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Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping Chin. J. Int. Law (IF 1.3) Pub Date : 2024-09-15 Barbara Stępień
New technological development in autonomous and unmanned vessels challenges the international legal framework prevailing at sea. Currently, the regulations applicable to international shipping constitute regulatory barriers preventing their operation on a worldwide scale. Hence, the International Maritime Organization (IMO), responsible for international shipping, has been working to accommodate these
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Jurisdiction of a State Party under Article 2(1) of the ICCPR: A Comment on A.S. and Others v. Italy Chin. J. Int. Law (IF 1.3) Pub Date : 2024-07-08
In A.S. and others v. Italy, the question of the jurisdiction of a State party under Article 2(1) of the ICCPR is formulated as “whether the alleged victims could be considered to have been within the power or effective control of the State party”. Per HRC’s earlier views, one form of “within the power or effective control” of a State party may be identified by the impact on the enjoyment of rights
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The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States? Chin. J. Int. Law (IF 1.3) Pub Date : 2024-06-28 Xinjun Zhang, Xidi Chen
In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for
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Recognition of Governments and the Case of the Taliban Chin. J. Int. Law (IF 1.3) Pub Date : 2024-03-25 Seyfullah Hasar
This article examines the implications of the largely unexplored, yet very insightful, practice of a broad and divergent group of States concerning recognition of the Taliban, in order to contribute to the understanding of various aspects of the question of recognition of governments. Disregarding their long-standing policy of not making express statements on recognition of governments, many States
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Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty Chin. J. Int. Law (IF 1.3) Pub Date : 2024-03-06 Thanapat Chatinakrob
Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty
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Military Alliances under International Law Chin. J. Int. Law (IF 1.3) Pub Date : 2024-03-01 Ka Lok Yip
While military alliances have always been an important subject of research in international relations, relatively little study has been conducted on them in international law. Even though military alliances have been featured in the wider discussions on regional orders under international law, little systematic effort has been made to assess the extent to which various actions that are routine for
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How Urgent is Urgent?—Statistical Analysis of Procedural Urgency in Provisional Measures at the International Court of Justice Chin. J. Int. Law (IF 1.3) Pub Date : 2023-12-24 Miłosz Gapsa
Urgency is a key element of provisional measures. In its substantive meaning, it is a conditio sine qua non for their grant. In the procedural sense, it signifies a swift way of processing the request by the Court. The manner in which the International Court of Justice manages those proceedings remains insufficiently explored. If the Court were to delay them, irreparable prejudice might have already
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States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements Chin. J. Int. Law (IF 1.3) Pub Date : 2023-09-06 Lucas Clover Alcolea
Joint Interpretative Statements have grown in popularity in recent years as a tool States can use to authoritatively interpret, or reinterpret, investment treaties with the seminal case being NAFTA but provisions for making them have been included in numerous investment treaties and India, Colombia, France, Mauritius, and the EU member States themselves have recently entered into joint interpretative
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Multilateral Diplomacy and International Law: 19th Century Great Power Concert and the United Nations in a Comparative Perspective Chin. J. Int. Law (IF 1.3) Pub Date : 2023-08-18 Alexander Orakhelashvili
This paper focuses on the comparative analysis of 19th century great power concert and the United Nations Security Council as forms of great power management of international affairs. The analysis is conducted from a cross-disciplinary perspective of international politics and international law. The paper explores historical preconditions for each of those forms of great power management to be formed
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The Appeals Chamber’s Jurisdictional Judgment in Abd-Al-Rahman and the Issue of Applicable Law at the International Criminal Court Chin. J. Int. Law (IF 1.3) Pub Date : 2023-07-13 Miguel Lemos
On 1 November 2021, the Appeals Chamber of the ICC upheld the notion that, depending on the type of case over which the court exercises jurisdiction, it must use two different bodies of substantive law to evaluate whether certain conduct is criminal and, hence, whether the court has the power to prosecute and convict individuals for such conduct. This contribution argues that this bifurcation in the
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Evolutive (Dynamic) Interpretation and Informal Modification of Constituent Instruments of International Organizations Chin. J. Int. Law (IF 1.3) Pub Date : 2023-06-29 Rodoljub Etinski
Induced by the work of the Institute of International Law on the limits to evolutive (dynamic) interpretation of constituent instruments of international organizations, the author discusses the issues of evolutive and dynamic interpretation, limits to the interpretation, legitimacy of informal modification of constituent instruments and borderline between interpretation and informal modification. He
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The Joint Investigation Team in Ukraine: An Opportunity for the International Criminal Court? Chin. J. Int. Law (IF 1.3) Pub Date : 2023-04-02 Yudan Tan, Suhong Yang
During the 2022 Russia-Ukraine war, a joint investigation team (JIT) with members of seven States and a participant from the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) was set up on alleged core international crimes committed in Ukraine. It is an unprecedented development that the OTP joins a JIT with national authorities under the auspices of the European Union Agency
