Pub Date : 2017-01-12DOI: 10.1163/23525207-12340024
Qingjiang Kong
The recent years witnessed the emergence of international investment agreements (IIAs), such as the U.S. model BIT in 2012, and more prominently, the Trans-Pacific Partnership (TPP) in 2015, which often embody provisions for state-owned enterprises (SOEs). The SOE rules, as well as their predecessor, the OECD Guidelines on Corporate Governance of State-Owned Enterprises, aim to impose strict regulations on the SOEs and to exert great influence on the state-led economies. China has been seen in constant reform of its SOEs, and is now in the midst of negotiating a BIT with, and the U.S., and a BIT with the European Union. Against this backdrop, China’s SOE reform will be relevant to the emerging investment rules governing SOEs.
{"title":"Emerging Rules in International Investment Instruments and China’s Reform of State-owned Enterprises","authors":"Qingjiang Kong","doi":"10.1163/23525207-12340024","DOIUrl":"https://doi.org/10.1163/23525207-12340024","url":null,"abstract":"The recent years witnessed the emergence of international investment agreements (IIAs), such as the U.S. model BIT in 2012, and more prominently, the Trans-Pacific Partnership (TPP) in 2015, which often embody provisions for state-owned enterprises (SOEs). The SOE rules, as well as their predecessor, the OECD Guidelines on Corporate Governance of State-Owned Enterprises, aim to impose strict regulations on the SOEs and to exert great influence on the state-led economies. China has been seen in constant reform of its SOEs, and is now in the midst of negotiating a BIT with, and the U.S., and a BIT with the European Union. Against this backdrop, China’s SOE reform will be relevant to the emerging investment rules governing SOEs.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"3 1","pages":"57-82"},"PeriodicalIF":0.0,"publicationDate":"2017-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340024","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43168114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-01-12DOI: 10.1163/23525207-12340023
I. Hadiprayitno
It is common to criticize the right to development as a confusing compilation of ideas that brings into question its progressive realisation. This article concentrates precisely on this deferring situation. However, rather than scrutinizing the reasons of failures, it aims to explore a violation-based approach to the right to development in its connection as an instrument to address development hazards. The analysis focuses on two aspects of the right to development, firstly, the entitlement to fair distribution of benefits, as the basic argument to the obligation not to cause any harm in development, and secondly, the entitlement to participation, as an instrument to prevent and combat development hazards.
{"title":"Development Hazard: A Violation-based Approach to the Right to Development","authors":"I. Hadiprayitno","doi":"10.1163/23525207-12340023","DOIUrl":"https://doi.org/10.1163/23525207-12340023","url":null,"abstract":"It is common to criticize the right to development as a confusing compilation of ideas that brings into question its progressive realisation. This article concentrates precisely on this deferring situation. However, rather than scrutinizing the reasons of failures, it aims to explore a violation-based approach to the right to development in its connection as an instrument to address development hazards. The analysis focuses on two aspects of the right to development, firstly, the entitlement to fair distribution of benefits, as the basic argument to the obligation not to cause any harm in development, and secondly, the entitlement to participation, as an instrument to prevent and combat development hazards.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"3 1","pages":"27-56"},"PeriodicalIF":0.0,"publicationDate":"2017-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340023","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43042306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-01-12DOI: 10.1163/23525207-12340022
A. Marx
Whether global rules and standards originate from a public intergovernmental body or from a private organization has significant implications for the applicability of international law such as WTO law. However, how sensible is this distinction between public and private? This paper argues that the distinction between public and private standards only makes sense if one looks at the legal status of specific standard-setting organisations. However, the distinction between public and private begins to blur and fade if one switches the unit of analysis. First, the paper shows that private standards are often based on internationally agreed (public) rules and norms. Second, the paper argues that governments on purpose or in the design of their policies take these private initiatives on board. Hence, they become an integral part of ‘public’ governance. These arguments are developed on the basis of an analysis of Voluntary Sustainability Standards (VSS).
