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C.H. Alexandrowicz's India and the Kautilyan Moment Asian Journal of International Law (IF 0.7) Pub Date : 2024-05-27 Carl LANDAUER
This article addresses the international legal historian C.H. Alexandrowicz's engagement with Kautilya's Arthashastra as part of his revision of the place of India and Southeast Asia in the development of international law. The article locates Alexandrowicz's writing on the Arthashastra against the backdrop of the debates about the Arthashastra that ensued upon its discovery in 1905, including controversies
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In Fairness to Nottebohm: Nationality in an Age of Globalization Asian Journal of International Law (IF 0.7) Pub Date : 2024-04-25 Javier García OLMEDO
The Nottebohm judgment from the International Court of Justice (ICJ) has recently come under attack in the context of the European Commission's position on “golden passports” programmes. The judgment has long received intense criticism from a consensus of scholars. This article challenges the conventional wisdom of Nottebohm. The ICJ did not, as critics argue, depart from international law on nationality
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Reconceptualizing Norm Conflict in International Law Asian Journal of International Law (IF 0.7) Pub Date : 2024-04-11 Ka Lok YIP
This article reconceptualizes norm conflict in international law by uncovering the experiential dimension of its definition and the intentional dimension of its resolution that has been missing from traditional accounts. The article locates the basis of recognizing norm conflict in the experienced sense of incompatibility between norms in view of their contexts rather than in the predesignated constellation
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Pragmatic Monism: The Practice of the Indonesian Constitutional Court in Engaging with International Law Asian Journal of International Law (IF 0.7) Pub Date : 2024-01-25 I Dewa Gede PALGUNA, Agung WARDANA
The relationship between international and domestic law in Indonesia is the subject of prolonged debate caused by the silence of the Indonesian Constitution on the choice between monism and dualism, which affects constitutional adjudication. This article discusses how the Constitutional Court engages with international law in its decisions and how the debate between monism and dualism is affected by
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Copyright Protection for AI-Generated Works: Exploring Originality and Ownership in a Digital Landscape Asian Journal of International Law (IF 0.7) Pub Date : 2024-01-23 Hafiz GAFFAR, Saleh ALBARASHDI
This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV, illuminates evolving originality and human involvement in AI creativity
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People, Paper and Power: The Birth of the Passport in International Law Asian Journal of International Law (IF 0.7) Pub Date : 2023-12-18 Anam SOOMRO
This paper presents a genealogy of the passport in international law. For the most part, the origins of our contemporary mobility order are narrated from the vantage point of the grand principles of sovereignty, hospitality, and liberty. The nuts and bolts through which people access mobility – passports and visas – are generally understood to be the natural, inevitable, and fair by-products of these
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Characterization (and Registration) of a “BRI Dispute” Asian Journal of International Law (IF 0.7) Pub Date : 2023-10-27 Jamieson KIRKWOOD
This article explores the terms “BRI dispute” and “BRI jurisprudence”. It undertakes a practical and theoretical analysis that considers whether “BRI disputes” have distinct and visible characteristics and are capable of being identified in a legal sense. This is important since practitioners – arbitration centres and law firms – use the term broadly and without specific criteria. By exploring the
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The Limits of Deduction in the Identification of Customary International Law Asian Journal of International Law (IF 0.7) Pub Date : 2023-10-23 Massimo Fabio LANDO
Much scholarship on customary international law has examined the merits of induction, deduction, and assertion as approaches to custom identification. Save for where international tribunals identify custom by assertion, writers have viewed custom identification that does not rely on evidence of State practice and opinio juris as an example of deductive reasoning. However, writers have stated that,
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The Worst or the Best Treaty? Analysing the Equitable and Reasonable Utilization Principle in the Legal Arrangements of the Helmand River Asian Journal of International Law (IF 0.7) Pub Date : 2023-09-14 Mohsen NAGHEEBY