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The Higher Law and the Principle of Non-Recognition Chin. J. Int. Law (IF 1.3) Pub Date : 2023-02-24 Agnese Vitale
The principle of non-recognition represented, and still represents, one of the most relevant legality-checking instruments that the legal order has set. The principle is always triggered by the existence of a conflict involving a higher norm, a conflict which can be normative or material. Its general function is preventing the consolidation of legal consequences deriving from acts or situations that
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Delimitation of the Extended Continental Shelf in Somalia v. Kenya in the ICJ: A Critique Chin. J. Int. Law (IF 1.3) Pub Date : 2023-02-03 Jianjun Gao
Somalia v. Kenya is the first case where the ICJ delimited the boundary line of the continental shelf beyond 200 nautical miles (the so-called “extended continental shelf”) between the Parties. Compared with the previous cases decided by other international tribunals on the same issue, the present case shows some differences. Particularly, the ICJ did not mention the three-stage methodology or other
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Sailing with TWAIL: A Historical Inquiry into Third World Perspectives on the Law of the Sea Chin. J. Int. Law (IF 1.3) Pub Date : 2022-11-18 Endalew Lijalem Enyew
The contemporary law of the sea is not only a making of its own time but also a result of evolutions from the past. Indeed, the LOSC reflects a particular historical trajectory from Grotius’s Mare Liberum to UNCLOS III and the historical circumstances under which it developed. Using TWAIL as a theoretical and methodological lens, this article critically analyzes the historical development of the law
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Territory in the Work of the Institut de Droit International Chin. J. Int. Law (IF 1.3) Pub Date : 2022-09-08 Sienho Yee
This essay reviews the work of the Institut de Droit International, for the occasion of the 150th anniversary of its founding in 1873, that addresses the acquisition or status of territory during the epochs of imperialism, sacred trust of civilization, and territorial administration by or under the United Nations. Section A of this essay introduces the work in a summary fashion. Section B briefly describes
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Revisiting Proportionality in Investment Arbitration: Theory, Methodology, and Interpretation Chin. J. Int. Law (IF 1.3) Pub Date : 2022-09-06 Xu Qian
The increasing tensions between a government’s right to regulate and investment protection are fueling the constantly increasing number of international environmental disputes and human rights disputes, in particular with respect to renewable energies, water services, and waste management. As a result, investor-State arbitration is facing greater criticism than ever before because of its potential
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Jens David Ohlin, Election Interference: International Law and the Future of Democracy Chin. J. Int. Law (IF 1.3) Pub Date : 2022-04-11 Yilin Wang
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The Judgment of the Appeals Chamber of the International Criminal Court of 5 March 2020 in the Case of Afghanistan Chin. J. Int. Law (IF 1.3) Pub Date : 2022-03-28 Sayeman Bula-Bula
This study seeks to show that the Appeals Chamber of the ICC responsible for the ruling on the case of the armed conflict in Afghanistan has made an inchoate historic judgment. The analysis focuses on two main points: First, the reasoning made by the Prosecutor that the Pre-Trial Chamber abused its discretion in assessing the “interests of justice”; and second, the assessment of the scope of the procedural
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The Principle of Non-Recognition of States Arising from Serious Breaches of Peremptory Norms of International Law Chin. J. Int. Law (IF 1.3) Pub Date : 2022-03-01 Juan Francisco Escudero Espinosa
Abstract The concept of recognition of States comprises both political and legal aspects. Over time, its nature has been addresssd in different ways that have given rise to a debate encompassing the topic of what statehood is, according to international law. The notions of international personality, which is bestowed upon certain international actors, and of capacity to act, as a manifestation of the
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“Cheap Talk” in International Trade Law Chin. J. Int. Law (IF 1.3) Pub Date : 2022-03-01 Tae Jung Park
Abstract There is a dilemma in the field of international trade law: Many negotiating countries fail to complete treaties during the renegotiation period.1 Due to tight schedules in the primary negotiation, the parties normally insert a renegotiation clause to postpone completion of a treaty. However, the parties frequently postpone the completion of the treaty even in the renegotiation phase. The
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Difference Between the ICJ and the CERD Committee: A Comment on the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates) Case Chin. J. Int. Law (IF 1.3) Pub Date : 2022-03-01 Kaijun Pan
Abstract In the Qatar v. UAE case, the Court reached, without giving much explanation, an interpretation different from that of the CERD Committee over the phrase “national origin” in the International Convention on the Elimination of All Forms of Racial Discrimination. This, in fact, marks a deviation from the Court’s previous case law. Through a close reading of the Court’s judgment and the Committee’s
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The Rise of Twiplomacy and the Making of Customary International Law on Social Media Chin. J. Int. Law (IF 1.3) Pub Date : 2022-02-26 James A Green
Social media usage by States has increased exponentially in recent years. This phenomenon, known as “twiplomacy”, has become ubiquitous. Given that almost every State in the world now issues statements via social media, this article examines the potential for Twitter posts to form part of the “raw material” for the formation of customary international law. In other words, it considers whether customary
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The Luo, et al. v. Chen Case on Surrogacy Chin. J. Int. Law (IF 1.3) Pub Date : 2021-12-28 Liang W.
