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Martin Kwan

University of North Carolina (UNC) at Chapel Hill

Center for Information, Technology, & Public Life

Monash Business School

Centre for Development Economics & Sustainability

  • University of North Carolina (UNC) at Chapel Hill

SCHOLARLY PAPERS

19

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  • University of North Carolina (UNC) at Chapel Hill

Scholarly Papers (19)

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1.

Automation and the International Human Right to Work

Emory International Law Review Recent Developments, Vol. 35, 2021
Number of pages: 22 Posted: 15 May 2021
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 340 (222,746)

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Artificial Intelligence, AI, Science, Technology, Machine Learning, Automatic, Robotics, Robots, Law, Job, Occupation, Development, Physics, Computer, Programming, Factory, Gigafactory, Electronic, Chip, Data, Big Data, Blockchain

2.

Regulatory Uncertainty and Business Impact of the Executive Orders Against Investment in Chinese Companies

University of Chicago Business Law Review Online 2022
Number of pages: 5 Posted: 18 Oct 2022
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 273 (279,442)

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Communist Chinese Military Companies, military-industrial complex, China, sanction, trade war, de minimis, Xiaomi, OFAC, securities, shares, stocks, bonds, investment, Hong Kong, 5G, technology, surveillance

3.

The Crime of Possessing or Viewing Child Pornography: Cannot Always Agree on Who is Harmed?

Criminal Law Studies (National Law University, Jodhpur) 2022
Number of pages: 8 Posted: 26 Jul 2022
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 267 (287,269)

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abuse, victim, sex crime, exploitation, cybercrime, online, protocol, image, video, indecent, lolicon, UNCRC, anime, hentai, manga, virtual, nude, India, freedom of expression, Japan, obscene, pseudo, Internet, censorship, Dost test, dark web, deep web, paedophile, addiction, ban, photo, Pedophilia

4.

China’s Rule of Law Development: The Increasing Emphasis on Internationalization of Legal Standards and the Horizontal Rule of Law

New York University Journal of International Law and Politics Online (JILP), Vol. 53, 2021
Number of pages: 12 Posted: 18 May 2021
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 256 (300,076)

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China, globalization, trade war, America, United States, unilateralism, multilateralism, rule-based, Socialism with Chinese Characteristics for a New Era order, Xi Jinping Thought, intellectual property, arbitration, Chinese Communist Party, Chinese economic reform, opening up

5.

Unconscionable Arbitration Agreement: To Strike Down Entirely or to 'Blue-Pencil' Sever?

American Review of International Arbitration 2020
Number of pages: 6 Posted: 24 Jun 2022
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 252 (306,221)

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pro-arbitration, rectification, strike out, equitable remedy, commercial, arbitrator, validity, severance, null, unconscionability, common law, unfair, enforcement, strike down, arbitral, award, reformation, severability, dismissal, forum, ADR, place of arbitration, jurisdiction, seat, clause

6.

Regulating the Sale and Use of Hidden Cameras

The Regulatory Review 2021
Number of pages: 3 Posted: 25 Jan 2022
Martin Kwan and Ken Fu
University of North Carolina (UNC) at Chapel Hill and OBOR Legal Research Centre
Downloads 239 (321,897)

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CCTV, Internet, freedom, surveillance, monitoring, hostel, human rights, unlawful, illegal, pornography, nudity, blackmail, cybercrime, offence, AI, interception, intelligence, espionage, wireless, tracking, data, changing room, toilet, China, regulation, detection, video, security, Korea, device

7.

The Problem with the Global Notion of “Environmental Sustainability”

University of Bologna Law Review, Vol. 8 No. 2 (2023)
Number of pages: 26 Posted: 07 Mar 2024
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 211 (364,680)

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UN Sustainable Development Goals (SDG), SDGs, Renewable Energy Transition, Carbon Emissions, Climate Change, Green Economy, circular economy, ESG, corporate social responsibility, environmental law, carbon neutrality, net zero, greenhouse gas, fossil fuel, hydrogen, plastic, electric cars, solar

8.

Remote vs. In-Person Testimony in Hong Kong Courts

Northwestern University Law Review Of Note 2021
Number of pages: 10 Posted: 26 Apr 2022
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 211 (362,957)

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litigation, court, judiciary, public health, judges, remote testimony, witnesses, evidence, procedure, proceeding

9.

Can Judges Conduct Independent Legal Research? The U.S. Vs. Other Common Law Approaches

Houston Law Review, 2022
Number of pages: 18 Posted: 25 Jan 2024 Last Revised: 28 Sep 2025
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 202 (380,469)

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judicial review, overturn, procedural fairness, civil procedure, appeal, case law, independence, impartiality, appearance of bias, fair trial, rule of law, quash, unfair, justice, prejudice, Supreme Court, Court of Appeal, English law, comparative, natural justice, judgement, tribunal

10.