After protracted conflicts, Afghanistan and Iran agreed on a treaty in 1973 to share the waters of the Helmand River. However, this legal arrangement became a source of controversy over its equitable and reasonable utilization principle. The 1973 Helmand River Water Treaty reflects a history of legal and political controversy and strongly contrasting views, with some labelling it the “worst” treaty
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Roads and Rules: What Does Infrastructure Reveal about International Law? Asian Journal of International Law (IF 0.7) Pub Date : 2023-09-08 Emma PALMER
Infrastructure has been the focus of geopolitically significant regional strategies, including the Belt and Road Initiative and the Asian Highway. Mega-infrastructure projects are thought to offer crucial stimulus to support economic recovery and “infrastructure diplomacy” efforts. Transportation projects, like roads, are material objects that offer complex questions for international law, most obviously
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Trade in the Digital Age: Agreements to Mitigate Fragmentation Asian Journal of International Law (IF 0.7) Pub Date : 2023-08-14 Felicity DEANE, Emily WOOLMER, Shoufeng CAO, Kieran TRANTER
Cross-border data flow is essential to contemporary international trade. However, transitioning from paper to digital in international trade has benefits and concerns. Concerns have led to an upsurge in data regulation as nations and regions impose restrictions on data flows and storage. This paper argues that, with increasing concerns about data sovereignty, the reconciliation of differing positions
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International Judicial Intervention in the Case of Libya: From Justice Enforcer to Peace Maker Right Constituency and Institutional Independence: Virtues of a Fight against Realpolitik Asian Journal of International Law (IF 0.7) Pub Date : 2023-05-11 Heidarali TEIMOURI
This article investigates the case of Libya; the way the International Criminal Court responded to it; what went wrong; and what the Court could learn from the case for its future. It attempts to show that the regime change strategy followed in Libya jeopardized the international criminal justice mandate of the Court, created a failed state conundrum, and rendered the Court's intervention counterproductive
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Pan-Asianism, Anti-Imperialism, and International Law in the Early Twentieth Century Asian Journal of International Law (IF 0.7) Pub Date : 2023-04-21 Mohammad SHAHABUDDIN
Pan-Asianism as a concept is conventionally associated with Japan's imperialism during the Second World War. This paper, in contrast, argues that far from being merely a language of hegemony, Pan-Asianism had a far more complex role to play in the early twentieth century. As an anti-imperial ideology, Pan-Asianism advanced a normative argument for the emancipation of Asia from Western imperialism and
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Flamer-Caldera v Sri Lanka: Asia-Wide Implications of an Essential Evolution in CEDAW's Jurisprudence Asian Journal of International Law (IF 0.7) Pub Date : 2022-12-01 Ramona VIJEYARASA
In 2022, the CEDAW Committee issued an Individual Communication concerning Rosanna Flamer-Caldera, a lesbian woman, human rights defender, and Executive Director of the only organization in Sri Lanka advocating for the rights of the entire lesbian, gay, bisexual, transgender, and intersex community. To date, the CEDAW Committee has received extensive criticisms concerning its neglect of women from
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The Customary Obligation to Avoid, Reduce, or Prevent Statelessness in South Asia Asian Journal of International Law (IF 0.7) Pub Date : 2022-10-28 Andrea Marilyn Pragashini IMMANUEL
South Asia, as a region, consists of several stateless groups as well as groups at the risk of statelessness. However, none of the South Asian states are parties to the 1961 Convention on the Reduction of Statelessness, thus these states do not have specific obligations arising from this Convention to avoid, reduce, or prevent statelessness in the region. In this context, this article ascertains that
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The TRIPS Waiver Decision at the World Trade Organization: Too Little Too Late! Asian Journal of International Law (IF 0.7) Pub Date : 2022-10-28 Prabhash RANJAN, Praharsh GOUR
