I recently published a short article on the Perspectives blog of the New York University School of Law U.S. -Asia Law Institute, with the same name as this post, linked here. I am posting a “homemade” PDF version temporarily and will replace it when an official one is available. I am close to finishing a longer version of the same article. The research on which this article is based draws on discussions with many persons who cannot be thanked by name and others who will be whenever the longer version is published.
Many thanks to Katherine Wilhelm, Executive Director of the U.S. -Asia Law Institute, for her skillful editing of both articles.