1. Surrogacy arrangements may occur whether or not the surrogate provides her own genetic material. Surrogacy has given rise to uncertainties in the law on parentage in a domestic context, i.e., identifying the parents of the children born under surrogacy. States are divided on whether surrogacy is legally valid and who should be the legal parents, on the grounds of public policy, fundamental human
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The Updated Commentary on the Third Geneva Convention of 1949 Chin. J. Int. Law (IF 1.3) Pub Date : 2022-01-18 Haiping W.
1. The great project which has been sponsored and conducted by the International Committee of the Red Cross (the ICRC) concerning the updating of the Commentary on the Four Geneva Conventions of 1949 has reached a big step after the publication of the updated Commentary on the Third Geneva Convention in 2020.11 There are some theoretical issues concerning the interpretation and application of the provisions
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Gregory Shaffer, Emerging Powers and the World Trading System: The Past and Future of International Economic Law Chin. J. Int. Law (IF 1.3) Pub Date : 2022-01-14 Wu C.
ShafferGregory, Emerging Powers and the World Trading System: The Past and Future of International Economic Law, Cambridge University Press, 2021; xxii+321 pp.; ISBN 978-1108495196 (paperback)
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Youri van Longchem, The Rights and Obligations of States in Disputed Maritime Areas Chin. J. Int. Law (IF 1.3) Pub Date : 2022-01-26 Kittichaisaree K.
van LongchemYouri, The Rights and Obligations of States in Disputed Maritime Areas, Cambridge University Press, 2021, 20 + 331 pp., ISBN 9781108830102 (Hardback)
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Christian Tomuschat and Marcelo G. Kohen (eds.), Flexibility in International Dispute Settlement: Conciliation Revisited Chin. J. Int. Law (IF 1.3) Pub Date : 2021-12-04 Yee S.
TomuschatChristianKohenMarcelo G. (eds.), Flexibility in International Dispute Settlement: Conciliation Revisited. NijhoffBrill, 2020; Index of Names; General Index; vx+291 pp.; ISBN 978-90-04-43311-3 (hardback); ISBN 978-90-04-43313-7 (e-book)
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Unilateral Sanctions: Kind and Degree; Long-arm and Strong-arm Jurisdiction; Real Intent and “Could-be” Intent Chin. J. Int. Law (IF 1.3) Pub Date : 2022-01-07 Sienho Yee
This paper sketches out a normal analysis of unilateral sanctions. This consists of three steps: first, whether the sanctions measures are authorised or prohibited or not as unilateral sanctions, or as a course of conduct under a different name; second, whether they may be legitimately couched as another kind of lawful action, almost or apparently as a kind of “defence”; and third, whether unilateral
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The Legacy of F.F. Martens and the Shadow of Colonialism Chin. J. Int. Law (IF 1.3) Pub Date : 2021-12-14 Lauri Mälksoo
This article explores the colonialist legacy of the Russian international lawyer F.F. Martens (1845-1909) who is well known to contemporary international lawyers in particular thanks to the Martens Clause. The article highlights Martens’s activities legitimizing the Congo Free State, his publicist activity at the Revue de droit international et de legislation comparée and his quasi-legislative efforts
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The Nation-State: Not Yet Ready For the Dustbin of History? Chin. J. Int. Law (IF 1.3) Pub Date : 2021-11-16 Rein Müllerson
At the turn of the millennia, the ideas of withering away of the Nation-State became, once again, widespread. The latest wave of globalisation was supposed to lead to a borderless world, where goods, money, capital and workforce would move without hindrance. Multinational companies, non-governmental organisations (NGOs), big cities, regions (e.g., California or Bavaria), supranational entities, like
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Constitutional Theories of International Organisations: Beyond the West Chin. J. Int. Law (IF 1.3) Pub Date : 2021-11-05 Anne Peters
