secondly, I am proud that I did not have to delete or even edit a single comment. Without exception, all comments struck me as legitimate efforts to discuss difficult issues. You evidenced a desire for real discussion and that has spurred me to try to respond to keep the discussion going.

Below are all of the comments so far, and my responses. I ask that if you have additional comments to make that you make them on the original post, here, and not on this one.

I apologize in advance if I offend anyone. My goal is to go at the issues strongly and if I make anyone feel bad, I feel bad myself.

Let's roll.

Thanks.

1. Well said.
Response: Thank you

2. I was thinking the exact same thing. Thanks for having the guts and the skills to put it into words.
Response: Thank you

3. Brilliant. Really. I know you don't like to get political but I am glad you did. Sometimes we just need to call Bullshit.
Response: Thank you. I agree (on the calling bullshit part).

4. Organ harvesting in China? Internet lynch mobs allowed by the gov't? BTW the boxer rebellion got started with lynch mobs deliberately ignored by the gov't... China's continued support of a certain gov't (NK) that has starved to death over 2 million of its people since the Korean war, not even mentioning the executions. Or anti-Beijing people in the US and Europe attacked in their homes, their computers stolen, etc?
Response: Did you actually read my post? Did I ever say China is a paragon of human rights? No, I simply compared it to two countries that engage in widespread genital mutilation of its females, that hang its homosexuals, that behead its criminals, that imprison or kill or torture nearly all those who dare to speak against the government, or merely cross it, and that pretty much shut down all non-Muslims. Yes, China could stand to improve, but why are you telling me this now?

5. Yes... mostly.
Response: Thanks....mostly.

6. Egypt has opposition groups, opposition MPs. Muslim Brotherhood is formally banned but has 88 MPs who sit as a block. Much of its press is independent and critical. So I'm not sure the answers to your questions are by any means so clear cut as you imagine. Saudi is brutal but even there the current king is reformist. Is Hu?
Besides, the contrast is fallacious. US presidents say exactly the same sort of thing about its Arab allies as it does about China, its most important trade partner. Clinton's important statement on arriving in Beijing this year that human rights concerns would be downgraded for strategic reasons is exactly mirrored by Obama's interview with the BBC about his mideast trip outlining the strategic reasons for putting diplomacy before human rights grandstanding the other day.
You cannot make an argument by plucking one statement about China and sticking it next to a visit to the Arab world. Otherwise he would be constrained from speaking out on some atrocity in the mideast while he was visiting Tiananmen Square, where exactly the same, inverse comment could be written.
Response: You make some valid points, but not many. First off, I never said the US should go silent on HR abuses in China. I just said those criticisms should be done in private, where I think they have a much greater potential of having an impact. Second, a heavily proscribed opposition is no opposition at all. I don't have a problem with the way Hosni Mubarak runs Egypt as I recognize that if he didn't run it the way he did, it would probably be much worse. I am merely saying that we in the US cannot have it both ways and be considered credible. If we are going to cozy up with repressive regimes like Egypt and Saudi Arabia, then we cannot at the same time publicly scorch China, at least if we want to remain credible. It's like at my law firm where we are always claiming we have no assholes as paying clients because a paying client cannot, by definition, be an asshole. Except we are joking. As for the Saudi King being a reformist? What does that even mean? That next time Saudi Arabia will send over only 15 out of the 19 terrorists to bomb us or that it's women can drive cars so long as they are married to a prince? Give me a break. China is reforming (very very slowing). Saudi Arabia is putting on face paint to impress the US.

7. @Richard,

Are you intentionally missing the point? If the Obama administration had even just once criticized the human rights abuses of ANY of the countries Dan mentions, you might have a point, but it never has. And instead of mouthing off about the Potemkin villages that pass for democracy in Egypt and Saudi Arabia (all put in place by their megolomanic rulers merely to placate the United States), why don't you instead answer Dan's questions one by one?
Response: I love it. I couldn't have said it better myself.

8. Wonderful post, Dan. Some people have to get that a lot of countries have done bad things. Even us. China has made a lot of progress in recent years and is as much about "organ harvesting" as the US is about torture. There are many components to a country, and a number of the components of most countries and their histories will, unfortunately, be bad. But do we judge America as the country that killed Indians and/or enslaved Africans? Sometimes we need to see the bigger picture. This post helps do that.
Response: Thanks. I mostly agree. The US is not perfect on human rights, but we try and, overall, I think we do pretty well. China too isn't perfect, but it is improving and anyone who doesn't believe that should study the Cultural Revolution for a few hours. It certainly is more than an "evil empire." And you are right, of course, that there is a huge picture out there.

9. The last week in Beijing, leading up to this day, has been frustrating beyond words. Websites and Internet services shut down, one by one. The powers that be huddling up and hunkering down to put every single block they can come up with in place to prevent anyone - ANYONE! - from recognizing the significance of this date. I have been in Beijing for several June fourths, but nothing compares to the collective, coordinated, enforced blindness that we have experienced this week. Plainclothes officers at the square blocking news broadcasts with umbrellas. Truly! Unbelievable. And sad. When I read Secretary Clinton's statement it was a relief. Some official acknowledgement! The issue should not be a comparison between whether Egypt/Saudi Arabia or China is a worse offender. The countries that violate human rights -- US included -- should be called out for it. And for diplomacy to work, I'd imagine every country needs to be approached from a different angle. After years of witnessing firsthand a government's (amazingly strong) will to deny and forget, I am proud to be a citizen of a country that insists on remembering. Because today it's not just about diplomacy. Today it's about the lives that were lost and so quickly forgotten.
Response: This is a difficult one to respond to because, emotionally, I pretty much entirely agree. But it does somewhat miss my point. My point is that either the US has to criticize all countries that violate human rights (including our allies) or it risks losing credibility when it selects just some of them, particularly when the some it selects are far from being the worst offenders. It also needs to focus on the effectiveness and the timing of its comments. I remember seeing a comedian once who made fun of the world's fattest man. His jokes centered around the fact that everyone could claim they were thinner than him. Making fun of the world's fattest man lets the merely obese off the hook. The US's going after China because it is the politically expedient thing to do (for the US domestic audience) lets countries like Libya and Syria and Saudia Arabia off the hook, at least to an extent, and that ain't right.

The lives that were lost at T-Square hugely matter, but the United States is not going to get China to remember that and fess up to it. It just isn't. Japan has really not fessed up for World War II, should we be reminding them of that all the time? It took the US far too long to recognize anything close to fully how we mistreated African-Americans and I still don't think we are even close to being their yet with Native-Americans. And yet, I love my country and I think it is a great and moral place and I think more of it on human rights (by far) than China, yet at the same time, I resent it when others criticize us too hard for our past because far too often the criticisms are grossly simplistic. I lived in Europe as a kid and it really used to piss me off to hear everyone (from teachers to cab drivers) preach at me about race relations in the US as though they had a clue. They would talk about some incident in the South and make it seem like it was the entire country. When I would tell them that I lived in a racially mixed neighborhood and half my friends were Black and there had been virtually no racial problems, they would accuse me of making it up and go back to their preaching on how the way the US handled its minorities wasn't right. Now that Europe has its own minorities, I daresay that the US is much farther along in fair treatment (for the most part) than Europe. Why do I bring this up? Because people generally know what they need to do and they generally do not like outsiders telling them.

At the same time, there is a point where we have to do something about human rights beyond just talking privately with other countries and that point has certainly been reached with some countries (Zimbabwe, Iran, Syria, Libya, Myanmar, Yemen, Sudan, North Korea, Saudi Arabia) and yet for various reasons we pretty much do nothing. And when I say "we," I mean far more than the US, I mean the entire world. So if we do nothing when horrible horrible things go on in these countries as a matter of state policy, do we really have credibility speaking out so incredibly selectively? I just don't think so. Many of you seem to be of the view that speaking out is the moral thing to do and hey it makes us all feel good, but I am of the view that it is actually (in most cases) counterproductive. And that is the reason I oppose it. It just doesn't work and it has blowback impact.

10. I find myself both strongly disagreeing with you and strongly agreeing with you. Egypt and Saudi are not democracies, regularly imprison and torture, and in fact are imprisoning people who might protest the Obama visits. At the same time, criticism of China's human right record is quite correct. Criticising China from Egypt, whilst not explicitly criticising Egypt, is hypocrisy, but criticism is warranted.

Response: Criticism is warranted, of course, but so what. Is it effective? Will it lead to change in China or will it merely reduce the US's standing in the world?

11. There is a major issue that's being avoided here, and that is the specter of Islamic extremism. As reprehensible as Saudi Arabia or Egypt's government is, it pales in comparison to the Taliban or other horrific extremist movements active in Islam today, and THAT is why the US avoids castigating the Arab governments. If the US were to come down HARD on Riyadh or Cairo on their human rights abuses it would only empower the extremely dangerous groups operating within those countries that hate the West and modernity with a passion. Think if the House of Saud fell or Egypt was taken over by Taliban-style madmen who burned the faces of girls who tried to go to school with acid or cut out female genitalia to prevent pleasure . . . and THAT is the most likely scenario if the current strong men were displaced.

Does such a scenario exist in China? No. The Chinese are at heart a practical, reasonable people. They called for democracy when their economy was suffering and inflation was rampant, and they have accepted autocracy so long as their living standards improved. If the CCP fell the vacuum would not be filled with Boxer-style fanatics or religious crazies. Likely an (initially very corrupt, admittedly)democracy would emerge.

THAT is why the US accepts the Arab governments. Because they are BETTER than the other option. China's other option is democracy, not religious fundamentalism.

Yes, I will agree Saudi Arabia is more repressive than China. But BOTH are extremely repressive. How many executions did China have last year? 6,000? Saudi Arabia? 2,000? How many journalists and human rights activists are suffering under house arrest or in labor camps? Organ harvesting? Corruption?

But be pragmatic, like the Chinese people are. Don't fall into the Chinese 50-cent army tactic of COMPARING everything (my favorite from today - BBC1, one of the many paid Chinese commentators who operates on Shanghaiist - commented on a picture of 'Tank/Man' and said that in Iraq the Americans would have run over the Iraqi). It's like saying the Chinese occupation and gradual extermination of T1b*t is justified because the US did it in its Western territories. The US can't speak out against Chinese abuses because it doesn't condemn Saudi abuses (or my favorite, so ridiculous given the DEGREES involved, stating that US has no leg to stand on trumpeting human rights because we water-boarded. As if simulating drowning compared in any way to the Chinese tactics to control their Western provinces. WEAK. Look at the larger picture and you'll see why the US is more circumspect around the Arab world.

Response: I agree with almost everything you say, except your big point. Yes, as horrible as the regimes are in Saudi Arabia and Egypt, the alternatives are worse. But if we reduce our human rights criticisms to when it makes political sense, we look like hypocrites. If we are going to criticize China and not Saudi Arabia, at least let's not lie about it. Let's say something like the following:

Saudi Arabia is one of the most repressive countries in the world. Practicing a religion other than Islam there is likely to lead to your being executed. Being gay is likely to lead to your being executed. Being female means you have virtually no rights at all. It is the leading funder of terrorism worldwide and most everyone knows that it was people in the Saudi government who funded 9-11. It executes as large a percentage of its population in any given year as any country in the world, oh, and oftentimes, just for good measure, it beheads those whom they execute, after they are dead. There is no democracy there. Not even a hint. If you are not royalty or super rich, you are scum. Its foreign laborers are treated pretty much like slaves; in fact, many of them are literally slaves. It is a country where if you are a father (even if you are a muderer) you can take your kids and be absolutely certain that your wife will never get them back. If it didn't have oil, it would have nothing at all, but because it does have oil and because its present rulers are so greedy that despite their hatred of us, they are willing to sell us oil, we will not press them on their human rights record and we will not embarrass them before the international community. In fact, our Presidents will walk with them at Camp David, etc. as though they are just like us and even one of our Presidents will bow. Oh, and as bad as they are, we are convinced that if these present rulers were deposed, the next group would be even worse. So for all of these reasons, we will say nothing.

There, is that better? I actually think it is because at least then we are making clear that we know what is going on instead of papering it over in such a way that many Americans have no clue. Maybe if we had been honest about the massive repression and lack of democracy that is extant in nearly every Arab country, the US would never have gone to war in Iraq because our citizenry would have never bought the absurd Bush line that we were going in to make it a democracy. We all would have said, no, that can't happen. That's impossible. He's lying to us. So yes, this sort of hypocrisy does have real life repercussions.

But, hey, let's go after China instead, because that's what sells tickets back home.

12. I think what drives me crazy about China is the attitude of its government. True, China is doing better on human rights than a lot of other countries, but officials continue to lie and conceal past and present abuses, and they want China to be a big world power without any further reform.

Response: True, but see my responses above.

13. I could not have said it better myself! Brilliant.

Response: Thanks. I love readers who effusively praise me.

14. I've been tired of talking politics. But US hypocrisy on human rights has been there for a long time. That's part of the politics.

Response: I completely agree and that is why I did this post. I wanted to highlight that it's business as usual.

15. Excellent and brave post, Dan- a great contribution to the very heated dialogue of the past few days. I believe that the U.N. called the US's human rights record "deplorable" only a week ago. One only has to look at America's record of ratifying articles under the UDHR to begin to question the hypocrisy in "our" annual issuance of the US State Dept. human rights report.
Like you, I love my country, but the finger-pointing and China bashing is counterproductive and entirely out of hand. T-----n was an absolute tragedy that should not be overlooked, but it is also an extremely delicate issue that cannot be effectively handled by a Western perspective alone. I had the opportunity several years ago to talk with a member of the CCP about J-ne 4th. He was of the mindset that T-----n was merely a Western propaganda tactic- a lie. Sad, but I can certainly understand why he would think this way.
Globalization has drastically changed the order of our world. If the US continues to take the stance that "our" way is the "right" way and the "only" way, we can expect some major problems in the coming years.
Before the US can have an effective and consistent human rights policy in place, it needs to take accountability for its own errors and put the pen to paper. Once that happens, maybe the US and China can have a human rights conversation with a positive outcome.
No doubt improvement is needed on BOTH sides of the fence.

Response: I don't like your criticisms of the US, but I otherwise mostly agree with you, particularly on the point that our talking of T---n to China is just going to cause them to put up walls. China has to come to its regrets entirely on its own, just as the US has for the most part done with its history of racism.

16. I'm not sure why Carter is written off as idiotic. He has always approached human rights issues in China in a responsible way--making clear is concerns about human rights there generally and T1b*t in particular, but also being humble about things and talking about his own experiences with racism growing up in the South when he speaks to Chinese audiences. Carter has also done a lot to keep the momentum on village elections in China from dying out completely through his center's work with the Ministry of Civil Affairs.

More generally, it is certainly not right to make nice to Egypt and Saudi Arabia while criticizing China. But it's not true that only quiet conversation with the Chinese leadership makes a difference. It is the most COMFORTABLE route for everyone concerned, of course, including businesspeople / lawyers / students living in China... but that should be beside the point.

Response: Carter is written off as an idiot, because he was and still is one when it comes to foreign policy. Until Bush came along, Carter did more to reduce US standing in the world than any president in history. It will take another 50 years before it can be determined whether Bush has now taken the top position, but they are definitely Nos. 1.

17. Interesting and good post.

But you may be assuming that most people in the world, including Nancy Pelosi, can even define what "human rights" are. The sad reality is that they generally cannot do so. Until they can do so, it seems to me that what they have to say, on either side of the debate, may be "sound and fury, signifying .... not much". See this post I made a few days ago on this very issue. To wit, how do you/the reader define human rights and is your concept or definition even a realistic workable one? And which aspect of human rights are you/the reader, talking about? Categories matter, a lot, in this discussion. http://calpolymbatrip.com/2009/china/human-rights-part-ii/

Cheers from Cal Poly ....

Response: I completely agree, and that is why I try to take a very broad definition by including things like Saudi Arabia's treatment of non-Muslims, of females, and of homosexuals. The broader the definition, the more complicated the issue and this is a damn complicated issue and not one that can be or should be dealt with by 30 second bromides intended to placate domestic constituencies back in the US.

18. Your comments are baffling. Are you saying the Muslim Brotherhood are a potemkin opposition? That'll be the Muslim Brotherhood that supports Hamas?
Clinton's comments were put in deliberately positive terms: "A China that has made enormous progress economically and is emerging to take its rightful place in global leadership should examine openly the darker events of its past and provide a public accounting of those killed, detained or missing, both to learn and to heal." etc - ie what China should do now (rather that condemning its past acts).
This is exactly parallel to what Clinton said after meeting Egyptian ngos last week:"It is in Egypt's interest to move more toward democracy and to exhibit more respect for human rights."
Of course the T---men quotes are stronger but it's a particular anniversary. And contrary to what Dan suggests, there aren't mass killings in Egypt.
I'm not going to go through his post line by line but i'd like to know what evidence he has for Mubarak's apparent killing of all his opponents or for his having driven nearly all non-muslims out of Egypt. Ten per cent of Egypt is Christian, I believe.

Response:
Hundreds of Coptics are killed in Egpyt every year and I recall seeing a survey a few years back in which over 90 percent said they would leave Egypt if they could afford to do so. Just a few weeks back, the government used the excuse of swine flu to kill hundreds of thousands of pigs (all of which belonged to the Coptics) without any remuneration. The Coptics are pretty much the last of the non-Muslims in Egypt, as its once large Jewish population has all been killed or expelled. One of the things Egypt does so well though is to repress its Coptics so extensively that little bad news gets out. Its selling itself as a "moderate" force in the region also helps. That and the fact that the foreign media there are so limited and tightly controlled (far more than in China) means that we hear little. Do you really for a moment believe that Clinton's chastising was meant to be or was taken to be in a "positive" light? Come on.

19. It's a point well made. Yes, China has human rights issues, but I think America has a tendency to come off as rather parochial at times and yes, hypocritical. I'd rather live in China any day compared to Saudi Arabia or Iran. We're all sinners.

Response: We are all sinners, including me, but I still have the right to stress morality and keep my own kids in line. But you are absolutely right about China versus Saudi Arabia and Iran.

20. Dan, I disagree. I don't know enough about the situation in Saudi Arabia or Egypt, but to say that the US should not raise human rights issues with China because China is relatively better than the Saudis is unacceptible.

What Clinton called for is for China to account for the event. I don't think that is too much to ask for.

Response: Did you even read my post? Seriously. I never said what you say I said. I never said that because B and C are worse than A, we should not criticize A. What I said was that since B and C are far worse than A, we look like hypocrites in criticizing A while paying fealty to B and C. Do you see the difference?