The recently adopted Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver decision at the World Trade Organization is a grossly inadequate and insincere response to the COVID-19 pandemic. This paper criticizes the TRIPS waiver for being faulty on several fronts such as: excluding COVID-19 diagnostics and therapeutics from its fold and focusing only on COVID-19 vaccines; restricting
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Examining the Scope of Nuclear Weapons-Related Activities Covered under the Environmental Remediation Obligation of the Treaty on the Prohibition of Nuclear Weapons Asian Journal of International Law (IF 0.7) Pub Date : 2022-09-22 Christopher P. EVANS
The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked much discussion of the Treaty's positive obligations under Article 6. But while victim assistance under Article 6(1) has received considerable attention, the environmental remediation obligation within Article 6(2) remains underexplored. Filling this gap, this article examines a specific issue
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Contesting Subjects: International Legal Discourses on Terrorism and Indigenous Peoples’ Human Rights Asian Journal of International Law (IF 0.7) Pub Date : 2022-09-20 Stephen YOUNG
International legal discourses clash in violent ways within the state. For example, the international discourse on human rights identifies some individuals who oppose state-sanctioned projects as Indigenous peoples while the international discourse about terrorism may identify them as terrorists. These clashes are occurring throughout the world, particularly surrounding extractive resource projects
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A New History of Refugee Protection in Post-World War Two Southeast Asia: Lessons from the Global South Asian Journal of International Law (IF 0.7) Pub Date : 2022-08-26 Natasha Emma YACOUB
This article proposes re-thinking the history of refugee protection in the Southeast Asia region, focusing on the post-World War Two period (1945–1979). It fills a gap in the literature on this period, drawing on archival material. It disrupts a narrative of “human rights exceptionalism” in Southeast Asia. First, it examines the small but powerful role of Southeast Asian states during the drafting
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The New Recipe for a General Principle of Law: Premise Theory to “Fill in the Gaps” Asian Journal of International Law (IF 0.7) Pub Date : 2022-08-01 Megumi OCHI
This article proposes a new theory, “premise theory”, to account for recent international criminal courts’ practice on finding general principles of law. After analysing the traditional theory of transposition from national to international legal settings, and the modification/choice model, this article demonstrates that the focus should be shifted from arbitrariness to the determinants of results
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Contesting Freedom of Information: Capitalism, Development, and the Third World Asian Journal of International Law (IF 0.7) Pub Date : 2022-07-25 Wanshu CONG
This paper historicizes the current challenges brought about by digitization to the Third World by revisiting a movement launched by the Non-Aligned Movement countries during the 1970s and early 1980s. Also known as the New World Information and Communication Order (NWICO), the movement contested the dominant liberal notion of freedom of information and spotlighted the critically material inequality
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Looking Forward Through and Beyond the Western Classics of International Law Asian Journal of International Law (IF 0.7) Pub Date : 2022-07-25 Ignacio DE LA RASILLA
The study of the Western classics of international law with Francisco de Vitoria and Hugo Grotius at its core is the foundational stone on which the whole edifice of today's ever-expanding history of international law was built upon. The article provides a gateway to Vitoria and Grotius's significance for international law and its history by providing a tenfold list of attributes of what makes a classic
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Judicial Review at the Asian Development Bank Administrative Tribunal Asian Journal of International Law (IF 0.7) Pub Date : 2022-07-11 Raul C. PANGALANGAN
International organizations create independent administrative tribunals to decide employment disputes that jurisdictional immunities place beyond the reach of national courts. The Asian Development Bank Administrative Tribunal's express mandate is to enforce the terms of employment of staff members but, in discharging that function, it has not hesitated to review the validity of those terms and strike
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Would the “Optional Protocol” Effectuate India's Due Diligence Obligation Under the Women's Convention? Asian Journal of International Law (IF 0.7) Pub Date : 2022-06-30 Vasudevan SHRITHA