The Joint Statement by the Foreign Ministers of China and Russia on Certain Aspects of Global Governance in Modern Conditions of 23 March 2021 calls for “the establishment of a fairer, more democratic and rational multipolar world order.” The paper inquires how constitutional theories of international organisations have in the past and present sought to contribute to world order. It identifies three
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Acquiescence and Its Role in the Settlement of Island Disputes: “Silence May also Speak”, But to What Extent? Chin. J. Int. Law (IF 1.3) Pub Date : 2021-10-25 SONG Yan
Acquiescence usually takes the form of silence or absence of protest in circumstances that reasonably call for objections. This notion has been frequently invoked by States in territorial cases, especially recent island disputes. Based on the latest international jurisprudence, this article will study whether, and to what extent, the special case of island disputes would affect international courts’
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Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes Chin. J. Int. Law (IF 1.3) Pub Date : 2021-10-20 Xiao-Meng W.
PowellEmilia Justyna, Islamic Law and International Law Peaceful Resolution of Disputes, Oxford University Press, 2020, xiv+314 pp., list of figures; list of tables; reference; index; ISBN 978-0-19-006463-1
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Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal? Chin. J. Int. Law (IF 1.3) Pub Date : 2021-10-16 Tom Ruys
Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly
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Philipp Hacker, Ioannis Lianos, Georgios Dimitropoulos, and Stefan Eich (eds.), Regulating Blockchain: Techno-Social and Legal Challenges Chin. J. Int. Law (IF 1.3) Pub Date : 2021-10-08 Menteshashvili T.
HackerPhilippLianosIoannisDimitropoulosGeorgiosEichStefan (eds.), Regulating Blockchain: Techno-Social and Legal Challenges, Oxford University Press, 2019, 410 pp., ISBN 978–0–19–884218–7 (eBook)
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Simon Klopschinski, Christopher Gibson and Henning Grosse Ruse-Khan, The Protection of Intellectual Property Rights Under International Investment Law Chin. J. Int. Law (IF 1.3) Pub Date : 2021-10-03 Zhao J, Liu Y.
Simon Klopschinski, Christopher Gibson and Henning Grosse Ruse-Khan, The Protection of Intellectual Property Rights Under International Investment Law, Oxford: Oxford University Press, 2021, 592 pp.; Table of Cases; Table of Legislation; Select Bibliography; Index; ISBN 9780198712268
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Political Life of Treaties: Indeterminacy, Interpretation and Political Consequences Chin. J. Int. Law (IF 1.3) Pub Date : 2021-09-21 Alexander Orakhelashvili
The argument that the operation of the international legal system depends on political factors is to many a truism requiring little clarification or verification. But what does the operation of the system of positive international law do to international political processes? Even if it is politics and not law which primarily guides activities and decisions of States, how far could sheer politics get
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Some Remarks on International Health Legislation and the WHO Chin. J. Int. Law (IF 1.3) Pub Date : 2021-09-19 Vanda Lamm
The establishment of the WHO was a milestone in the development of international health law, not only because it has been a worldwide international organization having global competence in public health matters, but by reason of being vested with wide legislative purview and having competence to adopt conventions, agreements and regulations with binding effects. After a short survey of the development
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The Expropriation Exception in the US Foreign Sovereign Immunities Act: Federal Republic of Germany et al. v. Philipp et al. Chin. J. Int. Law (IF 1.3) Pub Date : 2021-08-09 ZHAN Yangjun
1. The expropriation exception in the US Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §1605(a)(3) references the international law of expropriation rather than other types of international law, the Supreme Court of the United States ruled in Federal Republic of Germany et al. v. Philipp et al. (No. 19-351 Slip Op. (3 February 2021)) (hereinafter “Philipp”).