21. Wow, you certainly hit a sensitive nerve by your rabid defense of China, nevertheless, it makes me nervous that our government criticizes other governments when our own problems with racism, environment, and fair distribution of wealth is so apparent. As Mom always told me, "two wrongs don't make a right"; hence, our relative social, legal, and ecological improvements do not give us the right to criticize others behind us, it should only encourage us to continue our own progress until we have achieved a perfect society. "Lead by example", that's what my Dad would say.

Response: I sorta agree, but for different reasons. I would have no problem criticizing if I thought it would be effective. See the example re my own kids above. But I don't think it effective and I think that most of the time leading by example is the way to go. The US has led by example for hundreds of years and we can and should do it again. Rah, rah, rah!

22. I agree with you. Until US is perfect in terms of human rights, no one, whoever they are, should complain about the Chinese record. The world must leave China alone to do their stuff, while the US must concentrate on making their human rights efforts perfect, not just in US, but all over the world, except in China.

Response:
I'm not sure if you are being sarcastic or not, so I am just going to keep my mouth shut on this one for fear of sticking my foot into it.

23. I'd like to add that Obama DID mention human rights (in the context of the Middle East) three or four times in his Egypt speech. Also, there is a very large dose of conjecture in your points 1 and 2. And I don't think your overall point is consistent with the fact that the Obama administration has made a point to speak publicly about human rights in mostly any context. I think the hypocrisy and contradictions are less dramatic than you claim.

Response: I must have missed it because I have never heard anyone in the Obama administration publicly criticize the human rights in any country other than China. I am NOT saying it has not happened, but I am not aware of it. Speaking generally about the need to improve human rights does not qualify. I welcome you to point out instances where this has happened.

24. Leaving China alone to do its stuff means that the T1betans and U*ghurs are exterminated (Kashgar is being completely torn down and its residents relocated) and that N. Korea will still exist. Remember, China is the sole, unwavering political ally of Pyongyang only to keep democratic and Confucian S. Korea off of its border.

Response: Do you really think that it is our criticism that has stopped China from doing more? I sure don't.

25. You might want to read this transcript if you want to see what the US human rights policy is now - it lays it out pretty clearly.
http://www.state.gov/r/pa/prs/dpb/2009/124303.htm
It makes clear on both Egypt and China that while the Obama administration will speak out in favour of democracy and human rights strategic issues are paramount. This also explains why the form of words used on China is stronger than Egypt - the strategic needs on the Middle East are stronger than the case with China (Saudi in particular needs to be kept on board the peace process as the paymaster of Fatah).
Interestingly, Clinton accepts the Chinese definition of human rights, as including social progress. That's pretty striking.
No US administration will give up on human rights in China completely because to do so would be to abandon those many Chinese dissidents, opposition figures, petitioners who hope that the west will speak up for them since noone else will. If you have only met Chinese people who think Ti---en was a western imperialist plot you haven't met enough people.
On a number of occasions I have praised Deng Xiaoping before people my age (40s) only to be asked how I could possibly overlook his record from 1989. These are non political types I'm talking about.
Of course, few Chinese will say this in a formal news interview setting, or at work,or when faced with admittedly self-righteous "how terrible for you to be chinese" type questions which I accept is often how the western attitude too often comes across.

Response: And your point is? If your point is that many Chinese would love to see democracy in their country, I completely agree. If your point is that China has HR problems, I completely agree. If your point is that the US selectively chooses who to criticize on HR based on politics, I completely agree, and that is the point of my post. That policy is not effective.

26. Americans are in no position to question any other nation's human rights record especially with what has come to light recently at Gitmo, Abu Ghraib, and prolly many others to come. Americans historically love thumbing their noses at the inadequacies, whether real or perceived, of other nations and theor peoples, while completely ignoring their own situation at home. My advice to America: Fix your own house first before you make comments about other nations. And there's a WHOLE lot of fixing to do in America.

Response: Your comment gets the award for the least sophisticated one. I am not going to waste my time explaining to you the difference between individual action and government policy but you really should look into that....

27. What's REALLY hypocritical is that the US is all for doing business with China and Vietnam but yet refusing to lift the embargo on Cuba, another socialist country. Don't tell me it is just about the Cuban-American voters in Florida. The US is practical, it doesn't bully China because it can't; it bullies Cuba because it CAN. It only picks on the small potatoes to squeeze.

Another case of American hypocrisy: Why not invading North Korea? Is Kim Jong-il better than Saddam? Sure, the US will never invade North Korea because (1) The KPA is a force to be reckoned with, you can't just crush them like you crushed the Repulican Guards; (2) North Korea has no oil and most importantly (3) North Korea does not directly threatens Israel. As long as you don't threaten Israel, the US will not touch you.

Response: I agree with you on Cuba but disagree with you on why Iraq and not NK. Iraq had nothing to do with Israel, who actually was better off with Saddam Hussein's iron fist in Iraq than the Iranian led crazies there now.

28. I'm speechless!

Response: Me too!

29. human rights as well as WMD, Word Movement of Democracy, are just like another WMD, Weapons of Mass Destruction. You can use it to keep the world in peace, or seriously harm the others. Obviously, USA is more interested by the later.

Response: I have no clue what you are even talking about, but I would give 2-1 odds you do.

30. James - how can you say that Americans ignore the abuses at home when those abuses are only known about because they have been exposed by American journalists and turned into causes celebres by them?

Response: I completely agree.

31. Dan, this is a good article that helps put perspective on modern life in China. There are a lot of things that are good about China.

However, just because the US or other countries are not perfect, does this mean China cannot be criticized?

That is the biggest difference between China and the US. We are, more often than not, willing to face our problems head on in a basically free press. True, the US has done terrible things, like all countries. But what countinues to separate us from a large part of the world is the abiltiy to admit our faults publicly and take steps to correct our mistakes. That being said, China does take steps to improve their country, but for some reason lacks the maturity to admit they have a problem in the first place.

The problem I have with China is that they often think there is no problem. I often hear "Why do foreigners care about T1b*t? Why do foreigners care about the Fah L/n Gohng? Why do foreigners care about Tia---en?" The inability to understand why foreigners care IS China's problem. They just don't get it; that until they get past their denial and chip on their shoulder, they will never truly be respected on the world stage.

To be fair, the Chinese people and the Chinese government have created a country where the above answers to Dan's questions are yes. So there is a lot that is good in China. However, I am tired of hearing they same response is that "you beat your wife more than I do so you can't tell me I am wrong." Until more Chinese understand this is a child's repsonse, they will not receive the respect they desire so much.

Response: I agree with many of your points, but you are putting words in my mouth. I never said the US should not criticize, I just said that it is unbelievably hypocritical for us to go after China while ignoring places like Saudi Arabia....

32. Great post. This is what many of us who understand China believe, but are drowned out by the incessant china bashing and demonization by the western media.

Response: Thanks.

33. @ another anon

Your comment about china wanting to exterminate the t1b*ten people really doesn't make much sense. If that were true why invest so much money there? Why give them an education? Why have affirmitive action (easier access to university & employment)? And finally, why exempt them from the one child policy?
Something else to consider is would t1b3t really be free if it was independant? Probably for the privlidged Llama class, but not for everyone else. T1b3t under Llama rule was not the paradise it is made out to be, you either had everything or you had nothing, and this was determined from birth. If you were born into the lower class, there was no chance you could "make it", you were cursed to be that way until the day you died.If you offended your overlords in anyway (or if they were just in a sadistic mood), you could have your eyes gouged out or have your hands, lips, toungues, or even feet cut off. Not to mention the rampant sexual abuse of children in monesteries.

And what of the alleged "cultural genocide"? In the last few centuries up until 1959 T1b*t has produced exactly zero works of literature, and very few works of art (most of these were limited to paintings of monestaries).

Now that isn't to say that China isn't guilty of human rights violations in T1b*t and it certainly does need improving........but is T1b*t really worse off now than it was before? Hardly.

About Saudi Arabia: During the last 30 years the KSA (Kingdom of Saudi Arabia) has been using our petro dollars to finance the spred of islamic extremism in as many countries as possible, all the while the US has turned a blind eye to it. So with that in mind, should we really be surprised that 17 of the 19 9/11 hijackers came from the KSA?

As for the comments about if the House of Saud fell and the current king being a reformer: The House of Saud itself actually is just like the Taliban, and they do enforce strict, literallist interpretations of what life "should" be like. In the KSA women aren't allowed to drive, and only a select few have any jobs at all. The current king has done very little to actually change anything. For comparison, under Hu a great many more things have changed for the better.

Response: I certainly agree with your comments regarding Saudi Arabia. As for T--b*t, I find that issue so incredibly complicated and my knowledge so incredibly limited as to be unable to comment on your comments, beyond pointing out the complexities there.

34. Good article by James Kynge in the Financial Times about how the Western media got 1989 wrong:

http://www.ft.com/cms/s/0/0d3c9c04-5059-11de-9530-00144feabdc0.html?nclick_check=1

Response: It's not a "good" article, it's a GREAT article. Thanks.

35. Dan,
I clearly agree that human rights in China are better than in Egypt or Saudi. There's not many who would argue otherwise. We can also all agree that there's been huge progress in giving people more space to live their lives in China since 1989.
However, I completely disagree with the tone of your piece. Firstly, did you read what Clinton actually said? She didn't "blast" China at all. Its most controversial bit was a line calling on China to "cease the harassment of participants in the demonstrations and begin dialogue with the family members of victims". Basically it calls for the memories of the dead to be respected, which 150,000 people in HK were also doing.
Second, I personally know several people involved in what you advocate as the "private" dialogue. I can tell you it's about as useful as farting into the wind. The Chinese government takes no heed of anything that's said, and harrasses both you and anyone you have contact with. And let's just detail some of that harrassment, such as an old lady being pursued down the street by agents who tell taxis that if they pick her up they'll lose their license (which a friend of mine actually saw during the Olympics). Or lawyers who are abducted from their homes at night and beaten simply for championing rights that have been legislated by the central government. Evil behaviour needs to be challenged everywhere, whether in Saudi or China, and we should not forget the abuses that are carried out on the minority just because the lot of the majority has improved. Constant pressure from outside and, more importantly, within China is precisely why things change.

Response: You either completely misunderstood me or you are trying to oversimplify what I said so you can then torch the straw man you have created. I am calling for the US to talk privately with China and others. I am not even saying we should stop talking publicly. But if we are going to speak publicly about other country's HR, we should do so based on their HR, not our own political expediencey.

I did read what Clinton said and it absolutely was a blasting and it absolutely will be taken as such.

36. It appears that a lot of the complaints and disagreements raised above evidence a failure to read carefully before commenting.

Great political post, Dan.

Response: I love most of all those who effusively praise me AND slam all those who disagree with me. Thanks.

37. its amazing how your own commercial interests get in the way of your principles. Talk about human rights quitely??? Why? This is exactly what the Chinese Gov wants you to do so they cannot be held to account by thier own people. There is only one wat to talk about Human Rights and that is in the open. I dont really care what is going on in other countries.....just what is happening in China

Response: You get the most evil comment award. You have just gone on the record as not caring about the mass killings in the Sudan, the genital mutilations rampant in Saudi Arabia, the beheadings and bombings in Pakistan, the ....

38. I think both arguments have good points. But the issues I believe some readers have are that China has repeatedly denied certain events which can be safely categorized as human rights offences. ‘Maintaining a harmonious society’ is very important to the Chinese government, so it has tended to handle issues in ways the rest of us disagree with. So is it right or wrong not to make a public apology or acknowledgement of some sort? Well we would have to consider the answer from the perspective of the people it concerns. And people in the West forget that culturally, constructive criticism is not very well known or generally used or acceptable in every day Chinese society. The US and other nations receive their share of negative publicity in Western media, Eg., “Iran's supreme leader Ayatollah Ali Khamenei had delivered his own speech, saying the US was still "deeply hated" in the Middle East.” I can see the Chinese going a bit bananas at the public mention of it being deeply hated by anyone within or beyond its borders. So why are issues such as those in Myanmar or Sudan forgotten by the rest of us on a daily basis? I don’t know…But I can tell you why we remember China.. because China is in the media spotlight for many other things (positive ones), like the advancement of industry, its burgeoning cities, etc. etc. The truth is, we should all be questioning each other’s human rights records, engaging in dialogue and taking measures for improvement, because we have all failed in this regard.

Response: I like your last sentence. A lot.

39. I'm sorry I simply disagree with you. Your comparison is completely off mark.

Clinton says something that is really nothing more than
"Fess up, it happened. Let people demonstrate if they want to"

A human right should be universal. In the U.S we believe that the right to demonstrate and the right to express yourself is a basic human right.

Now Obama meeting with Saudi Arabia is a completely unrelated item but you tie them together to make your point; which appears to be that the U.S shouldn't on one hand meet with Saudi Arabia while on the other hand say that China's human rights are a problem.

In the sixties and seventies the human rights abuses within China were atrocious. Now China is much better. If you compare the China of today to the China of the sixties you'll find a much better picture, not a perfect picture but a better one. One of the many reasons why things have improved is because China has engaged with the rest of the world. It opened its borders, the lines of communication opened up, people began traveling, learning and returning to China (and the world has also learned from China). In short China's has become a part of the world.

A strong argument can be made that China is what it is today because it welcomed the world. Specifically it welcomed the world and the world used their influence to cause change within China. Money changes a lot of things.

Saudi Arabia is a different situation mainly because of instead of having a resource of people it has a resource of oil. In short it holds more of the bargaining chips. I don't see the U.S and any other country turning a blind eye to the situation but it has to be handled differently.

If the U.S wants to influence human rights in Saudi Arabia the best it can do is to remove the bargaining chip that Saudi Arabia has (i.e. oil). If the U.S didn't want so much of it we wouldn't give them so much money and allow them to do the things they do.

If you want to make your argument why don't you focus on getting the U.S to change its force of influence. Comparing China to Saudi Arabia and coming to the conclusion that the U.S is embarrassing is a weak argument as it ignores too many factors.

Response: I am not sure if my failure to understand your comment is due to your comment or to the fact that I am about to go to bed....Sorry.


40. That is a really strident post on something more nuanced than you made it out to be. The text of Clinton's speech doesn't indicate anything so harsh as you made it out to be, but if you isolate a few sentences - i.e. take them out of context - it could be seen thusly. Of course this is a judgement call.

Similarly, I was surprised when you called Jackie China a "know nothing self-loathing racist". Those are pretty strong words, but his original speech - which most of the people commenting on could not understand and relied on the dubious translations that the media floats - wasn't nearly as upsetting or shocking to mainland Chinese as it was to "freedom loving" Americans, HK, etc.

Strong words attract readers and posts, but... not every nail calls for a hammer.

You'll note that HK had a massive turnout for a vigil concernin 6/4, and there has been a consistent, impassioned call from Chinese incountry and abroad, political active and the
老百姓, to release the names of the dead. In fact, just recently on Blogging for China, a person who protested at T------n said he'd like to see such a list.

I agree in principle and passion about the U.S. hypocrisy, but I don't agree with your assessment of the gravity of Clinton's speech. Further, China, like the U.S., can do with outside pressure on it's human rights issues.

If all countries were soley left to critize themselves, where would we be? It sounds good to say that an imperfect country shouldn't point fingers, but given that all countries are imperfect... and unfortunately, despite a lot of past bluster and bravado, China has proven time and again that they will respond to outside pressure, especially in the western media.

Response: It must really be getting late because this is the second comment in a row which I pretty much do not understand. BTW, I love the hammer and nail quote and I actually use it on my own firm's website. So your having used it in your comment leads me to believe there is a point in there somewhere and it is just too late at night for me to be able to pull it out.

41. Trying to make nice with others and pointing out human rights issues are not mutually exclusive.

We make diplomatic progress with China too, probably much more than we condemn them. We criticize the Islam world on their human rights all the time, trying to bridge our worlds today has nothing to do with hypocrisy.

Response: You are right about how trying to make nice and criticizing on human rights are not mutually exclusive, but you are making it up about the US having criticized the HR records of individual Arab countries in the same sort of way Clinton just did with China. Maybe it happened, but if it did, I truly missed it and I welcome your pointing it out to me.

42. I think many of you has get the author wrong. The author just exposes the hypocrisy, which none of you can deny. But he does NOT say China should not be criticized or US is not qualified to criticize China. It seems that many of you has, intentionally or unintentionally, left the former part out and keep on stressing the latter to somehow refute the author's point.

China should be criticized and US should take the responsibility to do its job. That's what the author said.

That's not the point the author wants to draw. The point that he wants to draw attention to is what to do with this hypocrisy. To deny it as it doen't matter all, or something can do about it? When someone points out your hypocrisy or you realize your own hypocrisy by yourself, you change your attitude and your way of dealing with people. That what the author is calling for. That's why he is supporting Kissinger, Regan, Clinton way of dealing human rights issue with China. And I second his point.

Response: Thank you, thank you, thank you. You are absolutely right. I absolutely never said the US was not qualified to criticize other countries on HR and I never said China was above criticism. I merely said that if we are to criticize, we have to be very cognizant of the countries we criticize because by going after China while ignoring Saudi Arabia and Egypt (and Sudan and Zimbabwe and Libya and Syria and Yemen, etc.) makes us look completely insincere (which we are) and renders us ineffective.

43. The point is, when was the last time you people saw the western media (especially American) rag on the Human Rights record of Saudi Arabia and the ME? Or when that girl was gangraped by her uncle's buddies in the ME and it got maybe a a day of coverage in the US? The point here is that the US takes every chance it can get to take a swipe at China, whether for "currency manipulation" or for "egregious human rights abuses" and tries to somehow blame all of its economic woes on the trade deficit between China and the US. The coverage of the far more egregious abuses of human rights in the Middle East is a drop in the bucket compared to how often the American media whines and attacks China for something, whether it be T---eman or the currency. Let's face it, America's scared and is showing just how insecure they are, from the top military commanders to the top politicans, they have all admitted that China is the biggest threat to American superiority in the next 3 decades, both militarily and economically. Americans can't stand the fact that someone else can do it better, cheaper, and faster than them. I see two options for the US, keep taking potshots at China and fight against the tidal wave or work alongside China for a better tomorrow. Having been a student of both countries, I would imagine America will continue to be its ignorant and arrogant self and will choose the former instead of the later sealing its own fate.