{"title":"The Public-Private Distinction in Global Governance: How Relevant is it in the Case of Voluntary Sustainability Standards?","authors":"A. Marx","doi":"10.1163/23525207-12340022","DOIUrl":"https://doi.org/10.1163/23525207-12340022","url":null,"abstract":"Whether global rules and standards originate from a public intergovernmental body or from a private organization has significant implications for the applicability of international law such as WTO law. However, how sensible is this distinction between public and private? This paper argues that the distinction between public and private standards only makes sense if one looks at the legal status of specific standard-setting organisations. However, the distinction between public and private begins to blur and fade if one switches the unit of analysis. First, the paper shows that private standards are often based on internationally agreed (public) rules and norms. Second, the paper argues that governments on purpose or in the design of their policies take these private initiatives on board. Hence, they become an integral part of ‘public’ governance. These arguments are developed on the basis of an analysis of Voluntary Sustainability Standards (VSS).","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"3 1","pages":"1-26"},"PeriodicalIF":0.0,"publicationDate":"2017-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340022","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41889785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-10-19DOI: 10.1163/23525207-12340018
Dirk Messner, A. Guarín, D. Haun
Cooperation among countries to deal with climate change and other global challenges seems almost impossible. However, recent research in the behavioral and evolutionary sciences suggests that people cooperate willingly and perhaps even naturally. Why the contradiction? In this paper we call for the need to think about international relations beyond the assumptions of rational choice and narrow self-interest. We suggest that seemingly intractable international challenges are not only the result of power struggles, but may also reflect the under-provisioning of the key enablers of cooperation—what we call the “cooperation hexagon”: reciprocity, trust, we-identity, enforcement, communication, reputation and fairness.
{"title":"Putting Behavior into International Cooperation","authors":"Dirk Messner, A. Guarín, D. Haun","doi":"10.1163/23525207-12340018","DOIUrl":"https://doi.org/10.1163/23525207-12340018","url":null,"abstract":"Cooperation among countries to deal with climate change and other global challenges seems almost impossible. However, recent research in the behavioral and evolutionary sciences suggests that people cooperate willingly and perhaps even naturally. Why the contradiction? In this paper we call for the need to think about international relations beyond the assumptions of rational choice and narrow self-interest. We suggest that seemingly intractable international challenges are not only the result of power struggles, but may also reflect the under-provisioning of the key enablers of cooperation—what we call the “cooperation hexagon”: reciprocity, trust, we-identity, enforcement, communication, reputation and fairness.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"129-141"},"PeriodicalIF":0.0,"publicationDate":"2016-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340018","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-16DOI: 10.1163/23525207-12340015
Yana Stoeva
This article seeks to analyse whether Heisenberg’s uncertainty principle may be, mutatis mutandis, applicable to law. From a legal perspective, instead of position and momentum, Heisenberg’s equation can be expressed in terms of a rule’s precision and accuracy. Therefore, a working hypothesis, which might be called the “uncertainty hypothesis”, would hold that: An increase in a rule’s precision at a definite time, decreases its accuracy in an indefinite future case, and vice versa. Putting the hypothesis into practice in two case studies indicates that highly accurate rules may lead to injustice because of lack of precision, while pursuing high levels of precision may lead to lack of justice because of inaccuracy. The legal implication, if we accept the uncertainty hypothesis, is a recommendation to seek the best possible solution in terms of the best possible balance between the advantages of one perspective (precision) and the virtues of the other (accuracy).
{"title":"The ‘Uncertainty Hypothesis’ in International Economic Law","authors":"Yana Stoeva","doi":"10.1163/23525207-12340015","DOIUrl":"https://doi.org/10.1163/23525207-12340015","url":null,"abstract":"This article seeks to analyse whether Heisenberg’s uncertainty principle may be, mutatis mutandis, applicable to law. From a legal perspective, instead of position and momentum, Heisenberg’s equation can be expressed in terms of a rule’s precision and accuracy. Therefore, a working hypothesis, which might be called the “uncertainty hypothesis”, would hold that: An increase in a rule’s precision at a definite time, decreases its accuracy in an indefinite future case, and vice versa. Putting the hypothesis into practice in two case studies indicates that highly accurate rules may lead to injustice because of lack of precision, while pursuing high levels of precision may lead to lack of justice because of inaccuracy. The legal implication, if we accept the uncertainty hypothesis, is a recommendation to seek the best possible solution in terms of the best possible balance between the advantages of one perspective (precision) and the virtues of the other (accuracy).","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"44-62"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340015","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-16DOI: 10.1163/23525207-12340017
H. Tiantian
The Arbitral Tribunal in the arbitration instituted by the Philippines against China has issued its Award on Jurisdiction and Admissibility. Juridical practices have something in common. The arbitral proceedings generally comprise two indispensable stages: findings of fact and application of law. The production, collection, and evaluation of evidence serve a particular purpose: they are meant to enable the adjudicative body to find facts. Thus, evidence is meant to prove or disprove facts. This review paper aims to discuss evidence and fact-finding process in the Award. As a general rule, international judges or arbitrators have wide discretion in the evaluation of evidence, but the guiding principle of the rules governing evidence should be the principle of fair trial. The problems of evidence evaluation and fact-finding revealed in the Award would be much serious at the merits stage, thus have negative implications for the Tribunal to deliver its decision impartially.