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What We Talk about When We Talk about General Principles of Law Chin. J. Int. Law (IF 1.3) Pub Date : 2021-08-06 Xuan Shao
In the current debate on general principles of law, major controversies revolve around the “two-category” approach to this source and its relationship with the other sources. Seeking to disentangle these controversies in light of the rationale behind this source, this paper argues that the formation and identification of general principles are driven by the need for international law to be a coherent
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Emmanuel Roucounas, A Landscape of Contemporary Theories of International Law Chin. J. Int. Law (IF 1.3) Pub Date : 2021-07-24 Sreenivasa Rao Pemmaraju
RoucounasEmmanuel, A Landscape of Contemporary Theories of International Law, Brill/Nijhoff, 2019; xviii, 713 pp.; Index of Authors, Index of Subjects. ISBN 978-90-04-38535-1 (hardback)
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Benedetta Cappiello and Gherardo Carullo (eds.), Blockchain, Law and Governance Chin. J. Int. Law (IF 1.3) Pub Date : 2021-06-14 Tamar Menteshashvili
CarulloBenedetta CappielloGherardo (eds.), Blockchain, Law and Governance, Springer, 2021, xiii + 304 pp., ISBN 978-3-030-52722-8 (eBook)
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Forcible Discharge of Ukrainian President Yanukovich from Power: Complicity of the Obama Administration Chin. J. Int. Law (IF 1.3) Pub Date : 2021-06-14 Alexander N Vylegzhanin, Ekaterina A Torkunova, Sergey A Lobanov, Kirill V Kritskiy
1. Following demonstrations in Kiev, a crowd of people in February 2014 took over buildings of administration and the residence of constitutionally elected Ukrainian President Yanukovich. There were people killed and wounded, among demonstrators and security officers of the Ukrainian President who protected his residence from illegal seizure. One of the putsch leaders Turchinov started to act as a
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To Cope with a Pandemic: Effects on Certain International Agreements Chin. J. Int. Law (IF 1.3) Pub Date : 2021-07-27 Bartłomiej Sierzputowski
1. The world is under threat, and COVID-19 is the reason. This infectious disease knows no borders. In recent years, the world has witnessed a substantial rise in epidemics, in terms of both the geographic area affected and the number of victims. Ebola virus and Zika virus have contributed to the development. Epidemics have crucial implications for matters of war and peace, arms control and human rights
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The COVID-19 Pandemic, Regional Cooperation Economic Partnership (RCEP) and the Rise of Investment Facilitation Chin. J. Int. Law (IF 1.3) Pub Date : 2021-07-27 Sufian Jusoh, Intan Murnira Ramli
1. Fidler, in a recent Letter to the Journal, states that in the context of turbulent context of power and ideas, international law proved vulnerable and inadequate to support robust pandemic cooperation.1 Looking at the statement from the perspective of international investment law and policy framework, we tend to agree with Fidler’s assertion.
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The Emergence of Objective Guidelines for Granting Immunity to International Non-Governmental Organizations Chin. J. Int. Law (IF 1.3) Pub Date : 2021-05-19 David Pavot, Lolita Laperle-Forget
Out of thousands of international non-governmental organizations (INGOs), only five benefit from immunities from jurisdiction and execution: the International Committee of the Red Cross (ICRC), the International Union for Conservation of Nature (IUCN), the Global Fund to Fight AIDS, Tuberculosis, and Malaria; Gavi, the Vaccine Alliance (Gavi), and the World Anti-Doping Agency (WADA). Based on empirical
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Harold Hongju Koh, The Trump Administration and International Law Chin. J. Int. Law (IF 1.3) Pub Date : 2021-03-13 Xiaoxu W, Yen-Chiang C.
KohHarold Hongju, The Trump Administration and International Law, Oxford University Press, 2019; viii+221 pp.; index; ISBN 978-0-190-91218-5
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Øystein Jensen (ed.), The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals Chin. J. Int. Law (IF 1.3) Pub Date : 2021-03-12 Liu Chenhong
JensenØystein (ed.), The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals. Edward Elgar, 2020; xi, 280 pp.; preface; index; ISBN 978-1-83910-425-1 (Hardback); ISBN 978-1-83910-426-8 (eBook)
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The “Indirect Support” Loophole in the New SOE Norms: An Intentional Choice or Inadvertent Mistake? Chin. J. Int. Law (IF 1.3) Pub Date : 2021-03-02 Jaemin Lee
Recent trade agreements contain new norms on SOEs which set forth detailed provisions to regulate a wide range of activities of contracting parties’ governments and their SOEs. Given the increasing global attention to the operation of SOEs in international trade and investment, and their significant influence, the new norms provide important legal guidance and a useful platform for future discussions
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The Question of Jurisdiction in the 2019 Arbitration between Ukraine and Russia Chin. J. Int. Law (IF 1.3) Pub Date : 2021-01-23 Jia B.