Response: You are half right. You are right that the US is way too China focused on these things and you are right that the US has remained completely silent in the face of incident after incident of human rights violations in the Arab world (the ME as you call it) that shock the conscious of any decent human being. You ascribe that to fear and I ascribe it to politics. Let's face it, Clinton and Obama are going after China simply because the American people love it and by going after China their own political standing in the US rises.

44. My question is, why do you think it is America's natural responsibility to seek to change others? Why should outsiders seek to change China? Why should outsiders seek to change the US? Why should outsiders seek to change any country?

If you don't like how your neighbor is running his house, should you seek to change him? Should you call him and say "hey, I don't like how you do certain things and you should change"?

The west always believes that it is in a position to lecture, to influence, to change others for their own benefit (so it thinks). I have always wonder why the west is this assertive, preachy and self-righteous. Does this have something to do with your upbringing/culture/racial traits?

From the State Department press briefing linke that someone provided:

"US Wants China to Learn from History and Not Hide from It"

This one cracked me up. Who does the US think it is to tell China or anybody that "I want you to do this and that"?? Seriously, who does the US think it is? Anybody? Imagine the Chinese or Russian Foreign Ministry press briefing that says "China/Russia wants the US to Close Guantanamo Bay Prison Camp and Give Due Process to Its Detainees". haha.

From the same State Department press briefing:

"US Wants to Change the Perception of the US in the World"

Haha, with this kind of assertive, self-righteous, preachy, nagging attitude that never changes, fat chance!

Response: Let's go with your "house analogy." If my neighbor is cooking weird foods, or doing a poor job raising his kids, or buying the wrong car, it's none of my business. But if my neighbor is poisoning his wife, abusing his kids, or stealing from other neighbors, it is my business and I will report him/her to the cops. I do not myself need to be completely perfect to be justified in reporting him/her to the cops.


45. Great post.
And Pffefer, great comments.

Here's a statement made in front of the House of Representatives by Congressman Ron Paul that some of you might find interesting:

http://lewrockwell.com/paul/paul534.html

Response: Ummm.

46. An important point, though I think you possibly did not phrase it in the best possible way. After all, it isn't so much hypocritical as it is simply disingenuous. I agree, often the government's criticism is levied for political support at home and their intentions aren't exactly the most genuine.

I think in the end your core point is sound: if we have a problem with human rights, we need to be fair in how we call out for changes to human rights for human rights sake, and not our own. But framing it "hypocritical" and broadly painting the picture about the Middle East, while peppering your conclusion with a dose of "come on can't you see" seems to have brought out a sizable opposition, misunderstandings, and even red herring arguments, from supporters and not. Words are powerful weapons, but they must be chosen wisely right?

Response: Of course words are powerful weapons and of course I could have phrased things better. So what?

47. I think you are going too far. Obama took it right to the Middle East in his speech in Cairo. Who else has had the guts to put it right in the face of people like that? He has really made me proud as he has dialed down the hypocrisy and started talking in public like he talks to other leaders in private. He told the Israelis to stop the settlements. He told the Arab leaders to respect womens rights. He said the US had made mistakes and he named them. How often do you hear Chinese leaders or leaders of any country doing that? And I thought Hillary Clintons remarks on TAM and China were measured, true and exactly what the US should have said.

Response: You are making it up about Obama having told "the Arab leaders to respect women's rights and the fact that you are "proud" of what he said on that front really makes me wonder. I searched his entire speech for what he said regarding women and here is everything:

-- That is why there is a mosque in every state of our union, and over 1,200 mosques within our borders. That is why the U.S. government has gone to court to protect the right of women and girls to wear the hijab, and to punish those who would deny it.

-- Because we reject the same thing that people of all faiths reject: the killing of innocent men, women, and children. And it is my first duty as President to protect the American people.

-- But let us be clear: al Qaeda killed nearly 3,000 people on that day. The victims were innocent men, women and children from America and many other nations who had done nothing to harm anybody.

-- Make no mistake: we do not want to keep our troops in Afghanistan. We seek no military bases there. It is agonizing for America to lose our young men and women.

-- Palestinians must abandon violence. Resistance through violence and killing is wrong and does not succeed.....It's a story with a simple truth: that violence is a dead end. It is a sign of neither courage nor power to shoot rockets at sleeping children, or to blow up old women on a bus. That is not how moral authority is claimed; that is how it is surrendered.

-- The sixth issue that I want to address is women's rights. I know there is debate about this issue. I reject the view of some in the West that a woman who chooses to cover her hair is somehow less equal, but I do believe that a woman who is denied an education is denied equality. And it is no coincidence that countries where women are well-educated are far more likely to be prosperous. Now let me be clear: issues of women's equality are by no means simply an issue for Islam. In Turkey, Pakistan, Bangladesh and Indonesia, we have seen Muslim-majority countries elect a woman to lead. Meanwhile, the struggle for women's equality continues in many aspects of American life, and in countries around the world. Our daughters can contribute just as much to society as our sons, and our common prosperity will be advanced by allowing all humanity - men and women - to reach their full potential. I do not believe that women must make the same choices as men in order to be equal, and I respect those women who choose to live their lives in traditional roles. But it should be their choice. That is why the United States will partner with any Muslim-majority country to support expanded literacy for girls, and to help young women pursue employment through micro-financing that helps people live their dreams.

It is sad that you and others would be proud of a President who says that women should not be killed and that they deserve an education. Your being of this and your claim that this is really taking it to the Middle East world only goes to show how ridiculously horribly women are treated over there that calling on the cessation of murder is somehow deemed to be courageous. Wow! I call that pussyfooting, but we obviously see things very differently.

47. My, there sure are a lot of apologists for China here. Anyone that thinks China's human rights record is okay hasn't been paying attention to the plight of the laobaixing in China and the terrible regimes China is backing and propping up abroad. China doesn't even pretend to support human rights so its pretty easy to avoid the hypocrite label.

While the US has made plenty of mistakes it owns up to them eventually and has contributed more to advancing human rights than any other country. Lets try to keep a little perspective here. I am an American and I am very pleased with Obama.

Response: It seems that you saw a single criticism against Obama and you felt it necessary to just make stuff up to try to protect him. Wow!

48. It's never about humanrights, stupid, it's about communism.

Response: It is?

49. I dont think that the fact that the US government is hypocritical on human rights should stop us crticising Chinas human rights record. I mean us individually, as citizens, not our politicians.

What has always struck me about this blog is that it gives the impression that China is progressing towards the increasing rule of law, at least in matters of business. This might be true (i dont know as I dont do any business in china). But even if it is true we should not be led to the conclusion that if this is the case the human rights situation in china must also be improving as well. They are two seperate issues.

Response: I completely agree that they are two separate issues and virtually every time I tout the increasing rule of law on the business side, I make clear that I do not know what is happening on the criminal side. I also agree that we as citizens are absolutely entitled to criticize any country for HR, including our own.

50. While in law school, I worked for the Carter Center's China Village Elections Project (see, e.g., http://en.chinaelections.org/about-us.asp ) I was impressed and I think you would be, too. Check it out.

Response: When I was referring to Carter as an idiot, I was referring to him acting as President or World Leader, or someone who has a clue about international diplomacy. I certainly did not mean to imply that he is completely incapable at everything and I am sure he has done a lot of good in the world building houses and other things.

51. The United States and other global powers should address these violations immediately. But they dont they would rather not rock the boat, there are many arms contracts to lose as well as the oil industry, if countries leaders did kick up a fuss about the violations I am sure something would change, torture and executions still go on as the norm. I live in UK and my Childrens Father (James) was horribly tortured for 66 days and nights in a Saudi Prison accused of planting bombs along with other westerners, he was released after 2 years with a deal set up to swap 5 Saudi terrorists from Guantanamo bay, this was a 3 way deal with US UK and the Saudi Government. Our UK Government blocked these men getting any justice in the UK Courts. James lost everything and suffered deeply from PTS disorder and depression as well as the injuries that was inflicted on him in that hell hole, while he was incarcerated the UK Ministers told me lies and warned me not to rock the boat as it would not do us any good to upset the Saudi Royals while our Gov did nothing but left these men to rot knowing the suffering they were going through, deals were still being made and arms sales were booming. even when handed the proof of torture our Government washed their hands of the whole affair. Mary Martini UK

Response: I absolutely believe you and I am sure the UK is equally guilty of saddling up to Saudi Arabia because it has to....

52. "2. Of course I believe in Human Rights." Sweet Mother of All Creatures Great and Small, what does that mean?
As near as I can tell, folks who make such statements believe that all people on our planet (at least) are entitled to a certain body of rights, variously defined but centering around life, basic human dignity and expression, etc.

Now then, where does that come from? Okay x% believe it is divine in origin, let's call that "mystical" - by definition, we can't understand it as it's otherworldly in nature. If you believe in mystical human rights, I'll accept that and not argue with you. But if you're proposing that there are "mundane" human rights, I'm asking you where these come from... and when...

Does Jackie Chan have these human rights? He thinks Chinese folks are not ready for these rights (your earlier post on him). There are many, many, many more Jackie Chan thinkin' folks in China than the few intellectuals living in three cities on the coast of that vast land for less than a hundred years.

In the name of all-that-does-not-suck, don't be drawn in by human rights advocates. There is no mundane right to anything, although we may be witnessing the infancy (if not birth) of a structure capable of granting such a body of rights. My, what a frightening structure that would be... what if it decided to redefine human rights?

By all means, argue what kind of relationship the USA should have with various entities based upon their conduct, as judged by our standards - it's our country's right (as taken and retained by force) as a sovereign nation. But don't sing me some song about how everyone has a body of human rights or the right to universal automobile care, it's just another form of cultural imperialism and, ultimately, an excuse to beat them up and take their stuff.

In the China context, I refer you to the denunciation of the tributary state system as falling outside of international law and the imposition of TREATY PORTS, for crying out loud, and the forced unequal treaties, seizure of, for example, Burma and Korea. From its inception, International Law, such as it is, has been a tool of conquest, and it is no different waving the Human Rights banner.

Although there are many sincere voices for improvements to the human condition in China and elsewhere, efforts to force China whether by political, economic, or military might to effect this change are just more of the same sort of bullying China has experienced since coming into contact with International Law.

Is it so shocking that China might not take these criticisms to heart?

Response: I do believe in HR in the sense that people have certain "inalienable rights." Exactly what rights is certainly open to debate. Not sure I even understand your comment though. Sorry.

Breaking News: Blogger, David Dollar, Named Economic And Financial Emissary To China.

David Dollar, who heads up the blog, East Asia & Pacific on the Rise (a/k/a David Dollar's Blog) and the World Bank's China Director, has just been named by Timothy Geithner as "economic and financial emissary to China." Dollar, who was formerly an Assistant Professor of Economics at UCLA and a Visiting Professor at the Chinese Academy of Social Sciences in Beijing, really knows whereof he speaks when it comes to economics and China.

Though there will no doubt be those who will attribute his pick to the favorable publicity I gave him in this post, (kidding!) I have to believe this particular pick was entirely on the merits.

Blawg Review #210

Half-wracked prejudice leaped forth
"Rip down all hate," I screamed
Lies that life is black and white
Spoke from my skull. I dreamed
Romantic facts of musketeers
Foundationed deep, somehow.
Ah, but I was so much older then,
I'm younger than that now.
Bob Dylan, from his song, My Back Pages, presumably in reference to my previous Blawg Review, Blawg Review #162

"Peace lies not in the world..." Master Po (Kung Fu Television Show, Episode 8)

This is the second time I have taken up the call to write a Blawg Review. The last time I wrote a Blawg Review (#162), I did so to bring about peace in our time:

When I took on this task of writing Blawg Review #162, I received emails expressing excitement at the idea of this blog bridging East and West, enlightening the legal world about China, and enlightening our China readers about the legal world. All lofty goals, but not lofty enough. I am going here for no less than WORLD PEACE. Miss America (and Miss World too, for that matter) could not do it, but we can. I therefore dedicate this post to World Peace and to ending all disputes. Because this post is a blawg (note the word law in there) review, much of it will, by necessity, focus on disputes, but we will resolve all of them, in this, Blawg Review #162, The World Peace Edition.

There can be no hiding it. My last blawg review was a complete failure. There has been no peace since then. There has mostly just been horrible violence and hatred, war and threats of war, and various other assaults to decency and to the senses. A few recent examples will suffice:

  1. Jihadist gang of 24 on trial for torture-murder in France.
  2. May Day Protestors Clash with Police in Turkey, Germany, and Greece.
  3. 64 Killed in Attack on Hospital in Sri Lanka.
  4. Kim Jung Il poses naked
  5. Billy Joel.
  6. The Mumbai Massacre.
  7. Buffalo Husband beheads wife to uphold his "honor"
  8. I need to change. I can change. I have changed.

    So with that in mind, this blawg review repudiates my previous effort. It will be sarcastic, mean-spirited, petty, low-brow (which has always come easily to me). In short, it will be everything bad except snarky, because even the new me hates that word. It will strive to offend, to irritate, and to ridicule. Or as famous lawyer, Jackie Chiles, would say, "outrageous, egregious, preposterous." Cynicism, not peace, is the goal/theme of this post.

    I got a lot of heat after I did my last blawg review for not including every single blog post sent to me. This time, I weakly strived to include every proposed link, no matter the source and no matter how uninteresting the post. So if you suggested your blog post to me and it is not in here, please do not bother writing to complain as it simply means I either forgot about it or it was so horrible, so boring, or so repulsive (the one about having sex with clients fits this last category) as not to qualify for even this latest edition.

    China Law Blog was chosen for today's Blawg Review because today is the 90th Anniversary of China's May 4th Movement (五四运动). I was told to write this post in both English and Chinese but because I am working on it at the last minute and because I have no desire to rouse up any of my firm's Chinese speaking (and writing) lawyers or staff, and because putting something like this into Chinese was a silly idea in the first place, it is going to be in English, with just a bit of French thrown in just to emphasize how Continental I am. Comprenez vous?

    Columbia University's Asia for Educators site does a great job explaining the May 4th Movement:

    The May 4th Movement takes its name from the massive popular protest that took place in China in May 1919, following the announcement of the terms of the Versailles Treaty that concluded WWI. According to the treaty, Germany's territorial rights in China were not returned to the Chinese, as had been expected, but were instead turned over to the Japanese. The outpouring of popular outrage coalesced in a new nationalism with repeated cries for a "new culture" that would reinstate China to its former international position.

    The genesis of this movement centered on the transfer of the German concessions in Shandong Province from Germany to Japan, rather than returning sovereignty of this region to China. Shandong is the birthplace of Confucius and so Chinese nationalists viewed it as critically important to China. It also is where my law firm has its lead lawyer, Steve Dickinson, who is based in Qingdao, and is the only foreign lawyer in the entire province.

    But I digress. Or as Alanis Morissette would say, "Enough about me, let's talk about you for a minute. Enough about you, let's talk about life for a while."

    And what passes for "life" on these blawg reviews is snippets from law blogs, so here goes:

    Michigan Truck Lawyer blog relates how the number of truck accidents keeps rising and "if you have been involved in a truck accident in Michigan" you should not "settle for becoming just another statistic at the hands of irresponsible truck companies." You should instead call the Michigan Truck Lawyer.....where attorneys are standing by...Segueing from trucks to cars, we come across The Elliot Schlissel New York Law Blog (quite a mouthful of a blog title, I dare say!) who queries (that's a word I learned in law school) whether New York's car search rule is "stricter, more lenient or Juuuuust Right." Get Goldilocks.

    The South Florida Lawyers Blog, in its "Trail of Tears Edition" calls for "hiring the bow-tied one, Robert Glazier." It both pleases me and does not surprise me that "the bow tie is more of divider than a uniter." If we are going to empty out Gitmo of terrorists, I say we replace them with bow-tie wearers, and make waterboarding mandatory.

    MadKane writes a poem on Karl Rove's "roving standards" when it comes to picking a Supreme Court Justice. Her complaint seems to be that Rove is a waffling hypocrite. My response to that is as follows:
    1) Your blog is dedicated to bashing the Republican party. That party no longer exists. Move on. Learn cribbage or something. Even Rachel Maddow is beginning to realize she needs to try out new bits..... and rumor has it Keith Olberman will be considering doing the same at some point next year....
    2) Karl Rove. Karl Rove?
    3) Are you in North Dakota or something? I mean, why are you not just taking it as a given that politicians are hypocrites? I mean, I so accept it, that I actually have come to respect it. Do you really think what you are saying about Rove here could not be said about every politician since Lincoln?
    4) You want poetry? I know poetry. What you have written....well MadKane, that's no poetry. Here's poetry:

    IN A STATION OF THE METRO
    The apparition of these faces in the crowd;
    Petals on a wet, black bough.
    -Ezra Pound

    Poet. Now there's an honorable calling (read the tag line under the title). Speaking of which, Bob Ambrogi at Legal Blog Watch writes on why he is just so proud to be a lawyer and George Lenard at George's Employment Law Blog writes on how a hard drive and lack of adequate trade secret protection cost a California company $17.5 million. Guess this recession is reducing California jury verdicts these days.

    Oh, and while we are talking about IP, I should note how the China Law Insight blog writes on Injunctive Relief Alternatives in IP Related Cases in China and on how Michael Atkins on his Seattle Trademark Lawyer blog, writes about how "a dipsy-doodle stitch pattern saved Abercrombie and Fitch in a trademark scrap with Levi Strauss." Oh, and thanks Michael for giving my kids their first bit of credible evidence to support their contention that there is a difference between their USD$160 7 for All Mankind jeans and the Wal-Mart ones I am always trying to get them to accept. You will buy me lunch to make up for this one....

    Enough about jeans, let's talk about estate planning for a while....Cough, cough, gag, gag. I studiously avoided anything resembling estate planning in law school. I am quite proud of the fact that I have been admitted into three different state bars without ever having learned a thing about estate planning, correctly betting that the law examiners would see things my way and not ask any estate planning questions. I am quite proud of the fact that I still do not know the difference between a probate and a reprobate. Hell, I make it a point not to even be able to remember any of the estate planning attorneys to which my firm refers OUT its clients. So I have gone my entire life without ever having dealt with the legal side of estate planning, but that streak ends now, as I am forced to link over to this post, entitled,"Three Estate Planning Strategies for Same-sex Couples." But let the record reflect that I do so with the caveat that if you live your life to its fullest, you will probably end up getting shot or knifed to death in an alley somewhere before you ever have to worry about your estate.