India acceded to the Convention on the Elimination of all forms of Discrimination Against Women with a Declaration (CEDAW) to Article 5(a) stating that it will implement the principle on gender-based equality only to the extent of non-interference in the personal affairs of its religious communities. The due diligence obligation in the CEDAW, which was adopted through General Recommendation No. 19
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The Approach of the Commission on the Limits of the Continental Shelf to Submissions Involving Unresolved Disputes: Should It Be Modified? Asian Journal of International Law (IF 0.7) Pub Date : 2022-06-24 Huu Duy Minh TRAN
Paragraph 5(a) of Annex I to the Rules of Procedure of the Commission on the Limits of the Continental Shelf has been invoked by states to block the Commission's consideration of several submissions made by coastal states. The paragraph introduces several new factors into the delineation process of the continental shelf beyond 200 nautical miles, which had not been envisaged by the United Nations Convention
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Immunity Ratione Materiae of the Marines as Vessel Protection Detachments: A Case Note on the M/V Enrica Lexie Case Asian Journal of International Law (IF 0.7) Pub Date : 2022-06-24 Yurika ISHII
This case note critically analyses the logic of M/V Enrica Lexie of 2020 with a particular focus on the issue of the immunity ratione materiae. This judgment is important in terms of the development of the principle of sovereign immunity. It first reviews the background of the case and the judgment. It then examines (1) the basis of the principle of sovereign immunity and (2) the territorial exception
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Self-Judging Security Exception Clause as a Kind of Carte Blanche in Investment Treaties: Nature, Effect and Proper Standard of Review Asian Journal of International Law (IF 0.7) Pub Date : 2022-06-20 Mohammad-Ali BAHMAEI, Habib SABZEVARI
In investment treaties, the self-judging security exception clause allows states to restrict the exercise of investors’ rights and protections provided for by such treaties during security emergencies. During the last decade, such a clause has been included in numerous investment treaties to support state positions vis-à-vis foreign investors. States consider that this provision gives them a very broad
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Approaches to Discrimination Claims: A Comparison of the Administrative Tribunals of the Asian Development Bank and the Inter-American Development Bank Group Asian Journal of International Law (IF 0.7) Pub Date : 2022-05-16 Anne TREBILCOCK
This article examines the approaches taken by the Asian Development Bank Administrative Tribunal and the Administrative Tribunal of the Inter-American Development Bank Group in deciding discrimination claims. The article reviews the basic features of each tribunal before examining their jurisprudence on equality of treatment and issues of information disclosure in discrimination cases. Decisions to
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Proliferation of International Administrative Tribunals Asian Journal of International Law (IF 0.7) Pub Date : 2022-05-16 Chris DE COOKER
The first international administrative tribunal was set up in 1927. Since the Second World War many worldwide and regional international organizations were set up. They either created their own tribunal or accepted the jurisdiction of another tribunal for the adjudication of employment disputes. Dozens of such tribunals are functioning at present. Recently a number of organizations have withdrawn from
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A Few Thoughts about the Concepts of International Administrative Tribunals and International Administrative Law Asian Journal of International Law (IF 0.7) Pub Date : 2022-05-10 Shin-ichi AGO
This note tries to determine the most appropriate way to position international administrative tribunals (established by a number of inter-governmental organizations) in the public international legal order, and identify the substance of the so-called international administrative law applied therein. There is an emerging group of laws arising from numerous international administrative tribunal decisions
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Locating and Situating Justice Pal: TWAIL, International Criminal Tribunals, and Judicial Powers Asian Journal of International Law (IF 0.7) Pub Date : 2022-05-10 Sujith XAVIER
This paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's