Students' Right to Free Inquiry vs. A.I. Usage Policy at Schools and Universities

Notre Dame Journal on Emerging Technologies, 2023
Number of pages: 8 Posted: 25 Jan 2024
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 180 (422,345)

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Academic integrity, automation, researchers, ChatGPT, Fourth Industrial Revolution (4IR), curriculum, chatbot, large language model (LLMs), prompt, machine learning, copyright, intellectual property, research, freedom to learn, human right, disruptive technology, teachers, professors, SDG 4

11.

ESG's Green Loans and the governing Green Loan Principles

George Washington International Law Review, Vol.57(2), 2025
Number of pages: 36 Posted: 07 Oct 2025 Last Revised: 27 Feb 2026
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 167 (449,518)

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Green Finance, Sustainability, Impact Investment, Corporate social responsibility, SDGs, corporate governance, banking, renewable energy, solar, climate change, greenwashing, greenhouse gas, carbon footprint, emissions, environmental, banks, circular economy, ratings, green bonds, labels, benchmarks, value, net zero, tracking and reporting, shareholders, double materiality

12.

Gap in Environmental Accountability for Imposing Trade Barriers to Low-carbon Energy Technologies

Wisconsin International Law Journal Jus Gentium (Vol.5, Feb 2025)
Number of pages: 11 Posted: 23 Apr 2025
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 122 (588,531)

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artificial intelligence (AI), WTO World Trade Organization, sustainable development transition, trade law, international economic law, EU, US, China, rare metals, climate change adaptation, environmental, multilateralism, renewable energy, solar panel, hydrogren, GATT, green energy, ESG, Rio Declaration, Stockholm Declaration, customary international law, fossil fuel, net zero, Paris Agreement, semiconductors, export import, lithography chip-making equipment

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cryptocurrency, transaction, cashless, blockchain, securities, decentralized, digital, money laundering, theft, fraud, compliance, ledger, financial law, finance, banks, virtual, investment, protocol, regulations, SEC, CFTC, swindle, distributed ledger technology, DLT, tokens, investors, risk management, due diligence, coin, FSB, FATF

14.

When is an Electoral Expenditure Cap Justified? A Critique of Unions NSW v New South Wales

UNSW Law Journal Forum, 2019
Number of pages: 14 Posted: 27 Jun 2019
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 100 (689,572)

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election, politics, public law, constitutional law, electoral law, Australia, New South Wales, validity, political party, infringement, legitimate, justification, democracy, freedom of speech, campaign, Parliament, judicial review, standard of review, proportionality test, minimal impairment

15.

Gaps in Accountability for Submarine Cable Protection: Inadequacies in the Current Legal Framework

Ocean and Coastal Law Journal (University of Maine), 2025, Vol.30(1)
Number of pages: 31 Posted: 05 May 2025 Last Revised: 02 Oct 2025
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 50 (1,097,529)

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undesea cables, submarine cables, subsea cables, sabotage, telecommunications, communications, international law, maritime law, ocean law, seabed

16.

Regional Discrimination as a Quasi-form of Racial Discrimination: Comparing the Protection Under Anglo-American, International and Chinese Laws

American University International Law Review, 2024, Vol. 39(3)
Number of pages: 33 Posted: 05 May 2025 Last Revised: 02 Oct 2025
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 30 (1,332,057)

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racism, comparative law, equality law, human rights, Anti-discrimination

17.

Establishing Theftuous 'Appropriation' of Mistakenly Transferred Sum in Three Typical Scenarios

(2021) 6 Wolverhampton Law Journal 41
Number of pages: 11 Posted: 24 Jul 2025
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 25 (1,399,036)

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Theft Act 1968, restitution, private law, bank balance

18.

Does s.69 Arbitration Act 1996 include mixed questions of law and fact? The strong case for codification

Number of pages: 15 Posted: 05 May 2026
Martin Kwan
University of North Carolina (UNC) at Chapel Hill
Downloads 10 (1,555,090)

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Alternative dispute resolution, ADR, enforcement of arbitral awards, arbitrators, foreign awards, international arbitration, The English Arbitration Act 2025

19.

The Manner of Implementing Refugee Relocation to Rwanda: Should Data Protection Breaches Matter or Not? R(AAA) v SSHD

Refugee Law Initiative (School of Advanced Studies, University of London), 2023, https://rli.blogs.sas.ac.uk/2023/07/21/the-manner-of-implementing-refugee-relocation-to-rwanda-should-data-protection-breaches-matter-or-not-raaa-v-sshd/
Posted: 10 Aug 2023
Martin Kwan
University of North Carolina (UNC) at Chapel Hill

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Data Protection Law, Refugee Status, Rwanda, Migration, Migrant Crisis, Europe, Supreme Court, East Africa, Vulnerable, Syria, Vietnam, Home Office, Deportation, Law, Administrative Law, Public Law, Human Rights, High Court