    Peter Pappas notes that Switzerland is backing UBS' resistance to the US' attempts to uncover Americans hiding money overseas to avoid taxes. Writes Pappas, "The Swiss may be neutral in matters of war, but it would be a mistake to underestimate their resolve in matters of diplomacy." I am forced to remain neutral here because my older brother (ranked #16) is a UBS broker.

    Kimberly Alderman writes that The International Foundation for Art Research (IFAR) has launched a website that gives visitors access to cultural property laws (including China's) around the world. And here I thought cable television and digital video recorders had made art and culture superfluous. Cable reminds me of the problem I have been having lately with the splitter on my upstairs TV and splitters reminds me of our next post, this one by Jodie Hill on a recent Arkansas Supreme Court decision regarding separation of powers. Me, I am just impressed Arkansas has justices capable of writing.

    Dan Hull, over at the What About Clients? Blog writes yet again on the importance of lawyers knowing their clients. Twitter has been abuzz with reports that Dan would be trying to use his "charms" to get me to link to his blog on this post. Like everyone else from Ohio, Dan is entirely devoid of charm, but I have linked to him anyway because he has linked to this blog from time to time and I figure my linking to him here will cause him to do so again in the belief this cycle will continue.

    On to a topic actually quite dear to my heart: expletives. I have been instructed to tell you that "this week's "fleeting expletives" decision in FCC v. Fox Television was ably discussed by several legal bloggers, including ScotusBlog Lyle Denniston, Ken at the Popehat blog, The Technology Liberation Front, Jon Siegel, and Sasha Volokh.

    I can relate to swearing, but I will confess right now that a tiff in London over a possible consolidation of a couple of law libraries holds zero interest for me unless there are guns (or at least knives) involved. But if London law libraries light your fire, do check out Geeklawyer who writes of how "a couple of penny-pinching bean counters are quietly trying to consolidate the libraries of the Middle and Inner Temples." I have my Kindle 2 so I say *!?*/@ (expletive deleted) all libraries. Max Kennerly, however, sees a need for bean counting, contingent fee style, as he argues that not having contingent fee litigation would stifle the market for valid legal claims. I must be missing something here as I thought this issue was resolved at least fifty years ago when all 50 states allowed for contingent fee litigation. Perhaps I should I dust off my law journal article arguing colleges should provide equal funding to female athletics?

    But typography. That interests me.

    Marc Randazza writes that when public figures like the Orlando, FL, police chief seek to silence their citizen critics, they must prevail in two courts -- the court of public opinion and a court of law -- and this chief is unlikely to win in either. D'oh. Securing Innovation blog asks whether management should be involved in patenting decisions and then answers in the affirmative. Daniel Solove reports that after Justice Scalia stated he was not bothered by the lack of legal protection for personal information available online, a law professor challenged his class to compile a "dossier" of information about Scalia and his family. Upon seeing the detailed information the class was able to find, Scalia remarked that the "exercise is an example of perfectly legal, abominably poor judgment." The cynic in me wonders whether Judge Scalia will recuse himself if any of these students should find themselves before him. Stupid, stupid, stupid.

    Back in 2005, I was constantly appearing on a national News network to opine on the international law ramifications of the Natalee Holloway case. Around that same time, Chief Justice William Renquist died and this same network asked me to go on to discuss possible replacements. Though my brilliance, charm, and rugged good looks had obviously convinced this network that I was qualified to speak live on national TV regarding who should sit on our nation's highest court, I had enough sense back then to demure. But my having twice been selected to write a blawg review does clearly make me qualified to opine to our great nation regarding the Supreme Court and it also means the nation is waiting for my views on who should replace Justice Souter. I choose (drumroll please) Eric Turkewitz of the New York City Personal Injury Blog. Now hear me out. I base this on the following:

    1. Eric wrote me yesterday to point out that Scott Greenfield has written of our need for "a marathoning trial lawyer," on the top court, not just another Harvard or Yale law grad seeking to move up from a Federal Appeals Court. Eric then makes the very salient point that he runs marathons and he backs it up with this post, Boston Marathon (Drinking Beer, Kissing Wellesley Women and Abstract Journeys).
    2. Eric would be the first "Turk" on the Court. I actually went to Robert Koleji high school in Turkey (for real) and that certainly qualifies me to state that the time has come for us to have a Turk on the Court.
    3. Most importantly, I beat Turkewitz in last year's ABA Journal Best Blog competition and so if he were to become a Supreme Court justice I would be able to brag about having beaten the pants off a Supreme Court justice. I salivate at the marketing opportunities.

    Oh, and speaking yet again of pants, Austin Criminal Defense Lawyer Blog cannot be accused of the naivete (please note my well placed use of French again) of which I flogged MadKane. Not at all. That Austin blog equates a Texas politico's not realizing she was supposed to list a couple of million dollars in assets (gee, how many houses do I own?) to the criminal defendants in drug cases who claim the pants in which the drugs are found belong to someone else. And in yet another pants related post, Adam Mossoff, guest blogging at The Volokh Conspiracy, offers up a "fascinating" series of posts about the invention of the sewing machine here, here and here. I know I should say something really biting and sarcastic here, but I think a three part series on sewing machines pretty much speaks for itself.

    I trust the above has shown how far I have come since my last blawg review, but lest there remain any doubt, I am prepared to confront my last blawg review head on, and (to use a highly technical political term) do a 180 degree flip-flop on it. The last time, I engaged in a meandering and inane philosophical discussion about the Wikipediaworthiness of Troy McClure. I am so past the idea of trying to build consensus now. I have already admitted my last Blawg Review did not solve much but it did erase any doubts about Mr. McClure's belonging in Wikipedia. And since making it into Wikipedia warrants being trusted on moral issues, I think it appropriate (maybe even mandatory) to quote Mr. McClure on the need to look out only for oneself: "Don't kid yourself, Jimmy. If a cow ever got the chance, he'd eat you and everyone you care about!"

    And since last time, I ran a picture of Raquel Welch, I'm running her opposite this time. I give you Gus, the world's ugliest dog:

    081110-dog-hmed-12p.hmedium.jpg

    Gus was a Chinese crested (Note how well I am staying on point here with the May 4th thing) and he really was chosen the World's ugliest dog, which, near as I can tell, has the same value as my beating out Turkewitz for best Regional Blog. Poor Gus recently died of cancer. Intestate, I assume.

    To avoid Gus's fate, I strongly suggest smokedo, you all engage in a post-modern mix of smoking and exercise, developed and honed by an ersatz QC, CharonQC. If you do embark on this rigorous fitness and cancer stick program, it is absolutely critical that you follow all of CharonQC's advice, including his call for you to engage in this program only with the guidance of a qualified expert, such as himself.

    If I have not yet irritated you, leave a comment and give me another chance.

    I am told I must state the following, so here goes. Blawg Review has information about next week's host, and instructions on how to get your blawg posts reviewed in upcoming issues.

China Law Blog As Flavor Of The Week

At the end of every year and the beginning of the new one, many (most?) blogs do a post extolling the previous year's posts, their own blog's longevity and/or ever increasing readership, and talking about how great it is to blog for such smart/astute/wonderful people, and why this blog is so different from all the other blogs out there.

I have never much liked those posts for the simple reason that I do believe most people find them terribly interesting.

But hey, when someone else pretty much gives me a forum to go off on most of this stuff and does a great job writing it all up, and when that someone is legal writer extraordinaire, "Mister Thorne,", well then, it just wouldn't be neighborly of me not to link over and tell everyone to go there if they want to find out what makes China Law Blog tick. Or not. The post is entitled, "Dan Harris -- A Flavorful Blawgger" and you should check it out.... If you think it might be interesting.

On a somewhat similar note, and seeing as how this will have to qualify as my end/beginning of year post, I would like to take this opportunity to thank all those who voted us best blog at the American Bar (as in lawyer) Association blawg election, for the second straight year. The best part about it was that we won without having to beg (too much anyway) for your votes and without having to send out blanket emails. All joking aside, your having chosen us is very much appreciated and we are truly honored.

Vote China Law Blog. Pretty Please.

The ABA Journal (the official publication of the American Bar Association, the leading group for American lawyers, not tavern owners) recently named China Law Blog as one of the top 100 law blogs in the World. Well actually the world of American lawyer blogs, but as long as George Bush remains President, and he will through the duration of the blog election, I do not think it a stretch to say it is of "the world."

Anyway, the top 100 thing is nice, but we think we can do better. The Journal has divided the blogs up into some rather funky divisions to encourage mano a mano blog warfare in a fight to the death for the right to bear the ABA seal for one (or in our case, another) year. Not quite sure what the value of the seal is, but I sure as hell know I want it. Real bad. And though as a lawyer, I am compelled to mention that past history is no guarantee of future success, I would be remiss if I did not instruct you to look to your right and remember that we won the election last year and there must have been some reason for that.

Right now, South Florida Lawyers is shaping up as our chief competition and it does worry me a bit as I am compelled to respect any blog (particularly a legal blog) that has a picture of Barbara Eden. There were years where we could not begin our after school basketball games until I Dream of Jeannie had ended. Fortunately, we here at CLB planned for this day by putting up our own picture here that we an all agree trumps even Barbara Eden. And excuse my dissing, but if SF Lawyers Blog were really so big and bad, why does it stay anonymous? And how can one vote for a blog with such lack of guts and vision that it cannot even stake out a whole state? We here at China Law Blog take on an entire country, with 1.3 billion people. Surely that counts for something.

So vote now. Vote later. Vote often. And tell your friends and frenemies to vote also. With your help, we will get through this and we will prevail. And remember, as long as the election remains close, you will have to put up with these posts (and maybe even emails) and so if you can vault us comfortably to the top, we may spare you just a little bit.

If It's December, It Must Be China Blog Award Season.

Chinalyst.net is doing their annual China Blog Awards and China Law Blog is not in this year's competition.

"If drafted, I will not run; if nominated, I will not accept; if elected, I will not serve."

I have nothing but the greatest respect for Chinalyst, the people behind it, and for the competition itself and I truly was honored last year when you, our readers, voted us the Best China Blog in the Business/Law category. Our choosing not to compete this year had nothing to do with any of those things. We will continue to "wear" our winning badge from last year with pride (look right).

The reason for our choosing not to participate this year is that last year's competition brought out a whole slew of really malicious comments about co-blogger Steve Dickinson and me, on the Chinalyst site, on this site, and via email. I firmly believe (though cannot prove) that all or nearly all of them came from one person (which person had his own blog in the competition and does again this year). This person is fairly well known in the blogosphere for using aliases ("Fidel" immediately comes to mind) and he has done so countless times with comments on our blog (but I delete them EVERY single time thanks to someone having given me his various IP addresses). For reasons about which I can only privately speculate, winning the competition means far more to this person than it should and far more than it means to either Steve or me. We are just not willing to go through the same thing this year. We have worked for many years to build up our reputations and, yes, it is quite troubling when someone seeks to destroy it over what is supposed to be a friendly competition designed to benefit the China blogosphere as a whole.

But like the scam emails that start out talking about dying some horrible death, I conclude this post by letting you know I do not seek your pity and I actually take great comfort from this decision. It frees me up to follow the elections as a pure fan, without my competitive juices kicking in. Having said this, however, I do fully intend to participate in the various races by telling everyone else how they should vote and then campaigning via this blog and twitter for those I believe deserve to win. And yes, I will also do whatever I can to ensure that the person whom I believe dissed me so vehemently and often last year does not prevail this year either.

Let the voting begin.

UPDATE: This person had the good sense to not participate this year so please don't anyone think it was any of this year's participants to which I am referring.

President-Elect Obama Quotes CLB In Acceptance Speech. Well Sort Of.

"To those who would tear the world down --- we'll defeat you. To those who seek peace and security -- we support you."
President-Elect Barack Obama, During his acceptance speech

I like this division of countries and it corresponds with the argument I have often made as to why the United States should seek to work with China, not against it. Most countries in the world (please don't anyone ask me to distinguish between the citizenry and the government here) want progress. They want tomorrow to be better than today. They want a strong economy and a productive work force. They want cars, televisions, and iPods. China is one of those countries.

I am not calling on the United States to ignore China as a security threat, but I am saying we should support those countries that manifest a greater desire to build than to "tear the world down." And through our doing so, we will help defeat countries like Iran and North Korea, which are, at least for now, more committed to destruction than to development.

McCain And Obama. None Of The Above.

A bit off topic here, but it is something I have been thinking about for months and it just will not go away. It is that neither McCain nor Obama are up to the task of leading our nation. The other day, a good sized group of us from all political persuasions were discussing Carly Fiorna's comment on how none of the four running for President or Vice President are qualified to be CEO of Hewlett Packard. All of us quickly agreed none of them would even be in contention for that post. At the same time, none of us thought this point terribly relevant in choosing our President/Vice President.

But, and let's please be honest here. How many people really believe either McCain or Obama are up to the task of running our nation? And why is it that every time I do a lot of reading on McCain and Obama and the upcoming election I ALWAYS find myself liking both of them even less than before? This WSJ opinion piece really brings it home. Their positions on the economy are really the last straw for me; their demagogic rantings are counterproductive. They are both acting so unpresidential as to scare me. Does anyone trust McCain or Obama more than Paulson to get us out of this mess? I sure as hell don't.

I am tempted to vote for Hillary just so when things get really bad in the next few years I will be guaranteed of being able to say "I told you so." At the same time, I am actually a bit jealous of those who seem so easily to be able to embrace either McCain or Obama with such conviction. Such faith. At the same time, I am left incredulous at how each side can blame the other for something while completely denying that the same thing is equally true of their candidate. Why is this so?

I apologize in advance as I know this post is going to make just about everyone angry and I know I am going to get a whole slew of comments as to why I am wrong, but the point here is for everyone to ask whether they really believe in "their" candidate or are they just acting as though they do for public consumption. And if you don't, and I am betting deep down, most of you don't, then let's start asking ourselves the really deep questions we should be asking ourselves as a nation, like the following:

1. Is our political system broken? If so, can it be fixed and how?
2. Is it that McCain and Obama are not up to the task, or is that our system so dysfunctional that they just appear that way? In other words, should we blame McCain and Obama for promising us "a chicken in every pot" or does our system require them to lie to us? Is it the system that requires them to lie and pander or is it the stupidity of the American people? Are the American people really that stupid, or is it just that McCain and Obama think we are? My view is that the overwhelming majority of Americans are plenty smart enough to make smart political decisions for themselves and the overwhelming majority of Americans see right through all the lies.
3. Is divided government the answer? The neutralizer?
4. Or is there really no problem at all?

My only basis for optimism is that it is hard to know who will become a really good president and in the end we just don't know. I take solace in that.

This is the last I am going to say on this election. I'm done.

Fire away.

UPDATE: I always love it when someone else conveys my feelings better than I do. It is just so efficient. Peggy Noonan has done this in this brilliant article (ipso facto, it has to be brilliant, right?), entitled, "A Hope for America.."

FURTHER UPDATE: Boy, I would ALMOST swear Bill Clinton prefers McCain to Obama. Check out this video where he blames the democrats for refusing to rein in Fannie and Freddie and says McCain was not playing politics in seeking to delay the first debate: http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/09/bill-clinton-bl.html. Seems Clinton is working on his legacy big time these days.

Tony Blair Gets It Right On China. Why Not America?

England's former Prime Minister, Tony Blair, has an opinion piece in the Wall Street Journal today that lays out exactly how the West should deal with a resurgent China, and why. Do politicians have to retire from office to speak coherently and sensibly on foreign policy, or has Blair always been so smart?

After listening to months of foreign policy pablum from Barack Obama, John McCain and now Joe Biden (will someone please explain to me how merely having done something for a really long time all of a sudden makes one a genius?). Let's be honest, when it comes to the candidates' policy with China, the best we Americans can hope for at this point is that none of them really mean what they are saying. The odds are certainly pretty good.

Our Policies, Biases, And Conflicts

I am a huge fan of Seth Godin's books and of his blog. His piece, "Small is the new big," is a classic. Godin is a marketing genius. On Godin's blog yesterday, he had the following post, entitled, "Policies, biases and conflicts":

I don't take advertising on this site. I never have, I don't intend to.

If there's a link on this site, it's because I thought it was a good idea. I don't get paid to include links. I write about stuff I like, stuff you might like and people that I like.

The only affiliate program I belong to is Amazon. All my proceeds go to charity.

I don't take PR pitches. If you send me a press release, I will go out of my way not to mention you here.

I'm a principal shareholder in Squidoo.com, a company I founded. I don't get paid a salary by Squidoo and all my Squidoo royalties go to charity.

I get paid to write books and give speeches. I don't mention them on this blog because I want you to buy them, though, I mention them because I figure people who like the blog will find them interesting. Fine with me if you borrow a copy instead of buying one...

I don't know if you can tell, but I'm trying hard to make this as pure an exercise as I can. I'm very fortunate to have your attention and (possibly) trust, and I'm certainly not going to blow it for a few bucks. But I'm not naive enough to believe that there are no conflicts. There are plenty of them. People and ideas that I have an irrational attachment to, or habits I've got that are hard to break. I'm hoping that won't get in the way of provoking you to think a little differently.

There are plenty of bloggers and online writers who have far more significant conflicts of interest than I do. And that's just fine. I have no issue with people selling ads or links or affiliate programs. I think, though, that it's essential that you make it clear to people what those conflicts are. Most of the great bloggers I read do just that.

Thanks for reading.

I LOVE it and imitation being the sincerest form of flattery, here goes for this blog:

I don't take advertising on this site. I never have, I don't intend to.

If there's a link on this site, it's because I thought it was a good idea, just plain funny or would impress you. I don't get paid to include links. I write about stuff I like, stuff you might like and people that I like. I also write about what I think it is important for you to know.

The only affiliate program I belong to is Amazon. I am going to start donating all my proceeds from it to charity.

I don't take PR pitches. If you send me a press release, I will go out of my way not to mention you here, unless I think you are really deserving of it. If you ask me to link to you, I will respond with brutal honesty as to why I will or, more likely, why I will not. Oh, and if your blog is so good and relevant, I have probably already seen it or will see it within the next few weeks.

I get paid to give speeches (though I give them for free to various not for profits). I don't mention them on this blog because I want you to attend, though, I mention them because I figure people who like this blog will find them interesting and I also enjoy having people I know go.