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An Outstanding Claim: The Ryukyu/Okinawa Peoples’ Right to Self-Determination under International Human Rights Law Asian Journal of International Law (IF 0.7) Pub Date : 2022-04-28 Ai ABE
This paper aims to examine the legitimacy of Ryukyuans/Okinawans’1 right to self-determination (RSD) under international human rights law. To this end, it first details the evolution of the RSD from the traditional right to independence for colonial peoples, to the continuing right to self-governance for wider groups of peoples, which is followed by an analysis of holders of the RSD. The paper then
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Symposium Introduction: Critical Perspectives on Global Law and the Environment Asian Journal of International Law (IF 0.7) Pub Date : 2022-04-12 Eliana CUSATO, Emily JONES, Birsha OHDEDAR, Judith BUENO DE MESQUITA
Global law and the environment is an increasingly prominent and rapidly evolving area of scholarship. In confronting global challenges such as climate change, biodiversity loss, freshwater scarcity, and other symptoms of planetary breakdown, critical scholars from different intellectual traditions are questioning the traditional approach taken within environmental law which has, so far, only managed
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Intellectual Property and International Clean Technology Diffusion: Pathways and Prospects Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-21 Wenting CHENG
International clean technology diffusion is essential to mitigate and adapt to climate change, while fast and optimal diffusion can be prevented by the paywall of patents. This article explores the deficiency in clean technology diffusion caused by the legal fragmentation and rule complex of international environmental law and intellectual property law. It systematically examines three pathways to
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Living in the Shadows: Rohingya Refugees in Malaysia Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-21 Harsh MAHASETH, Samyuktha BANUSEKAR
Denied citizenship and persecuted in Myanmar, the Rohingya have fled to various countries, including Malaysia. However, Malaysia is not a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. It also has weak domestic legal and regulatory mechanisms to protect refugees and asylum-seekers. In this paper, the authors study the treatment of Rohingya refugees in Malaysia
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Peasants’ Rights as New Human Rights: Promises and Concerns for Agrobiodiversity Conservation Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-14 Zainab LOKHANDWALA
Agrobiodiversity conservation is vital for food security, maintaining ecological balance, and preserving socio-cultural norms. There is substantial evidence to support that agrobiodiversity hotspots coincide with localized, small-scale peasant food systems. Preserving such food systems is necessary for protecting agrobiodiversity. The current legal framework over agrobiodiversity is fragmented and
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Multinaturalism in International Environmental Law: Redefining the Legal Context for Human and Non-Human Relations Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-14 André NUNES CHAIB
International environmental law has come a long way in addressing humans’ extractive and negative relationship with nature, although despite its profound anthropocentrism and economic focus. This paper analyzes how and whether international environmental law can be conceived differently by incorporating different perspectives about the human/nature relationship. More specifically, the article engages
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A TWAIL Perspective on Loss and Damage from Climate Change: Reflections from Indira Gandhi's Speech at Stockholm Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-14 Malavika RAO
There seem to be no answers to resolve the deadlock between the Global North and the Global South on liability and compensation for loss and damage from climate change. Revisiting the original story of international environmental law from the Stockholm Conference of 1972 may help us address these historical tensions. In doing so, this article unveils the genesis of Third World Approaches to International
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What Might Degrowth Mean for International Economic Law? A Necessary Alternative to the (un)Sustainable Development Paradigm Asian Journal of International Law (IF 0.7) Pub Date : 2022-03-03 Claiton FYOCK
This article examines the implications for a change in framework from sustainable development to degrowth in the environmental and social discourse of International Economic Law (I.Econ.L.). It argues that the framework of sustainable development accommodates the Global North's inaction in assuaging environmental degradation and alleviating global inequality by remaining embedded in a capitalist, growth-oriented