AbstractThis case, involving the Kerch Strait and the Sea of Azov, was initiated by Ukraine against Russia under Annex VII, UNCLOS, on 1 April 2019. Having cleared the stage of provisional measures before the ITLOS, it is pending before an arbitral tribunal established under Annex VII. After the ITLOS proceedings, there is room either to broaden the scope of jurisdiction for the tribunal or to narrow
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Gabrielle Kaufmann-Kohler and Michele Potestà, Investor-State Dispute Settlement and National Courts: Current Framework and Reform Options Chin. J. Int. Law (IF 1.3) Pub Date : 2021-01-16 Shao X.
Kaufmann-KohlerGabrielle and PotestàMichele, Investor-State Dispute Settlement and National Courts: Current Framework and Reform Options, Springer, 2020, vi + 117. pp., ISBN 978-3-030-44164-7
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From “Is” to “Ought”: The Development of Normative Powers of UN Investigative Mechanisms Chin. J. Int. Law (IF 1.3) Pub Date : 2021-01-09 Le Moli G.
AbstractThis article analyses the normative powers conferred on and exercised by 69 Investigative Mechanisms, including UN Commissions of Inquiry, Fact-Finding Missions and Independent Investigative Mechanisms established between 1963 and 2020. Relying on a dataset collected by the author including all their mandates (78) and reports (121), the article introduces an analytical framework and uses it
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The Exhaustion of Local Remedies Rule in the Settlement of Maritime Disputes: A Study of the Practice of the UNCLOS Tribunals Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-21 Gao J.
AbstractThe exhaustion of local remedies (“ELR”) rule is applicable in the settlement of maritime disputes, and it is not limited to the case of diplomatic protection. So far the manner in which the tribunals under the UN Convention on the Law of the Sea dealt with the ELR issue in the cases of the flag State’s protection has raised the concern that the rule may become a dead letter in practice. Although
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De Novo Delimitation Lines: A Constitutive Concept of Delimitation Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-16 Bjørn Kunoy
The delimitation process has conceptually been considered to reflect preexisting maritime boundaries. This arises as the delimitation has not been seen to result in de novo lines as the delimitation process has been conceived as a declaratory exercise that necessarily arises from the ab initio nature of coastal States’ rights to the continental shelf. The International Court of Justice and Annex VII
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Michael A. Livingston, Tax and Culture: Convergence, Divergence, and the Future of Tax Law Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-14 Firoz Ehsan
LivingstonMichael A., Tax and Culture: Convergence, Divergence, and the Future of Tax Law, Cambridge University Press, 2020, 142 pp., ISBN 978-1-107-13684-7 (Hardback)
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Marija Dordeska, General Principles of Law Recognized by Civilized Nations (1922–2018): The Evolution of the Third Source of International Law through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-14 Sean Morris P.
DordeskaMarija, General Principles of Law Recognized by Civilized Nations (1922–2018): The Evolution of the Third Source of International Law through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice, Brill Nijhoff, 2020, hb, ISBN 978900437506-2
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Knowledge and Strategy in International Litigation: A Review Essay on Hugh Thirlway’s The International Court of Justice, with Some Reference to Non-appearance Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-11 Yee S.
AbstractThis short review essay comments on Hugh Thirlway’s outstanding short book The International Court of Justice and expresses appreciation for his expert knowledge about the International Court of Justice (the Court or ICJ) and its law and procedure. The Essay further observes that, in addition to knowledge about the Court and its law and procedure, other factors may have a great role to play
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Populism’s Attack on Multilateralism and International Law: Much Ado About Nothing* Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-11 Tladi D.
AbstractWhile international lawyers have not traditionally paid much attention to the phenomenon of populism, a recent upswing in the populist movements in governments around the world has led to an increase in the fascination of international lawyers with populism. On the whole, there seems to be a view that populism has negatively affected the communitarianism and multilateralism of international
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Special CommentIn Celebration of the 75th Anniversary of the United Nations: A Proposal for the Formulation and Adoption of a “Declaration on the Principles of International Law concerning the Community of Shared Future for Mankind” Chin. J. Int. Law (IF 1.3) Pub Date : 2020-12-03 Sienho Yee
1. It is a privilege to be able to offer my proposal for the formulation and adoption of a “Declaration on the Principles of International Law concerning the Community of Shared Future for Mankind” during this celebration of the 75th anniversary of the founding of the United Nations (UN).