I don't know if you can tell, but I'm trying hard to make this as pure an exercise as I can. Towords that end, I am never reluctant to blow the horn for what some may perceive as competitors to this blog or my law firm (see here and here, just by way of example). I do this for many reasons. First, I believe (not sure if I learned this from Godin or developed it on my own) that my firm will never get work by bad-mouthing competitors who do not deserved to be bad-mouthed. Second, the odds of my firm getting business from my spreading good karma are far higher than the odds of my firm getting business from spreading bad karma. Much of my firm's work does come from other lawyers and bloggers. I have to try to separate this blog from my firm because I know that nobody wants to read a daily advertisement.

I link over to my friends as often as it makes sense to do so. I do that because that is what friendship is all about. However, I am limited in doing this by the requirement I set forth above on how every post must be about "stuff I like, stuff you might like....[and stuff] I think it is important for you to know."

Whenever I write about a company in which I own stock, I reveal that fact.

Just as Godin says, "I'm very fortunate to have your attention and (possibly) trust, and I'm certainly not going to blow it for a few bucks. But I'm not naive enough to believe that there are no conflicts. There are plenty of them. People and ideas that I have an irrational attachment to, or habits I've got that are hard to break. I'm hoping that won't get in the way of provoking you to think a little differently."

We moderate comments. When we first started this blog, we accepted virtually every comment except those that engaged in incredibly harsh, unverified attacks on third parties and those which were so horribly racist and/or sexist and or against a religion as to rise to the level of pure evil (as defined by me). We have since gotten tougher, due in large measure to my having realized that a large portion of the comments that were against this blog were actually written by one person using countless different aliases (stupid me for not having thought to check the IP addresses until one of this person's ex-employees pointed it out to me). We now block all comments from this particular individual and also those comments that we deem intended solely to destroy, rather than to enlighten or challenge or spur discussion. I still valiantly strive not to delete any comment simply because I disagree with it. More than anything else, I want this blog to be a place for active, even heated, discussion.

And yes, we have all kinds of biases here. I personally have more than I can probably even list, but I seldom deny them.

Thanks for reading.

More Kudos To Bush On China. This Is What I'm Talkin' 'Bout.

Yesterday, I did a brief post extolling President Bush's "deft handling" of China and the Olympics. Seems I am not the only blogger out there similarly impressed/surprised. In "US-China Relations: George W. Bush’s uncharacteristically nuanced approach," CnReview notes the same thing and does a great job highlighting and explaining Bush's recent speeches on the topic:

President George W. Bush went out of his way to communicate respect for and awareness of Chinese culture/history:
Tonight the Olympic torch will light the home of an ancient civilization with a grand history. Thousands of years ago, the Chinese people developed a common language and unified a great nation. China became the center for art and literature, commerce and philosophy. China advanced the frontiers of knowledge in medicine, astronomy, navigation, engineering, and many other fields.

Bush also highlighted the progress that China has made to date, and the significant shared interests between the two countries:

Today the United States and China have built a strong relationship, rooted in common interests. China has opened its economy and begun to unleash the entrepreneurial spirit of its people. America will continue to support China on the path toward a free economy. We’re also cooperating to fight pandemic diseases and respond to natural disasters. And through the six-party talks, we’re working together to ensure that the Korean Peninsula is free of nuclear weapons.

Bush speaks in terms that emphasize equality. But he does not shy away from speaking out on the ideals and beliefs that are part of American political ideology:

The relationship between our nations is constructive and cooperative and candid. We’ll continue to be candid about our mutual global responsibilities. We must work together to protect the environment and help people in the developing world; continue to be candid about our belief that all people should have the freedom to say what they think and worship as they choose. We strongly believe societies which allow the free expression of ideas tend to be the most prosperous and the most peaceful

CnReview then goes on to set forth, in very clear and simple terms the foundations of how the next US President should approach relations with China:

I hope that the next US President will take a similarly nuanced approach to China which I’ll summarize as:
-Recognizing and honoring the progress that China’s government and people have made, Focusing on significant areas of shared interest, Not shying away from advocating for the human rights that are at the foundation of the US political beliefs, Framing the issues of human rights and freedom of religion as ways to enable China’s people and China’s government to achieve their greatest potential, and Recognizing that China with carve a uniquely Chinese path, that is best determined by the Chinese government and the Chinese people.

James Fallows also extols Bush's handling of US-China relations in a post entitled, "I don't get a chance to say this very often, so.... (compliment to GWBush):"

What made it good was that he emphasized the big picture -- that China, the U.S., and the world will be much better off if China and the US can cooperate than if they fight -- while also being clear about the values the U.S. should stand up for. After the jump, the passage we hard-boiled journalist types call the "nut graf," summarizing his point.

GW Bush gives a speech that displays some familiarity with specifics and some subtlety about larger themes. Plus a mixture of idealism and practicality! I will stop here and offer no speculation about what might have been in other areas of policy. But I will suggest that members of the IOC might read the speech as a guide on being both cooperative and principled.

Fallows goes on to state that "the government and people of China do not have to agree with those sentiments [on human rights, mostly].... [but it's important for the American president to state them." Fallows also notes how Bush's China policy is "more sophisticated than anything that either John McCain or Barack Obama has said on the subject." That ought to be undisputed.

The WSJ China Blog also has a nice post on this, quoting President Bush in Korea emphasizing how he has been saying essentially the same thing to China since he became President: You have nothing to fear from your own people. Again, how true.

Just as an aside. Not only is the WSJ by the best US newspaper (both overall and on China), but it is one of the few newspapers that really gets it with its blogs. Unlike so many other newspapers whose blogs are little more than vanity sites for its reporters, WSJ blogs get right into the mix of blogging, citing to other blogs, and allowing a free flow of comments and trackbacks. Kudos on that.

One more aside. Mostly out of self-preservation, I have to assume Condi Rice has had absolutely nothing to do with President Bush's China policy. It is difficult enough for me to credit President Bush with having done something right on foreign policy, but my entire world view would have to shift were I to believe Condi Rice capable of doing anything right on foreign policy. Probably the best thing about the upcoming presidential election is that no matter who wins, Condi Rice will be gone and we will have a better Secretary of State.

UPDATE: Alice Poon, over at Asia Sentinial, also thought very highly of President Bush's Thailand and China speeches, as noted in her post, "Bush's Speeches of Candor."

Good And Evil

First They Came....

One of the things that always drives me nuts is when I write something critical of China and a reader points out a similar example in the United States. Fine.

It drives me even nuttier when I write something critical of China and someone writes to ask why I don't write the same sort of piece on the United States. Hey, check out the title of this blog.

\Worst of all though is when someone tries to use a similar problem or situation in the United States to justify what is clearly a bad practice in China, as though two wrongs make a right.

But I could not help but compare and contrast when I read a New York Times story today about a middle school principal in Sichuan Province whose caring and concern and -- most importantly -- action, may have saved lives in the recent earthquake. This principal's school did not suffer a single fatality and this was probably due to his having made sure the school was as earthquake proof as he thought it should be, Beijing's weaker standards be damned. As he so perfectly put it: "If I knew there was a hidden danger, and I didn’t do anything about it, then I would be the one responsible.” The Yuan stops here.

Now the contrast.

My youngest daughter attends View Ridge Elementary School here in Seattle, Washington, probably the best, and certainly the best funded, public elementary school in the city. The other day, I was reading a Seattle Times article, entitled, "School's culture failed to stop abuser," detailing how a convicted child abuser had managed to get away with so much for so long. The article seemed to lay much of the blame on a principal who came across to me as far more interested in going along to get along than in protecting elementary school students from sexual abuse. I assumed this principal had been pushed out of the Seattle school system, so imagine my shock when I read this line:

"[Terri] Skjei declined to comment for this story. She is now principal at View Ridge Elementary in Seattle.

My daughter's school!

I was furious. Furious nobody had ever told us that our new principal had this history. Furious my daughter had been attending a school whose principal I now perceive to be morally bankrupt.

A few days later, we parents received a bureaucratic letter vaguely referring to a newspaper article, but not mentioning Ms. Skjei nor even that our school's principal had been in the article. The letter described View Ridge's well formulated protections against sexual abuse, but ignored how we had been deceived and made no mention of what we should do if we no longer wanted our children in the presence of this sort of person. It said nothing of what the school would do regarding future hires nor what we should tell our children about the moral fiber of their school leaders.

Fortunately, my daughter will be graduating from 5th grade tomorrow so I will never have to face having to decide whether to pull her from a great school she loves to one headed up by someone I can stomach. I feel for those left behind who now have to deal with a principal [and a school board?] who appears to me could learn a lot from another principal on the opposite side of the Earth.

Chengdu Blogs On The Scene Of The Earthquake

Barking at the Sun blog has been online from Chengdu since August, 2007, and it has become a good source of information on the recent quake. Check it out.

As I mentioned just last week, US National Public Radio (NPR) is in Chengdu (got there just in time for the quake), and it has been doing a good job blogging on events there. That blog can be found here.

Are there any other good English language blogs out of Sichuan?

The Oracle Of Omaha On China. Well, Not Exactly.

I feel almost compelled to pass on some of the gems Warren Buffet (an apparent hero to the Chinese as well) voiced at Berkshire Hathaway's annual meeting the other day. They are that good.

“Contemplating any business act, an employee should ask himself whether he would be willing to see it immediately described by an informed and critical reporter on the front page of his local paper – there to read by his spouse, children, and friends.”

“The business schools reward difficult complex behavior more than simple behavior, but simple behavior is more effective.” I particularly like this one because I am always saying that the older I get, the more convinced I become that the simple strategy is almost always the right strategy.

“Can you really explain to a fish what it’s like to walk on land? One day on land is worth a thousand years of talking about it, and one day running a business has exactly the same kind of value.”

“If I were to land on earth in a UFO and I went to the bank for $1 billion in currency, would I put all $1 billion in the U.S. dollar? No.”

“If past history is all there is to the game, the richest people would be the librarians.”

“The ability to say ‘no’ is a tremendous advantage for an investor.”

Regarding Coke: “A ‘brand’ is a promise. Ten years ago Richard Branson opened Virgin Cola… There have been hundreds of colas over the years… Who buys some substitute cola for a couple of cents less? Same goes for brand chocolate bars. We feel reasonably good about our products.”

Since I always claim that knowing business is more important to success in China than knowing China, these Buffett bon mots are right on point.

China: The CIA Gets It.

General Michael V. Hayden, Director of the CIA, gave a speech this week at Kansas State University, on, among other things, China's future relationship with the United States. Hayden had this to say:

China, a communist-led, nuclear state that aspires to—and will likely achieve—great power status during this century, will be the focus of U.S. attention. As such, it deserves special mention today.

As is often the case with issues of real consequence for our national security, there are differing views about where China is headed and what its motivations are. Let me give you Mike Hayden’s view: China is a competitor—certainly in the economic realm, and, increasingly, on the geopolitical stage. But China is not an inevitable enemy. There are good policy choices available to both Washington and Beijing that can keep us on the largely peaceful, constructive path we’ve been on for almost 40 years now.

I say that with full appreciation for the remarkable speed and scope of China’s recent military buildup. The Chinese have fully absorbed the lessons of both Gulf wars, developing and integrating advanced weaponry into a modern military force. While it’s true that these new capabilities could pose a risk to U.S. forces and interests in the region, the military modernization is as much about projecting strength as anything else. After two centuries of perceived Western hegemony, China is determined to flex its muscle. It sees an advanced military force as an essential element of great power status. And it is the Intelligence Community’s view that any Chinese regime, even a democratic one, would have similar nationalist goals.

Don’t misunderstand. The military buildup is troubling, because it reinforces long-held concerns about Chinese intentions toward Taiwan. But even without that issue, we assess that a build-up would continue—albeit one that might look somewhat different.

As important as military strength is to China today, economic development and political stability are just as central to its leaders’ thinking—as Ambassador Zhou himself made clear when he was here just 11 weeks ago. From the U.S. perspective, China’s growing engagement with the rest of the world is driven primarily by two things: a need for access to markets, resources, technology, and expertise, and a desire to assert its influence in the region and with developing countries in other parts of the world.

I should note that even as it aspires to a larger global role, China faces significant domestic challenges and structural weaknesses: things like uneven income distribution, growing dependence on foreign oil and other imported resources, environmental degradation, an aging population, and massive migration from rural areas to cities. All of these factors will influence China’s trajectory, and we can’t ignore them. But to me, the key question for the future is whether China is ready to accept the responsibility that comes along with “great power status.”

Today, China’s behavior in the international realm is focused almost exclusively on narrowly defined Chinese objectives. We saw that in the country’s dealings with Sudan, where protection of its oil interests was paramount. Let me give you another example. Two years ago, Beijing pledged to Pacific Island nations more than $370 million at a forum specifically designed to undermine Taiwan’s ties to the region. Much of China’s aid to the developing world comes with few, if any, conditions attached, which undermines the West’s own efforts to promote good governance.

Whether China begins to engage the world in ways that are less narrowly focused will greatly influence the U.S.-China relationship in the new century. If Beijing begins to accept greater responsibility for the health of the international system—as all global powers should—we will remain on a constructive, even if competitive, path. If not, the rise of China begins to look more adversarial.

I concur.

For more views on this speech, check out the following:

1. "Is China Our Enemy?" By Gordon Chang.
2. "CIA director sounds off on the future of the world," at FP Passport.
3. "Pundits talk about China," at Uncommon Misconceptions."
4. "CIA chief says China’s rapid military buildup troubling," at 1913Intel.
5. "I'd Agree With This," at Liberty Pundit.
6. "China and the CIA," at the Seminal.

Managing The Dragon. The Best, Jerry. The Best.

I gave a talk last week at the Plastics News Executive Forum in Tampa, Florida as one of three on a China panel. Jim Walter, Senior VP - Worldwide Product Integrity at Mattel, led off with a fascinating and informative talk on how he spent his summer vacation. Jeremy Haft President of BChinaB and author of the book, All The Tea in China, then gave an excellent presentation on the opportunities in China. My talk was called The Eight Yins And Yangs and it dealt with the contradictions of doing business in China.

On my way to Florida, I read a preview copy of the just released book, Managing the Dragon, by Jack Perkowski. The book details Perkowski's business life from the time he decided to leave NYC investment banking to embark upon business in China, and the trials and tribulations he faced along the way.

This book is the best book I have read on how to do business in China. The best, Jerry! Businesspeople often ask me what book they should read to learn about China. From now on, I will tell them, Managing The Dragon. It is that good.

One of the reasons I liked it so much is because I agreed with just about every word of advice in there on how to conduct business in China. The book helped me to hone my speech, because my speech was pretty much tracking the book's advice before I had even read it.

In addition to being a great primer on how to conduct business in China, parts of it were simply riveting. My favorite chapters were on how Perkowski managed to extricate his company from a couple of joint ventures, once peacefully and once by having to engage in "guerilla warfare." I absolutely loved the warfare chapter both because it was so exciting and because I went through pretty much the exact same thing (just add threatened violence and vodka) on behalf of a client in Russia.

The Economist Magazine calls Managing the Dragon a must read:

Managing the Dragon, Jack Perkowski's story of his almost 13 years running Asimco, an automotive components maker, in China is therefore a rare treat—a first-hand account of the struggle to build a business there. Tim Clissold, Mr Perkowski's former colleague, has already described how Asimco's Chinese partners cheated it out of millions, in his riveting 2004 book, “Mr China”. But Mr Perkowski hung on, and his wise and ultimately optimistic account should be required reading for anyone starting a business in China. Mr Perkowski is sensible on every issue—from the need to nurture (and listen to) local managers to the relative importance of local over central government relations. Most of all, foreigners must not shun the impossibly cut-throat local market because the price paid for a product in China today will be its price globally tomorrow.

Buy it. Read it. You will not be disappointed. I Promise.

Mao Zedong: Mean Or Nice?

Our last poll was such a success, I am running another one, even more sophisticated this time. The official Chinese government position is that he was right 70% of the time and wrong the other 30%.

Please vote AND please comment.


Zhou Enlai: Mean Or Nice?

When my daughters were four or five years old, I would love to mention someone they knew and then ask, "mean or nice?" I would give them maybe 2-3 seconds to answer and I would then blurt out another name. They would outgrow the game (and prove themselves too nuanced to run for political office) once they started to hedge by trying to explain how someone was sometimes mean and sometimes nice.

With apologies to Jeremiah over at the Granite Studio, who somehow manages to find subtlety in Chinese history, and with a thumbing of my nose to those who will write in and accuse me of being simplistic (duh!), here goes the Chinese history version.

Zhou Enlai, mean or nice?

China Labor Law: What's Good For The Law Firm And What's Good For The Lamb.

Since December or so, my firm has been faced with a steady onslaught (that is definitely the right word) of China labor law work. Mostly, what we have been doing is helping companies get into compliance with China's new labor law by hammering out Chinese language contracts with their employees and by drafting Chinese language employment manuals. Almost invariably, our clients ask us if we can also help them with the day to day issues of maintaining a Chinese payroll, which mostly involves making sure the company complies with China's somewhat complicated social benefits and tax payment requirements.

We then tell them they need a company that does this sort of bookkeeping/accounting work all the time and that has the systems in place to handle this sort of thing efficiently. Tim Lamb (hence the title to this post) is one of the people to whom we refer our clients. Tim is Director of FDI [Foreign Direct Investment] Services at JLJ Group, which company is licensed to provide HR dispatching and agency services in China. Dispatching is the employment of personnel. Agency services consists of managing "only the payroll, social benefits and tax payments on behalf of an employer for its own employees."

I am aware of very few companies in China that can handle this work to international standards. Tim can.

Yeah We Won Best Law Blog. No Big Deal.

I have always wanted to be cool. Tommy Lee Jones cool. Jack Nicholson cool. Lauren Bacall cool. Phil Jackson cool. Kwai Chang Caine cool. You know what I mean. Been there done that cool. I mean so cool that when I win or lose an Oscar or win or lose an NBA Championship you cannot tell by looking at me whether I have just won or just lost. That's cool.

I ain't that cool. No way.

I have to confess to being delighted/ecstatic/thrilled/overjoyed/elated/euphoric at our having just won the ABA (American Bar Association -- that's bar as in lawyers, not as in taverns or pubs!) Journal's Top Black Letter Law Blog award. The ABA Journal editors started it off by choosing our blog as one of the top 100 law blogs (out of countless thousands of law blogs) and then you, our loyal readers, voted us to the top.

Thank you, thank you, thank you!

Barack Obama Returns To Reality. Retreats From Chinese Toy Boycott Call.

Three days ago, I did a post, entitled, "Barack Obama On China. Say It Ain't So . . . .Oh But It Is," in which I went after Barack Obama for calling for the United States to ban Chinese toys. In that post, I wondered "whether Mr. Obama completely fails to understand world trade or if he is simply calling for this ban as the ultimate in political pandering. Seems his understanding just increased.