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Global Animal Law and the Problem of “Globabble”: Toward Decoloniality and Diversity in Global Animal Law Studies Asian Journal of International Law (IF 0.7) Pub Date : 2022-02-28 Iyan OFFOR
Global animal law has emerged as a new legal subdiscipline and area of study following the widespread proliferation of animal law and animal law studies across the globe. However, there remains confusion as to what exactly global animal law is. Early global animal law studies are also entrenching norms that facilitate coloniality and neglect intersecting oppressions. In response, this article proposes
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Command Responsibility in the Times of Tokhang: Defining Military-likeness under Article 28(a) of the Rome Statute Asian Journal of International Law (IF 0.7) Pub Date : 2022-02-08 Raphael Lorenzo A. PANGALANGAN
President Rodrigo Duterte won on a law-and-order campaign promise to fatten the fish in Manila Bay with the corpses of criminals. By the time the Philippines withdrew from the Rome Statute, the body count stood at a reported 30,000, a fifth of whom were openly killed in Philippine National Police (PNP) anti-drug operations. Duterte has since been accused of Crimes Against Humanity, inter alia, as “a
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Law and Politics on Export Restrictions: WTO and Beyond by Chien-Huei WU. Cambridge International Trade and Economic Law Series. Cambridge: Cambridge University Press, 2021. xxii + 284 pp. Hardcover: AUD$110.00; eBook: USD$88.00. doi: 10.1017/9781108953566 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-24 Pasha L. HSIEH
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The Ecology of War and Peace: Marginalising Slow and Structural Violence in International Law by CUSATO Eliana. Cambridge: Cambridge University Press, 2021. x + 312 pp. Hardback: £85.00; eBook: £68.00. doi: 10.1017/9781108939812. Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-21 Lys KULAMADAYIL
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Of Promises and Discontents: Mapping India's Response to Guaranteeing the Right to Mental Health during the Covid-19 Pandemic Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-15 Sanskriti SANGHI, Raushan Tara JASWAL
As of 2020, close to 1 billion people are living with mental disorders. The COVID-19 pandemic has revealed and intensified the shortcomings in guaranteeing the right to mental health, particularly of the marginalized. The article discusses the international human rights framework with the endeavour of highlighting the non-derogability of the right and the obligations imposed on States in pursuance
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Adamakopoulos and Others v. Cyprus: “Massive” Problems Concerning a Mass Claims Proceeding in Investment Treaty Arbitration? Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-09 Keer HUANG
The Adamakopoulos and Others v. Cyprus Decision is noteworthy because it provides a blueprint for mass claims proceedings in investment treaty arbitration, justifying the possibility of addressing investment claims en masse in the future. This case comment reviews the background to the dispute, addresses the majority decision on the mass claims, and comments on the Tribunal's reasoning regarding the
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Business and Human Rights in Asia: Duty of the State to Protect edited by James GOMEZ and Robin RAMCHARAN. London, New York and Shanghai: Palgrave Macmillan Singapore, 2021. xxv + 272 pp. Hardcover: €99.99; eBook: €85.59. doi: 10.1007/978-981-15-7273-9 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-06 Jernej Letnar ČERNIČ
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We, the Robots? Regulating Artificial Intelligence and the Limits of the Law by CHESTERMAN Simon. Cambridge: Cambridge University Press, 2021. xx + 290 pp. Hardcover: $39.99; available as eBook. doi: 10.1017/9781009047081 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-03 Hitoshi NASU
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Bangladesh and International Law edited by Mohammad SHAHABUDDIN. Routledge Contemporary South Asia Series Abingdon, Oxfordshire; New York: Routledge a member of the Taylor & Francis Group, 2021. xxvi + 340 pp. Hardcover: AUS$297.90; £120.00. doi: 10.4324/9781003107958 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-01 Hassan AL IMRAN