According to this Reuters article (h/t to The Scarlet Pimpernel), entitled, "Obama Retreats From Call For China Toy - Import Ban," Mr. Obama today "stepped back from a pledge to halt U.S. imports of Chinese-made toys because of safety concerns." Instead, he has "reiterated his longstanding call for barring toys with more than a trace amount of lead" and called for doubling "the funding for the Consumer Product Safety Commission."

I am happy to welcome Mr. Obama back to reality.

What Do We Have To Do For Your Vote? The Begging Edition, Part II

One of the things I cannot stand about public television and public radio here in the U.S. is how they constantly beg for money. Well I am proud to announce we are not doing that.

The ABA (American Bar Association) Journal editors chose us as one of the top 100 law blogs and then threw the final decisions on best blog out to the public. We are (for some unknown reason) in the Black Letter Law category and there is some other blog out there (that shall remain nameless because there is no need for anyone even to know about it) that is slowly encroaching upon our first place position. So we desperately need you to CLICK HERE and vote China Law Blog!

Oh, and while you are at it, please also vote for the Transnational Law Blog in the law student blog category. This blog is co-written by my firm's summer associate last summer, Travis Hodgkins. Travis is a good guy and it is a very good blog. Click here for that one. I am also pushing for the What About Clients? Blog in the "All Business" Category, both because it is a truly excellent blog and because its driving force, Dan Hull, is a good friend of mine.

The following blogs (all great blogs, of course) have put up posts in an effort to bring out the China Law Blog vote.

ImageThief (who uses the same post to riff on PR nudity)
Cal Poly MBA Trip
The Humanaught
Beijing Boyce
Eyes East
Briefing Sheet
China Hearsay
Peking Duck (who in addition to calling for readers to vote for us, makes clear that we are not a "neocon, fascist, CCP-boot-licking stooge."
Experience Not Logic
Practice Sources
China Business Law Blog
DalianDalian
The Horse's Mouth, which alleges that a failure to vote for us "will cause your underwear to turn carnivorous and consume your genitals in your sleep."
Zhongnanhai
Sinocidal (the forum, actually) But spreading the pernicious lie that I like cats.
Cup of Cha, which couples it with its own poll as to why people are voting for us. Cup of Cha provides three interesting choices: 1) Fear of CLB's growing power, 2) To placate Cup of Cha's writer, Josh, and 3) Free will. In very early returns, fear of our power is way out front. For the record, we do not care one bit why you vote for us, but we do really, really want you to vote for us.
China Business Blog
Silicon Hutong
The Black China Hand ("with enthusiasm")

I also owe a massive debt of gratitude to Lonnie Hodge and David DeGeest of The China Dreamblogue/Culture Fish Media and Christine Lu of The Chinese Business Network, who have been using various high tech means to bring out the vote.

We thank these fine people and those who have already voted and we plead for more. Voting runs until January 2, but vote NOW. Please.

Miss China Is Miss World 2007 -- The Meaning, The Worldwide Repercussions, The Deep Analysis

As everyone probably knows by now, Miss China was crowned Miss World 2007 in Sanya, China (h/t to Fili). Though I did not watch any of the event and have not a single complaint about Zhang Zilin (see below), I have to think her victory is somehow connected to the event being held in China.

MissChina.jpg

No matter, her crowning has no deep meaning and will have no worldwide repercussions.

Not only that, for once, I am speechless.

Vote China Law Blog -- Pretty Please

As much as I hate begging, I hate losing even more.

So with that in mind, I am begging all our loyal readers (and anyone else) to vote for China Law Blog. We are in the race of our lives (how's that for drama) for the best "black letter law" blog. The ABA (American Bar Association) Journal editors chose us as one of the top ten blogs in this category. Now it is up to the people to decide which of the ten will prevail. Click here and vote China Law Blog!

Oh, and while you are at it, please also vote for the Transnational Law Blog in the law student blog category. This blog is co-written by my firm's summer associate last summer, Travis Hodgkins. Travis is a good guy and it is a very good blog. Click here for that one. I am also pushing for the What About Clients? Blog in the "All Business" Category, both because it is a truly excellent blog and because its driving force, Dan Hull, is a good friend of mine.

Many thanks to the following blogs for putting up posts in an effort to bring out the China Law Blog vote.

ImageThief (who uses the same post to riff on PR nudity)
Cal Poly MBA Trip
The Humanaught
Beijing Boyce
Eyes East
Briefing Sheet
China Hearsay
Peking Duck (who in addition to calling for readers to vote for us, makes clear that we are not a "neocon, fascist, CCP-boot-licking stooge."
Experience Not Logic
Practice Sources
China Business Law Blog
DalianDalian
The Horse's Mouth, which alleges that a failure to vote for us "will cause your underwear to turn carnivorous and consume your genitals in your sleep."
Zhongnanhai
Sinocidal (the forum, actually) But spreading the pernicious lie that I like cats.
Cup of Cha, which couples it with its own poll as to why people are voting for us. Cup of Cha provides three interesting choices: 1) Fear of CLB's growing power, 2) To placate Cup of Cha's writer, Josh, and 3) Free will. In very early returns, fear of our power is way out front. For the record, we do not care one bit why you vote for us, but we do really, really want you to vote for us.
China Business Blog
Silicon Hutong

I also owe a massive debt of gratitude to Lonnie Hodge and David DeGeest of The China Dreamblogue/Culture Fish Media and Christine Lu of The Chinese Business Network, who have been using various high tech means to bring out the vote.

We cannot let these fine people down. And as for those blogs still sitting on the fence, it is not too late; voting runs until January 2.


The Slaw blog
has a post up that does a good job setting forth in one place all of the 100 blawgs up for top honors.

China Law Blog: The High School Edition

When we started this blog nearly two years ago, one of our main precepts was accessibility. In our very first post, we described where we saw ourselves fitting in among the China blogs, we stressed we wanted to be read by more than just lawyers, and we laid out our plans:

There is even a superb Chinese law blog, The Chinese Law Prof Blog, but it has a distinctly academic bent and we will not.

We will be discussing the practical aspects of Chinese law and how it impacts business there. We will be telling you about what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy. We want to start a conversation with, for and about the person who wants to know what is what in China and the practical aspects of starting and grow a business in or involved with China. We are not writing for those who want to know more about Section (A)viii of a particular piece of Chinese legislation or the history of that act or the policy reasons behind it. Our site is not focused on the legal scholar.

We want to initiate a discussion regarding the changing laws in China. We will constantly be challenging the various misconceptions the West has about law in China, including that the law in China does not really matter or that guanxi can supplant it. We will provide information to those who conduct business with or in China as to how they can use the law as both a shield and a sword. We will give you our insights to achieve practical solutions, while doing our best to entertain. We know lawyers are not popular, and though we are ourselves really quite likeable, we recognize the need to avoid those things that incite lawyer hatred. In other words, we will strive to avoid legal jargon and namby-pamby language that attempts to camouflage our views or avoid controversy.

We want this site to be a place for conversation and even controversy. We expect many of you will disagree with us much of the time and we do not care. We will always strive to avoid boring you or being unwilling to take a stand. We are not going to be afraid of being wrong -- in fact, we want you to tell us when and how we are wrong. If you want "lawyer language" or long strings of caveats, you are going to have to pay exorbitant legal fees to get that elsewhere.

I am proud to announce a computer has decreed our success.

According to The Blog Readability Test , one needs only a high school education to read and understand our blog. On the other hand, one must be a genius to understand these China blogs:

-- China Economics Blog
-- China Business Blog
-- Chinese Law Prof
-- Danwei
-- ImageThief

One needs a post graduate education to understand these China blogs:

-- China Business Law
-- China Hearsay
-- This is China

One needs a college degree to understand All Roads Lead To China and Silicon Hutong.

But one needs only a high school degree to understand us.

Now before anyone (everyone?) writes in and rails on me for being a high school level thinker/writer, please remember I could not be more delighted with this result. In the words of the immortal George Bush (maybe quoting him is what puts us at the high school level), bring it on.

Online China Explained

Been a bit too busy to blog on the recently completed American Chamber of Comerce (AmCham) event in Beijing on China's digital universe. I am somewhat glad I waited as so much good stuff has already been written on it that I can get away with mostly just pulling and summarizing.

AmCham's brand new blog, the AmCham Daily, had this to say about the event:

Matt Roberts of About.com moderated the first panel - Decoding China’s Internet Scene - and asked what trends will shape the Internet in China. Siliconhutong.com’s David Wolf, CEO of Wolf Group Asia, cited growing access to wireless and the ensuing mobility this provides as the guiding trend for the next five to ten years. Andrew Lih, a new media academic who is authoring a book about online collaboration, stressed the importance of avoiding situations where content might get your site shut down. “Anyone who can stay ahead of ICP issues will win out in the end,” he said. Micah Truman, CEO of Wanmo Performance Advertising, said e-commerce is the trend to watch: “It’s about to go absolutely nuts.”

Jeremy Goldkorn of The Standards Group and danwei.org moderated the second panel on the business of blogging, kicking off the discussion by asking the speakers why they blog.

On the risks involved in blogging, Will Moss of PR site imagethief.com said he worries about offending current and potential clients, even though he never writes about the former. Despite this, he said the benefits of blogging - an increased profile and potential to attract clients - outweighed the risks. Chinalawblog.com’s Dan Harris, founding member of law firm Harris & Moure, answered that his company is small enough that even if his blog offended half the world, there would still be another half full of potential clients. “The greatest risk is to my marriage because I spend so much time online,” he joked.

David Wolf from Silicon Hutong had this to say about the event, within minutes after its conclusion:

Just got of the dais from my panel at the AmCham-China "Under the Digital Influence 2007." The discussions so far have been superb.

What do I mean by that? I mean that this is one of those rare occasions where I have - without exception - learned something useful and valuable from every one of my fellow panelists.

Matt Roberts - Matt moderated, but his preparation, his selection of questions, and the fact that he sneaked his questions to us beforehand made our discussion livelier and better.

Micah Truman - eCommerce is coming back, and it's coming back HUGE.

Andrew Lih - The tools the Chinese government uses to block certain websites are getting stronger, more robust, and more precise. In one sense, that's disturbing, but in another sense - the precision sense - it is actually a good thing.

Jeremy Goldkorn - Moderated. Ask risky questions, even weird ones. You'll be happier with the answers. Jeremy likes asking the tough questions - of all people, including his friends, and it brings out the best in a group of smart people.

Dan Harris - Comments that add value are fine, but your dedication to free speech cannot overwhelm the value of editing stupid, ad homenim, or irrelevant attacks from your site.

Will Moss - Will finds what I do: the opportunity to build chemistry with potential clients outweighs the danger of chasing potential business away. Also - companies don't blog, people do.

China Expat had this to say about the event:

Yesterday’s AmCham event ‘Under the Digital Influence’ gave an excellent overview of the internet scene in China. There were two panels, the first entitled “Decoding China's Internet Scene” and the second “The Business of Blogging.” Panelists consisted of a virtual who’s who of the China internet world (I’m inclined to say ‘no pun intended’ but I haven’t decided whether it was yet). The discussion was pretty engaging, and it was one of those rare panel events where no one looked sleepy in the 3+ hours.

The first group gave a good amount of insight into a few topics, most interestingly the issue of firewalls/blocking of sites in China. The panelists (Sam Flemming, Andrew Lih, David Wolf and moderator Matt Roberts whose bios can be found here) talked about the apparent government process of deciding which sites to block. I say ‘apparent’ because officials do not comment on what sites are blocked or why. In contrast, other countries often provide lists of banned sites and reasons (pornography, political sensitivity etc).

Another interesting exchange was about the development of web 2.0 (social communities like Facebook etc) in China. The panelists generally agreed that there has not been enough local innovation here despite the wealth of technology talent. Many times Chinese simply adapt foreign favorites, even for sites with basic function like search engine Baidu (which is practically a replication of Google). Andrew Lih even claimed that at one point users in China trying to get to Google were literally redirected to Baidu, something which I had never heard, but somehow find easy to believe.

IP lawyer extraordinaire Stan Abrams over at China Hearsay enjoyed the first panel so much, he discussed C to C commerce in the cab leaving the conference. He then remarked on what a geek this made him and I concurred until I realized I was in that cab and a part of the conversation!

Within the first five minutes of the commencement of the first panel, I knew I was going to enjoy it. All of the panelists so clearly knew whereof they spoke and Roberts so clearly knew the questions to be asked. By the time it concluded, I had written down six questions I wanted to ask, but discretion limited me to two. I tasked CLB co-blogger Steve Dickinson with taking notes and at the conclusion of the first panel he admitted he had been too wrapped up in it to take notes.

As for my panel, I will simply state that I learned tons from my co-panelists and was hugely impressed by Jeremy Goldkorn's fabulous handling of our group. I truly feel honored to have been able to participate in a panel with such thoughtful and gracious people.

Jim Boyce of AmCham deserves massive kudos for putting together such a great event and for his hospitality, both before the event and after. Jim is a great guy and he is seeking to be one of the foreign torchbearers for the 2008 Beijing Olympics. He would be a great representative of China's expat community and I urge you to go here and vote for Jim.

NH Goes Live: "China Eat My Lamb Kebab"

Probably the most famous commenter in the Chinese blogosphere just started his own blog. It appears to be called "China, eat my lamb kebab!" and it is by non other than nanheyangrouchuan (nh for short). I will let him explain the rationale and the anticipated methodology behind his blog:

Many have suggested I start a blog. I really have no use for one but what the heck, I'll put this up and see what happens. I can promise that there will be no deleting of comments regardless of their nature. But if what you say attracts the attention of law enforcement, it's all on you.

As much as nh drives us all crazy with his relentlessly downbeat and one-sidedly negative assessments of China, I for one will be checking out the blog fairly regularly because nh is an amazing source for China info.

NH -- a tepid welcome to the China blogosphere. Oh, and am I the only one who does not understand the reference to lamb kebab?

Thank You China Law Blog Readers

The results are in and China Law Blog has won the Chinalyst Best Blog Award in the Business/Law category. A big thanks to all who voted for us and to Chinalyst for putting on the competition. I am honored by your support. Chinalyst's competition did a great job highlighting the depth and strength of the Chinese blogosphere and as soon as I get the time, I plan to check out countless interesting looking China blogs of which I was previously unfamiliar.

Thanks again.

China Law Blog Begs For Votes

The race for best blog over at the Chinalyst competition is getting down to the wire, with only two days left. Therefore, I beg, implore, plead, and cajole all loyal and not so loyal readers to click HERE and vote for China Law Blog. Push that little plus sign on the right and rest easy, knowing you have done the right thing.

China Law Blog Needs You

ChinaLawBlogNominee.jpg

China Law Blog is in the running for Best Blog in the "Business-Law Blog" category over at Chinalyst. If you want to vote for us (and I know you do, right?) click here and then click again on the point box on the left. In the spirit of public radio and televison pledge drives, I will keep running this post unless and until I am assured of total victory and we are definitely not there yet.

Thanks.

Vote China Law Blog

ChinaLawBlogNominee.jpg

China Law Blog is in the running for Best Blog in the "Business-Law Blog" category over at Chinalyst. If you want to vote for us (and I know you do, right?) click here and then click again on the point box on the left. In the spirit of public radio and televison pledge drives, I will keep running this post unless and until I am assured of total victory.

Momma needs a new pair of shoes.

Will Blog For China "Dream" Job

The July 9 issue of the National Law Journal has an article entitled, "Law blogs can be a successful strategy for job seekers," and CLB's own Travis Hodgkins is pictured and the focus.

Well, okay, he's not really with CLB, but he is with Harris & Moure and he has done a post on here, so let's not get too technical. The point of the article is that law student blogging can lead to big things:

Second-year law student Travis Hodgkins didn't land his summer associate position through top-notch grades, a position on law review or through the traditional on-campus interviewing process.

He landed his dream job by blogging.

Hodgkins, who will begin his third year at University of California Hastings College of the Law, is spending this summer working in Shanghai, China, for Seattle-based law firm Harris & Moure, a job he was offered after name partner Dan Harris messaged him on his law blog, www.transnationallawblog.com, which focuses on events in international law.

"The reality is we never would have hired Travis if not for his blog," said Harris.

For many law students, keeping up a professional blog has become another way to make employment connections. It enables an employer to see students' writing ability and knowledge about a particular subject and, more importantly, it shows that the student is motivated, innovative and takes initiative, Hodgkins said.

"A blog is like a huge billboard sign that is saying to the entire blogosphere, 'I'm a law student that has studied these areas of law and I need a job,' " he said.

I am then quoted regarding the subjects on which law students should blog:

Which is why it is important that if a student wants to attract employers, the substance of the blog should be about a particular area of the law, rather than just a personal journal, said Harris.

"It matters hugely what the person writes about," he said. "Travis' blog contributed in the sense that those who write on China law felt they needed to stop by the site every day to make sure they weren't missing anything."

Though it is true we would never have hired Travis without his blog, the reality is that his blog merely brought him to our attention. Before hiring him we met up with him in person. But it is really quite interesting how blogging is transferring the legal landscape.

For those interested in reading more on legal blogging, I highly recommend the Real Lawyers Have Blogs blog, written by my friend and fellow Seattleite (if one counts Bainbridge Island), Kevin O'Keefe. Oh, and Travis's blog, with a great new post on one of my favorite subjcts, Paris Hilton, can be found here.

Now if I could just figure out how to adjust the damn font size on this new system!

Can China Law Blog Get Mushy Here?

Just a brief GFW update.  I am hoping that by tomorrow China Law Blog will be independent of Typepad and, thus, no longer prey to the Net Nanny. 

Now for the mushy part.  During this time of "blockage" we have received countless words of support online and via e-mail and they mean a lot to me. If I have failed to thank any of you for this before now, please accept my heartfelt thanks now. 

I would particularly like to thank Andy Scott over at the Briefing Blog, Andrew Hupert over at DiligenceChina blog and the somewhat anonymous force behind the ImageThief Blog, all of whom offered me concrete assistance.  I am just glad all three of these blogs were already on our blogroll based strictly on their quality, for I fear that if they were not, I might have to consider adding a second criterion for inclusion.

Again, thank you all.

China Has No Racial Discrimination

Never had so much trouble deciding in what category to put a post before.  I started this blog with six categories and they have never changed.  They are as follows:

  1. China Business.  Anything remotely business related (and not legal) goes in here.
  2. China Travel.   Like it says.  Not terribly common.
  3. Events.  Seminars and the like.
  4. Good People.  People I want to rave about.
  5. Legal News.  The heart and soul of this blog.
  6. Recommended Reading.  Somewhat of a catchall.  Usually used when I just refer briefly to another post or article. 

This is the first time I have ever written about our categories because this is the first time I have been nearly completely nonplussed as to where to put a post.  The post this time is on an article I just read from Xinhua proclaiming that "all ethnic groups in China are equal and no racial discrimination exists."  Not sure if this is the Communist stage of which Marx talked about or what, but certainly kudos are in order.  But there is more:

"China's ethnic groups enjoy equal status and live in harmony. There is no discrimination (directed at any ethnicity)," Dainzhub, who is of Tibetan origin, said at a press conference in response to a Reuters reporter who asked whether racial discrimination existed in Chinese society.

China has 55 ethnic minority groups. The Han people account for more than 90 percent of the country's total population.

"People from different ethnic groups often help each other and their relations are harmonious," he said, adding the central government was investing more money to alleviate poverty in some ethnic minority groups.

"The 56 ethnic groups are like brothers and sisters living in one family," said Dainzhub.

I am going to put this one in the good people category, but if China keeps this up, I am going to have to add one for fiction.

Boycott Time's New China Blog

Just kidding.

Give them two more weeks and if it changes, cancel the boycott. I am dead serious.

It is ironic Time's China blog offends me so much since its overriding goal seems to be to say nothing so as not to offend anyone.  Actually, that is what offends me. 

Time starts a China blog and then leaves out the good stuff that makes a blog a blog.  It reads like none of its writers have read any other China blogs before starting this one.  It has no heart, no voice, no soul.  It has nothing to say.  No reason for being. 

There are excellent China blogs out there with which I nearly always agree.  DiligenceChina, ChinaBusinessServices and ImageThief come to mind.  There are excellent blogs out there with which I usually agree, like Chinese Law Prof blog, EastWestNorthSouth, Silicon Hutong, and Angry Chinese Blogger.  There are excellent China blogs with which I sometimes strongly agree and sometimes strongly disagree, like the 88s, Peking Duck, Sinocidal and China Confidential.

I immensely enjoy all of these blogs (and many more) and I strive to read them every day because they might have something to say that nobody else is saying.  It may be a new tidbit of information, a new story, a new way of looking at things, or a new idea.  I do not know what I will find on these blogs, but I do know that if I do not check them regularly I might find myself out of the China loop on something and I cannot brook that.  I have been checking Time's blog each day, but just to see how long it can go without saying anything of any import. 

Every Time China blog post is a rehash of what someone has already said, mostly weeks or even months ago.  Here is a list of their posts so far:

  • China's one child policy creates brats
  • Beijing is polluted, by Simon Elegant
  • "If you take your eyes off China for even a few days, a lot can change," by Susan Jakes
  • Beijing is clear today, by Simon Elegant
  • Bird flu is back
  • Where are the children's playgrounds?
  • A building was here yesterday and now it is gone, by Susan Jakes
  • Migrants and Money
  • Danwei, China Digital Times, EastSouthNorthWest are great. "I'm now going to write about them. Then maybe they'll write about us."
  • It's not easy being green.

And remember, it is not some ESLer in Nanjing I am picking on here, it is the Time-Warner empire, which has the money and the people to do so much better. 

So Time -- get bloglike or go home.  More advice: if you want to tell people CLB has it all wrong about you, do a post entitled:  Screw China Law Blog.  I dare you.

Vote Yao, He's Chinese

The other day I did a post entitled, "Gerald Ford Epitomizes The United States, But What About China?"  The post asked who epitomizes China and we got a slew of responses --53 comments so far, with Zhou Enlai most often mentioned. 

Chris over at the Eyes East blog went for Yao Ming:

I have absolutely no qualification for any of this. Gerald Ford was out of office before I was born. So was Jimmy Carter. OK, now that I've sacrificed any credibility, I'm going to offer the one Chinese icon absolutely no one (in China) dislikes:

Yao Ming.

CLB and Granite Studio have both argued rather convincingly that Yao is what China wants to be. Since he's not actually a political figure, there's no worries about actually talking about him. And my students love to tell me how many times to Rockets have beaten the Lakers (who I suppose I should root for, being from LA). If I'm dead wrong on this, blame it on my youth and the fact that I don't actually watch basketball.

I responded to Eyes East's comment by asking a series of questions:

Chris --

Thanks for checking in. I too have absolutely no qualification for this.

Yao Ming is an interesting choice. Very interesting.

Reminds me of Korea's Chan Ho Park during his heyday in the mid-1990's. Everywhere I went in Korea, people would mention him. EVERYWHERE. I would sit down at the sushi restaurant in my hotel, and the sushi chef would say "Chan Ho Park. Best Pitcher" and give a thumbs up sign. To which I would ALWAYS say, "Chan Ho Park. Good pitcher. NOT best pitcher." Those who spoke better English would sometimes try to tell me he was the best pitcher ever. To which I would say, he is a good pitcher, not even a great pitcher and nobody in the United States thinks he's a great pitcher. They would then tell me that the Korean papers were saying he was the best pitcher in the United States. I finally tired of telling the truth about Park and bursting everyone's bubble and just started flashing my own thumbs up in response. Park faded fast in every way.

Yao Ming is better than Park ever was and he has tremendous potential. But I mention Park because it is not clear to me that China's love of Ming goes beyond Korea's fleeting love of Park. Do the Chinese respect/love Ming himself or, like the Koreans and Park (and I have no doubt this was true of Park), do they simply like basking in the fact that a Chinese person is at the top of an American (worldwide) game?  Does Ming symbolize China or just Chinese pride?  What are China's views on his character?  What would happen if you were to ask your class to name China's greatest figure from among Zhou Enlai, Sun Yat Sen and Yao Ming? Would they laugh or just start answering?

I am asking these questions because I have no idea of the answer and I would actually love to know. Sorry for "assigning you a 20 page essay, but wouldn't you love to know too?

Chris sought to respond to my questions via a comment to this blog, but due to new blocking by Typepad (If you are having problems leaving comments please: 1)Go here and fill out the Typepad form to get your IP address unblocked, and/or  2) e-mail me with your comment.)  So instead, he did a new post on his blog, which I am putting here now because it is too good to remain blocked:

I'm feeling a bit left out. Earlier this week, China Law Blog put up a post on the recently deceased Gerald Ford, saying the 38th president epitomizes American values. Who, Dan then asked, is China's Ford? Who encapsulates what China is or wants to be?

Then Jeremiah over at the Granite Studio jumped in with his own historical take on it. These being two of my favorite blogs and both daily reads, I was all set to put my own thoughts into the discussion. I did manage to get one comment onto CLB, but since then I've been cut off.

Despite being in one of the most hooked-up countries in the world [Korea, which is, I believe, THE most internet connected country in the world], I seem to be stuck in the one room with internet connectivity worse than what I had in China.  For some reason, I can't get a comment up on either CLB or the Granite Studio, mostly because of their comment spam filters. I don't begrudge their want of security; it's my connection that's lagging. I would have just let the conversation go it's own way without me, since it's been interesting enough without me dragging it down, but Dan put a comment on my last post asking me to jump back in, so here goes.

And I meant to reply. The questions are indeed interesting, and nationalism and identity issues were my bread and butter during undergrad, so I've been following this discussion at every step. But, as I mentioned, I can't seem to get a comment up on either site, so hopefully this will suffice for both Granite Studio and CLB:

First off: Chan Ho Park. Did you really have to bring up that painful memory? The last thing I remember him doing was giving up two grand slams to the same player in the same inning in a game against the St. Louis Cardinals. Sometimes it's just hard being a Dodger fan.

Anyway, here's my unqualified and generally unresearched thoughts. Keep in mind that my students are now in another country and I won't see them until March.

Do the Chinese respect/love Ming himself or, like the Koreans and Park (and I have no doubt this was true of Park) do they simply like basking in the fact that a Chinese person is at the top of an American (worldwide) game?
I'd say it's nationalistic first and personal second. While Yao definitely gets credit for being a stellar player, there are a lot of stellar players in the NBA. While I occasionally hear other names mentioned, what I get a lot is how much better Yao is than Kobe or Shaq.

Does Yao Ming symbolize China or just Chinese pride?
Not sure how to answer this one. Offhand, I'd say pride more than the country itself, since China is just too plain big to wrap up in any individual (much as Mao tried).

What are China's views on his character? No idea. Will ask around when I'm back in China.

What would happen if you were to ask your class to name China's greatest figure from among Zhou Enlai, Sun Yat Sen and Yao Ming? Would they laugh or just start answering.
Again, couldn't say, but definitely something to bring up next semester.

I think Dan and Jeremiah said it best in comparing Yao's newfound assertiveness with China's recent realization that it is, in fact, a world power. Yao is a symbol, not a leader. He's not setting policy and no one is likely to appoint him to a government post, but as an icon, he works. He's someone the Chinese, either the CCP [The Communist Party] or just plain everyone, can build a myth around because, one, he's succeeding internationally, and two, he's from the mainland, not Taiwan or Hong Kong. He's all PRC.

This seems to be getting farther and farther away from Gerald Ford. Here's my attempt to bring it back:

As Yao excels on the international stage, especially against American players, he gives the Chinese some symbolic cover to be more chauvinist in their personal nationalism. He's not a national healer, like Ford, so it's not a direct parallel, but by being where he is and doing what he does, he's giving the Chinese a way to talk about moving from "up and comer" to whatever's next. Again, it's all symbolic. He isn't actually doing anything besides playing basketball.

I'd be curious to see what would happen if there were another equally successful Chinese NBA star (or several). Would Yao still be the one? Or would every Chinese player get the same attention?

Frankly Chris, I am not sure whether Typepad blocked you because of your IP address or if some person or software program did so in response to your seeking to evoke sympathy as a Dodger fan.  How can "fans" who arrive in the 3rd inning and leaving in the 7th ever deserve sympathy?  I am a Cubs fan.  Nough said

China Law Blog Is Kickin' It

I virtually never point out when another website "endorses" us.  I figure our readers stay or leave based on our content; compliments will not help.  But I just cannot resist this one because I find it so darn funny. 

China Law Blog has just been anointed as trendy.  That's right, go to the Fashion Trends Blog and look for us right above the Chocolate & Zucchini Blog, which has posts with titles like, "Croquants Ch�taigne et Noix de P�can."  Now that's trendy. 

Now I just have to convince my kids, who when I tell them about this newest honor will immediately say "no way."   Way

That's right, uh huh, we bad.

Gerald Ford Epitomizes America, But What About China?

I grew up 45 minutes from Grand Rapids, Michigan, which city will always be associated with our 38th President, Gerald R. Ford.  Everyone I ever knew from Grand Rapids (and there are plenty of those people) would talk about having known someone who played football with or at least knew President Ford.  I saw him from about ten feet away at a rally in Grand Rapids once and I will never forget it. 

Forget the politics, he was an American like George Washington was an American.  He was what Americans call "salt of the earth."  Modest.  Quietly religious.  Hard working.  Steady.  Solid.  Genuine. 

American.

For days I have been wanting to write something on our late President, but could not think of any way to legitimately link it to China. 

Then it hit me.  Who is China's Gerald Ford?  Who among China's pantheon is or was nearly universally liked and respected.  Of what Chinese person, past or present, would just about every Chinese person be proud to say, "he (or she) came from China?"  Who epitomizes the China the Chinese want China to be?  I really am curious about this. 

The comment lines are wide open.

Five Things You Did Not Know About Me (Nor Cared To Know): What's China Got To Do With It?

Just saw that Sam Flemming at China Word of Mouth Blog has tagged me for what is called a blog meme.  Sam was tagged by the Net Savvy Executive Blog, who was tagged by the Resonance Partnership Blog, who was tagged by Diva Marketing Blog, who was tagged by Shel Israel, of Naked Conversations, who is a pretty famous guy....

What this means is that I have to list five things you don't know about me.  Reminds me of those horrible chain letters to which I never responded as a child, but for fear of a fate worse than death, I am going to keep this one alive.  I put China in the title of this post because I cannot even remember the last time I did a post without China or Chinese in the title and I fear bad things will happen to me if I leave it out.   

It does not help that Sam's life sounds so much more interesting than mine, but here goes:

1.  I feel it is my duty to watch just about every movie.  During a particularly hot day while I was in law school, I sat through four straight movies, including Porky's.  (It may even have been Porky's II, but I am not sure).  This three day weekend I saw Little Miss Sunshine (much worse than I expected), Charlotte's Web (well done, but strictly for kids), Pursuit of Happyness (better than I expected) and Dreamgirls (every bit as good as I expected).  Saw Dreamgirls on Christmas Day, day after James Brown died.  I have not read a novel since polishing off The Kite Runner in one day about two years ago and before that it was Crime and Punishment in 1981.  My father is a retired English professor and I have nothing against novels; it's just that movies do the same thing (or nearly so) for me and in about 1/10 the time.  I admit this makes me a Philistine.    

2.  I majored in French not because of an overwhelming interest in it, but because I knew it would be easy because I had lived in France when I was a kid and because the most beautiful girl at my college was leaving for France the next semester and I knew going on that program would increase my odds of getting a date.  She is now my wife. 

3. If there is reincarnation, I spent a prior life in Japan.  I seem to have an amazing facility to understand Japanese (not true of any other language) and an amazing ability to find my way around Japan (not true of any other country).  I was in the courthouse in Sapporo anxiously awaiting a judge's decision in a crucial case.  I was in a hot stuffy room making small talk with my local counsel when the tension and cigarette smoke told me I had to leave.  I wanted ice cream and peace and quiet.  I just started walking as though I knew where I was going and it turned out I did.  I ended up at a beautiful park with a tiny ice cream store (this was the only store in this completely residential neighborhood) at its border.  I bought ice cream and the shopkeeper smiled at me as though she knew I would be showing up. I felt I had been to both the store and the park before.  I eat Japanese food just about every day, usually twice a day.   

4.   The most important class I ever took was typing.  My parents insisted I take it during high school and I am just so glad they did.  Definitely more helpful to me than the international law course I took in law school.  Not kidding.  Not sure if there is a moral to this, but it seems there has to be.

5.  Bob Dylan, Walter Payton, Marvin Gaye, Jerry West, Oscar Robertson, Henry (Scoop) Jackson, Daniel Patrick Moynihan, John F. Kennedy, Bobby Kennedy, and Martin Luther King, Jr. were the people I looked up to when I was a kid and, to a certain extent, still do.   For years I wanted to be the next Pistol Pete; I now live my basketball dreams through my daughters, both of whom (I am certain) can beat Sam's kid in hoops.   

Next up for tagging (you're it):

Please don't hate me.

Vote China Law Blog

It's official.

Voting has now opened for the Weblogs Award's Best Asian Blog of 2006 and if you wish to vote for China Law Blog you can do so by clicking here.   China Law Blog has the coveted second slot.  Please do vote every day until the voting concludes. 

Much appreciated.

China Law Blog Named Best Asian Blog Finalist

I am proud to announce China Law Blog is a finalist for the 2006 Weblog Best Asian Blog award.  The Weblog received nearly 4,500 nominations in 45 categories and selected less than 450 as finalists, so I truly do feel honored to have made the cut.  The Weblog Awards have been around since 2003. 

The following blogs are competing for the Best Asian Blog:

  • 8.T.C.M.
  • The China Law Blog
  • Pinoy Stupid
  • IZ Reloaded
  • The Western Confucian
  • One Man Bandwidth
  • The Daily Dumpling
  • Kristin Collins (Commontales)
  • Japan Marketing News
  • Desicritics

Borrowing from the Radioactive Liberty blog, I urge you to "Vote early, vote often.  Vote, even if you're dead.  I suggest traveling around with a hot spot detector and a laptop so you can vote five or six times a day."   

Oh yeah, and vote for China Law Blog.  I will be begging for your votes every day (the voting starts on Thursday) and will (technology willing) be setting up links over to the voting booth.

China's Proposed Labor Law Causing Sucking Sounds

The other day I posted on China's proposed new labor laws, in a post entitled, "China's Proposed Labor Law:Going After Capitalists Like China, 1967."  Got a great comment from Seoul super-lawyer, Brendan Carr, that is so good and so helpful, it deserves its own post.  So here goes, in Brendan's own words:

Korea already has a Labor Standards Act (LSA) which confers job security like you're describing the Chinese act wants to provide. Boy, does the LSA suck. Its primary and signal defect is the arbitrariness of having such a law in an environment where only the foreign companies, and big Korean companies, give a dang about compliance. Smaller Korean companies are beastly employers, but there are so many of them -- and they have so many other legal problems -- that it's not worthwhile for authorities to police them. So instead they focus on the errant multinational, who "ought to know better" because of the famous foreign brand.

Free legal advice to foreign employers: Fixed term contracts should start off at 12 months. Never hire anyone on an open-ended contract, which is employment for life ab initio, or a contract longer than 12 months (you can't enforce the longer period against the Korean employee anyway). And before that fixed term contract has renewed a second time, make a decision whether you feel comfortable having the employee around forever. Because that's the legal position after that contract has renewed twice.

From a competitive standpoint, as we hear the giant sucking sound over here in Seoul, we can say Hell, yes, China -- do it! as an equally bad labor law will level the employment-law playing field. But on an objective level, it sure seems stupid.

Four things (at least) worthy of highlight from Brendan's comment, now post:

1.  Tougher laws, without equal enforcement, are a way to camouflage discrimination against foreign companies.   Korea and Japan are notorious for this.

2.  Laws do influence where companies locate.  Yes, it would be great if China's labor laws where as protective as those in Sweden, but if they were, countless companies now in China will indeed move to places like Vietnam.  What is best for the Chinese worker?  I am not calling for 70 hour weeks or no minimum wage, but at the same time, there has to be a balancing.

3.  Good lawyers figure out how to use laws to their clients' advantage and this means that laws relating to business rarely immediately succeed in fulfilling all of their goals.

4.  Brendan Carr should start a Korean Law Blog.  I know he is already one of the authors of Korea's leading blog, The Marmot's Hole, but I am serious.  Brendan?