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The South China Sea Arbitration: Toward an International Legal Order in the Oceans by Yoshifumi TANAKA. Oxford, Great Britain: Hart Publishing, an Imprint of Bloomsbury Publishing, 2019. 312 pp. Hardcover: £80.00; eBook (PDF): £35.99. doi: 10.5040/9781509924844 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-01 Pannavit TAPANEEYAKORN
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Reflections on the Making of the Modern Law of the Sea by Satya NANDAN and Kristine E. DALAKER. Singapore: National University of Singapore Press, 2020. xxi + 289 pp. Softcover: SGD$36.00. doi: unknown - Geographical Change and the Law of the Sea by Kate PURCELL. Oxford: Oxford University Press, 2019. 324 pp. Hardcover: £84.00. doi: 10.1093/oso/9780198743644.001.0001 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-01 Thi Lan Huong NGUYEN
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International Law and Sea Level Rise: Report of the International Law Association Committee on International Law and Sea Level Rise edited by VIDAS Davor, FREESTONE David, and Jane McADAM. Brill Research Perspectives in the Law of the Sea Series Leiden/Boston: Brill Nijhoff, 2019. 180 pp. Softcover: €70.00/USD$84.00; eBook: €70.00/USD$84.00. doi: 10.1163/9789004398191_002 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-01 Selman AKSÜNGER
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Cyber Operations and International Law by François DELERUE. Cambridge Studies in International and Comparative Law Series Cambridge: Cambridge University Press, 2020. xxii + 522 pp. Hardcover: AUS$155.00; Softcover: AUS$44.99; eBook: USD$36.00. doi: 10.1017/9781108780605 Asian Journal of International Law (IF 0.7) Pub Date : 2021-12-01 Upasana DASGUPTA
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Sovereignty and Status in East Asian International Relations by Seo-Hyun PARK. Cambridge: Cambridge University Press, 2017. x + 212 pp. Hardcover: USD$105.00; Softcover: USD$29.99; eBook: USD$24.00. doi: 10.1017/9781316856420 Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-24 Salamah ANSARI
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The Amicus Curiae in International Criminal Justice by Sarah WILLIAMS, Hannah WOOLAVER, and Emma PALMER. Chicago: Hart Publishing, 2020. liv + 367 pp. Hardback: £80.00; Paperback: £39.99; eBook (PDF): £35.99. doi: 10.5040/9781509913350 Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-24 Yudan TAN
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General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice by Imogen SAUNDERS. Studies in International Law Series. Oxford, Great Britain and Sydney, Australia: Hart Publishing, 2021. xiv + 285 pp. Hardback: £85.00; eBook: £76.50. doi: 10.5040/9781509936090.0004 Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-24 P. Sean Morris
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National Trials of International Crimes in Bangladesh: Transitional Justice as Reflected in Judgments by M. Rafiqul ISLAM. Leiden/Boston: Brill Nijhiff, 2019. xxix + 506 pp. Hardcover: €176.00/USD$212.00; eBook: €176.00/USD$212.00 doi: 10.1163/9789004389380_003 Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-24 Mafruza SULTANA
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International Investment Law: Reconciling Policy and Principle by Surya P. SUBEDI. Oxford, Great Britain and New York, USA: Hart Publishing, 2020. 4th edition. xxxvi + 326 pp. Paperback: £41.99; eBook (PDF): £37.79. doi: unknown Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-24 Nartnirun JUNNGAM
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Palestine's Accession to Geneva Convention III: Typology of Captives Incarcerated by Israel Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-08 Mutaz M. QAFISHEH, Ihssan Adel MADBOUH
Upon the 2014 State of Palestine's accession to Geneva Convention III, captured Palestinians who took part in belligerent acts against the occupier should be treated as prisoners of war due to the fact that they belong to a party to an armed conflict. These individuals fall under three categories: members of security forces, affiliates of armed resistance groups, and uprisers who fight the occupant
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International Juridical Forms and Legal Subjectivity: A History of the Subject in Southeast Asia from the Anglo-Dutch Treaty of 1824 to the ASEAN Charter Asian Journal of International Law (IF 0.7) Pub Date : 2021-11-03 Jose Duke BAGULAYA
Using Michel Foucault's concept of modes of objectification, this paper argues that treaties, declarations, and agreements constitute international juridical forms that transform human beings into legal subjects. It retraces the objectification of “natives” in nineteenth-century colonial treaties that made human beings accessories to territories and transformed them into colonial subjects. This legal