Blog Gurus -- Josh Hallet And "Buzz" Bruggeman

Josh Hallet came to Seattle the other day for what he calls a giant "geekfest" and what most call Gnomedex.  Josh started and runs Hyku, a "Blog and Social Media Consulting" firm.  I know Josh because when we needed help with this blog, "everyone" told me to "call Josh."  Josh ended up designing our blog and teaching me more than I could ever have hoped to know about blogging, which probably equals about 1/100 of what he knows.  Josh does not charge the so-called "China Price" for his blog consulting, but considering the quality of his work,the big name clients for whom he consults, and the many high profile events at which he speaks, his rates are emmintently fair.

Buzz Bruggeman, once of Florida, but now Seattle, was also at my meeting with Josh.  Buzz (Does everyone call him "Buzz" because he is incapable of NOT generating a "buzz" wherever he goes or is it a haircut thing?) was also attending Gnomedex.  If everyone talks about Josh, everyone talks with Buzz.  Buzz is a former lawyer, now the CEO of Activewords Systems, Inc., which produces Activewords software, which I can personally attest is absolutely incredible.  In Naked Conversations, probably the seminal book on blogging and also itself a blog, Robert Scoble and Shel Israel aptly refer to Buzz as "the Connection King."   Shel Israel did this great post about Buzz and ActiveWords and I wholeheartedly concur.

You want help with your blog, call Josh.   You want to learn about what passion can do for your business (or about ActiveWords!), call (or just watch or wait for) Buzz.

China -- Not Just For Americans Anymore

The title is, of course (you did realize it, right?), a joke.  But the point is we Americans sometimes fail to realize the global forces affecting us affect more than just us.      

La Gaceta De Los Negocios ("The Journal of Business"), oftentimes referred to as "Spain's Wall Street Journal," just did a big story on Nadja Vietz of my firm. The article is here and its English translation is here.  So, without even a hint of bias or subjectivity, I am making Nadja the subject of this "Good People" post.

Nadja's legal background reads like a travelogue.  She has law degrees from Germany and from France, and she is licensed to practice law in Spain and in Germany and she will be sitting for the Washington State Bar Exam this summer (how many people do you know who have passed three country's bar exams?). 

Nadja joined Harris & Moure in 2005, after moving here with her Spanish husband who works at Microsoft.  Nadja is fluent in Spanish, German, and English, and nearly fluent in French.  Nadja also speaks some Russian. 

Upon first joining Harris & Moure, Nadja mostly worked on European matters for U.S. companies and on U.S. matters for mostly Latin American companies.  Increasingly, however, Nadja has also been working with other firm lawyers to assist Spanish, German, and Latin American companies with their Chinese law matters.  Nadja is currently working with Steve to help a Spanish manufacturer revise its Chinese OEM contracts, helping a Latin American electronics manufacturer form a joint venture with a Chinese company (yes, joint ventures do still occasionally make sense), and assisting a Mexican company with its Chinese trademark and IP matters.

Nadja recently co-wrote, with Steve, an in-depth article (in German) on Chinese limited liability companies entitled "The New Law about Limited Liability Companies of the People's Republic of China", that was published in one of Germany's most respected legal journals, the GmbHRundschau/LLC Review (Germany), March 15, 2006.  Nadja previously wrote an article for that same publication's January 1, 2003, issue, on "The new LLC in Spain" and she previously wrote an article, entitled, "Distributor or Commercial Agent for German companies in Spain - Legal Characteristics and Practical Indications," for MessTac Automation, another German publication.  A number of German Chambers of Commerce have invited Nadja to Germany this summer to speak on China.      

Nadja's knowledge of Spanish and German law, coupled with her exceptional language skills have allowed Harris & Moure to continue expanding its China practice beyond the English speaking world.  We will be running this post in Spanish as well.

UPDATE: Nadja passed the Washington State bar exam on her very first try, making her (I believe) the only lawyer in the world licensed to practice law in three different countries with three different languages (German, Spanish, and English).

China -- Ya No S'lo Para Los Americanos

El t'tulo es, por supuesto, una broma ('Se hab'a dado cuenta verdad?). Lo que quiero decir con ello es que nosotros los americanos, a veces tenemos la tendencia a olvidar que las mismas fuerzas globales que nos afectan, tambi'n afectan a otros.

A menudo digo que es dif'cil encontrar una empresa estadounidense que no piense, por lo menos, en China. Lo mismo es verdad para empresas de todo el mundo. En la "Gaceta De Los Negocios", muchas veces referido como el "Wall Street Journal" de Espa'a, acaba de salir un suplemento sobre la "Internacionalizaci'n de la Empresa", en el que tambi'n sali' una entrevista con Nadja Vietz de mi despacho. Su trabajo en el despacho consiste sobre todo en asistir a empresas europeas en sus asuntos de derecho internacional. Con siquiera un poco de inter's o subjetividad, hago a Nadja el tema de este post llamado "Gente Buena".

La educaci'n y experiencia profesional que tiene Nadja parece un diario de viaje. Est' licenciada en Derecho alem'n y diplomada en Derecho Franc's, Derecho Internacional P'blico y Derecho Europeo, y est' colegiada para ejercer derecho en Alemania y Espa'a.   Cruise Ship Injury Law.  Entr' en Harris & Moure en 2005, despu's de mudarse aqu' con su marido espa'ol que trabaja en Microsoft. Nadja habla espa'ol, alem'n, ingl's y franc's, y tienen nociones en ruso.

Al entrar en Harris & Moure, Nadja sobretodo trabaj' en asuntos europeos para empresas estadounidenses y en asuntos estadounidenses para empresas de Am'rica latina. Sin embargo, cada vez m's Nadja ha estado trabajando con otros abogados del despacho para asistir a empresas espa'olas, alemanas y de Am'rica latina en sus asuntos de derecho chino. En la actualidad, Nadja colabora con Steve para ayudar a un fabricante espa'ol a revisar sus contratos de fabricaci'n en China y para ayudar a un fabricante de productos electr'nicos de Am'rica latina a formar un Joint Venture en China (s', los Joint Ventures a veces siguen teniendo sentido).

Los conocimientos de Nadja en derecho espa'ol y alem'n, junto con sus habilidades excepcionales para los idiomas han permitido a Harris & Moure ampliar su trabajo en asuntos relacionados con China m's all' del mundo de habla inglesa. Este verano, despu's de tomar el examen de abogac'a para el Estado de Washington ('A cu'nta gente conoce que ha pasado el examen de abogac'a en tres pa'ses?), Nadja ir' a Alemania para dar charlas ante algunas C'maras de Comercio alemanas que la han invitado para hablar sobre China.

Nadja recientemente fue co-autora de un art'culo detallado (en alem'n) sobre "La nueva ley de sociedades de responsabilidad limitada de la rep'blica China", que fue publicado en una de las revistas de derecho m's conocidas en Alemania, el "GmbH Rundschau" ("Revisi'n de la LLC"), en su edici'n del 15 de marzo de 2006. Nadja hab'a publicado antes un art'culo all', en la edici'n del 1 de enero de 2003, de la misma revista, sobre "La nueva empresa en Espa'a". Tambi'n escribi' el art'culo "Agente comercial o distribuidor para compa''as alemanas en Espa'a - Caracter'sticas legales e indicaciones pr'cticas", para MessTec Automation (Alemania), en junio de 2003.

China Law Blog Makes The News -- Can We Stop With This Already?

I just wish President Hu would visit Seattle every day. 

Because of his visit, a local paper did a story on my law firm's China practice today, I appeared on BBC World to discuss China, and, now, China Venture News just ran a post on my firm's China practice and its financial company work, entitled, "Seattle Law Firm Opens China's Door For Small Companies.

Everyone (including the media above) have been asking Steve and me about our views on the impact President Hu's visit will have on our China practice and on our clients.  Our response has been basically "little to none."  Now that President Hu is here in town, however, I feel we should revise our prediction, as his visit has had the following effects:

1.  It has given us great publicity. 

2.  It made the sushi restaurant across the street from our office, Red Fin, (to which I go just about every day) more crowded.  Today it seemed everyone there was a reporter staying at the hotel next door.

3.  It has made our office quite noisy as helicopters have been flying overhead nearly all day.

4.  And, if I ever get out of the office, I am guessing traffic will be an even bigger nightmare than usual. 

Well, maybe every day would be too often.

Nicobar Group -- China Manufacturing and Logistical Gurus

Manufacturing good quality products efficiently is difficult.  The slew of cultural and language difficulties make doing so in China even tougher.  Barrett Comiskey and Andy Mulkerin, of the Nicobar Group are the ones to call for help in this arena.  I find it hard to imagine anyone better. 

The Nicobar Group focuses on assisting manufacturing companies in improving their cost structure in China and in establishing manufacturing strategies and supply chains.  Their Chinese headquarters is located in one of Shanghai's hippest neighborhoods, on a side street, tucked in among some of Shanghai's leading art galleries.  Nicobar is on the third floor of a building mostly inhabited by galleries and art businesses.

Barrett and Andy are Nicobar Group's Managing Partners. Like so many doing big things in China, they are both in their early thirties.  Both have strong engineering and business backgrounds. 

Barrett speaks fluent Mandarin and has spent ten years in technology, the last five years focusing on China.  Barrett co-founded E-ink in 1997 and he still serves as its Executive Advisor.  E Ink is in the forefront of developing electronic books and Sony is using E Ink's technology in its just released, and highly touted,  Librie e-book. Barrett pioneered E Ink's original research at the world renowned MIT Media Lab and then led the development and transfer to manufacturing of E Ink electronic materials. Barrett then moved to the business side to structure manufacturing alliances with electronics companies throughout Asia.  He is sole or co-inventor on 40 US Patents and was selected by the World Economic Forum as a Technology Pioneer. Barrett holds a BS from MIT in Mathematics with a minor in Mechanical Engineering, and an MBA from Stanford Graduate School of Business where his focus was on Supply Chain Management.

Andy Mulkerin has similarly eye popping credentials.  Andy graduated from Columbia University with a BS in chemical engineering focusing on manufacturing plant design and then ran the Domino Sugar specialty sugars refinery in New York for few years.  From there, he built and managed E Ink's chemical and electronics manufacturing operations and then pulled down an MBA from Harvard Business School.  Andy has extensive experience in manufacturing/process management, manufacturing transfer, and the design and implementation of quality systems.  Andy worked in product strategy for Sony and developed Sony's strategy for commercially introducing its Blu-ray optical disc technology which will debut in Sony�s Playstation 3 product.

Nicobar's third manager, whom I have never met, is JoJo Tsai.  Ms. Tsai speaks Mandarin, Taiwanese, and English, and conversational Cantonese.  She has a law degree from Fu Ren University in Taipei.  She is Nicobar's cultural and linguistic liaison with the China facilities with whom Nicobar is working. 

Nicobar's forte in China is using advanced engineering and supply chain knowledge to reduce the manufacturing costs for its (mostly) Western clients.  Nicobar achieves these savings by clearly defining the US clients� sourcing goals and ensuring that the sourcing activities � whether they involve technology transfer, or simply the enforcement of rigorous technical specifications � is in line with the clients� strategy in Asia as well as their overall corporate strategy. Business 2.0 featured them in an article on China last year, entitled, "Making It In China." 

Their approach is refreshing in its simplicity. They�re honest, straight-shooting guys who know how to get stuff done in China. If you need sourcing and consulting work and want to work with top shelf professionals, you�ve just found your team.

Caterpillar CEO Speaks Out Against U.S. Imposing New China Tariffs

Thank you Caterpillar

Caterpillar's CEO, Jim Owens, warned today that deteriorating trade relations between the US and China could plunge the global economy into recession and called on the United States Congress to back away from protectionist measures: 

"Personally, I can think of no faster path to a worldwide recession than for the twin engines of the global economy...to turn against each other," he told a manufacturing conference here. "And if some misguided piece of legislation like the Schumer bill gets through Congress, the chances of that happening are high."

Mr Owens sought to defuse support from smaller US manufacturers for trade barriers. "If the US adopts trade barriers . . . then all US manufacturers � large and small � will see access to their prospective customers restricted," he said.

To which, I say amen. 

Andrew Hupert -- Shanghai Marketing and HR Consultant

A management consultant on the ground in Shanghai who truly understands both Western and Chinese business practices is invaluable. Andrew Hupert is one of the few people I know who fills this bill. 

Andrew has spent more than twelve years living and working in China as a finance and management professional.  He came to Asia in 1990 after receiving his MBA in International Finance from New York University's Leonard N. Stern School of Business.   

Andrew has been living in Shanghai for the past four years, where he runs a sales training consultancy business focused on management, marketing and HR in China.  In addition to his consulting business, Andrew also publishes www.DiligenceChina.com to assist companies new to China or planning to start operations there and www.ChinaSolved.com, which focuses on applying international best business practices to existing China-based operations.  Andrew also frequently lectures on these same things for various Shanghai MBA programs.

On top of his extensive knowledge of China business practices, Andrew also has a deep knowledge of China's stock markets (of which he is quite skeptical) and he is a great source of Shanghai information.  I always find meeting with Andrew to be both informative and interesting and I recommend him for marketing and HR help in China.  Andrew can be reached at andrew@bestpracticeschina.com

Amazing Lawyers and The Criminal Side of China Business

I mentioned earlier that Steve Dickinson had been selected by Washington CEO Magazine, as one of five "Amazing Lawyers" and today the issue hit the newstands. I don't want to go all Sally Fields on you here but I was thrilled to see that Steve and I made up two of the three international lawyers named by our lawyer peers as the best in Washington. The magazine did a feature story on five lawyers, including Steve. Calling Steve "The Communicator," the article talked about his fluency in Chinese and Japanese and how his extensive experience with and knowledge of China helps him in his China legal work. The article also talked about our firm's China law practice, focusing in particular on the assistance we provide foreign companies already in or planning on going into China. The article also talked a bit about Steve's white collar criminal work in China on behalf of foreign defendants. One little known, but rather chilling aspect of doing business in China are the laws there criminalizing business related actions that are not be considered criminal in most Western countries. When a foreigner is charged with a crime in China, Harris & Moure assists by working with the defendant and the Chinese criminal lawyer in China and by gathering up exculpatory evidence from outside China. We do this in tandem with the top criminal lawyers in China, none of whom (as far as we know) speak a word of English. We will in the near future be blogging on the impact of China's criminal laws on business there.

The Wall Street Journal -- They Like Us. They Really Like Us.

In the we are not above shameless self-promotion category, we cannot resist pointing out that the Wall Street Journal Blog posted today on our recent story of the Chinese company suing a U.S. company for patent infringement.  To make sure everyone gets the good parts, I am quoting the entire post in full below:

Chinese Company Sues U.S. Firm For Patent Infringement

On the China Law blog Seattle lawyer Dan Harris sees the lawsuit "as further evidence of increasing maturation of Chinese companies regarding the importance of both innovation and intellectual property protection."

Thank you Wall Street Journal. 

Lars Blacken -- Shanghai Industrial Designer

China has a dearth of high level industrial designers.  Lars Blacken is one of the few. 

Lars heads up onetwodesign, a small industrial design company with offices in Shanghai and in Seattle.  I learned about Lars after a China consulting firm client asked us to look out for good service companies in China they might recommend to their clients.  Days later, Business Week ran an article highlighting Lars as a leader in China's nascent ex-pat industrial design community.  Additional Internet research revealed Lars listed as one of four people "bringing innovative thinking and a fresh look to the Middle Kingdom."   

Though Lars is only 29 years old, he has been an industrial designer in Shanghai for nearly three years, the last two after founding onetwodesign.  Much of Lars' work in China has been for Samsung, but he also has worked for Huawei, China's leading networking firm (often called "China's Cisco") and for a multitude of foreign firms with a China presence.   

Lars told us how foreign companies in China need industrial design that fits with both what they are doing outside China and with the increasingly sophisticated demands of Chinese buyers.  He also talked about how his company assists foreign companies in integrating the outside with the inside, in large part by overseeing implementation by Chinese designers and manufacturing facilities.  Lars speaks enough Chinese to communicate with the Chinese on design issues and foreign companies call on onetwodesign to go to their factories in China to confirm their design intent is being upheld and to fix problems when it is not.  Onetwodesign is essentially the Western (sometimes Taiwanese and Hong Kong) company's industrial designer on the ground for companies without their own industrial designer in China.

It was interesting to listen to Lars describe the work he does in China because it is similar to what we do as lawyers there.  Our job too is usually to meld the goals of a mostly Western client base into the realities of the Chinese environment.  The leading foreign operated service businesses involved with China all seem to combine the ability to use their Western based knowledge and experiences to understand fully the needs and goals of their Western clients, while using their China knowledge to ensure implementation. 

Because of its China base, onetwodesign's rates and costs are far less than those of comparable firms in the West, yet its knowledge of the China market is more intimate.  According to Lars, Western companies looking to China to save on their industrial design tasks often underestimate the difficulties in wringing efficiencies out of the Chinese designers and facilities and so they end up paying more in money or delays (often due to sub-standard quality) than had they given all or most of the job to onetwodesign at the outset. 

Lars is a good guy who knows China and, as we noted previously, that is the type of person we prefer to work with and to recommend. 

Steve Dickinson -- "Amazing China Lawyer"

China Law Blog is pleased to loudly tout one of its own: Steve Dickinson has just been named one of this year's most "Amazing Attorneys," to be featured in the March issue of Washington CEO [PDF] We understand Steve was one of only five attorneys so honored and we will, of course, be providing more information on this when the March issue comes out. We believe the section on Steve will focus on his China legal work. We have long thought of Steve as an amazing attorney and we are delighted at this public confirmation.

International Accountants

Our clients and other attorneys are constantly asking us to recommend capable people to assist them or their clients with various aspects of their China business.  So we plan to mention some of these capable people when we have a chance. Like today.

Steve is in Seattle this week due to the holidays and we met up at the Izumi sushi restaurant with Ted Cohrt and Ivan Sarkisyan, accountants with BDO Seidman's Seattle area office.  More and more of our Chinese company clients either have or are forming U.S. companies and nearly all of them need a U.S. and international tax assistance.   

We like BDO for much of this tax work because it is one of the few national American accounting that caters to small and medium sized businesses, yet has offices throughout the United States and even a few in China. BDO is capable of handling international tax matters with fees typically lower than at the Big Four.  Ted gained his international experience by working with Japanese investers in Hawaii in the 1990�s and Ivan gained his with Russian companies coming to the United States.  We feel fortunate to be able to call on such top flight international accounting assistance right in our own backyard.  Plus, they are good guys, and why work with jerks when you don�t have to? 

We welcome your comments regarding accounting people you know who have a good understanding of international accounting issues AND whose fees are reasonable.  Hey, as long as we're asking, we thought we�d set the bar high.