{"title":"Commentary on Award on Jurisdiction and Admissibility of the Philippines-instituted Arbitration under Annex vii to the unclos: A Discussion on Fact-Finding and Evidence","authors":"H. Tiantian","doi":"10.1163/23525207-12340017","DOIUrl":"https://doi.org/10.1163/23525207-12340017","url":null,"abstract":"The Arbitral Tribunal in the arbitration instituted by the Philippines against China has issued its Award on Jurisdiction and Admissibility. Juridical practices have something in common. The arbitral proceedings generally comprise two indispensable stages: findings of fact and application of law. The production, collection, and evaluation of evidence serve a particular purpose: they are meant to enable the adjudicative body to find facts. Thus, evidence is meant to prove or disprove facts. This review paper aims to discuss evidence and fact-finding process in the Award. As a general rule, international judges or arbitrators have wide discretion in the evaluation of evidence, but the guiding principle of the rules governing evidence should be the principle of fair trial. The problems of evidence evaluation and fact-finding revealed in the Award would be much serious at the merits stage, thus have negative implications for the Tribunal to deliver its decision impartially.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"96-128"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340017","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618843","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-16DOI: 10.1163/23525207-12340014
M. Du
With the launch of “One Belt, One Road” Initiative, China is injecting vitality into the ancient Silk Road. While China is seen to embrace it as the centrepiece of its economic strategy, the new Silk Road Initiative, if well implemented, is expected to bring forth the opportunity of economic prosperity for both China and the countries in the region. Against the backdrop of the complicated and volatile geopolitics in the mega-regions and the voracious needs for gigantic inputs of resources, etc., however, the operationality of the Initiative is in contrast with the grandiose discourse by the Chinese authorities. In particular, where China’s ultimate target is set to shape a new structure for global economic governance, its ability to lead vis-a-vis its targeted partners’ readiness to cooperate, among others, remain to be tested.
{"title":"China’s “One Belt, One Road” Initiative: Context, Focus, Institutions, and Implications","authors":"M. Du","doi":"10.1163/23525207-12340014","DOIUrl":"https://doi.org/10.1163/23525207-12340014","url":null,"abstract":"With the launch of “One Belt, One Road” Initiative, China is injecting vitality into the ancient Silk Road. While China is seen to embrace it as the centrepiece of its economic strategy, the new Silk Road Initiative, if well implemented, is expected to bring forth the opportunity of economic prosperity for both China and the countries in the region. Against the backdrop of the complicated and volatile geopolitics in the mega-regions and the voracious needs for gigantic inputs of resources, etc., however, the operationality of the Initiative is in contrast with the grandiose discourse by the Chinese authorities. In particular, where China’s ultimate target is set to shape a new structure for global economic governance, its ability to lead vis-a-vis its targeted partners’ readiness to cooperate, among others, remain to be tested.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"30-43"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340014","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-16DOI: 10.1163/23525207-12340016
Katherine Tseng Hui-yi
With the proposal of the 21st century Maritime Silk Road plan, China has demonstrated its willingness to connect with the rest of the world via cooperation, by sharing its development dividends. Yet, the soaring South China Sea issue possesses great potentials in dampening China’s ambitious efforts. The Maritime Silk Road plan is one example. The key is how China can conciliate its South China Sea position, which sees a territorialization trend of the dash-line claim, and the projected posture emphasizing on mutual cooperation and common prospects in the Maritime Silk Road plan. By operating the territorialized dash-line claim in an open-end manner along with subtle management tactics, the South China Sea tensions can be pacified, the Maritime Silk Road plane can also take a successful first step by delivering its words of cooperation and common prospects.
{"title":"Re-contemplating the South China Sea Issue: Sailing with the Wind of the 21st Century Maritime Silk Road","authors":"Katherine Tseng Hui-yi","doi":"10.1163/23525207-12340016","DOIUrl":"https://doi.org/10.1163/23525207-12340016","url":null,"abstract":"With the proposal of the 21st century Maritime Silk Road plan, China has demonstrated its willingness to connect with the rest of the world via cooperation, by sharing its development dividends. Yet, the soaring South China Sea issue possesses great potentials in dampening China’s ambitious efforts. The Maritime Silk Road plan is one example. The key is how China can conciliate its South China Sea position, which sees a territorialization trend of the dash-line claim, and the projected posture emphasizing on mutual cooperation and common prospects in the Maritime Silk Road plan. By operating the territorialized dash-line claim in an open-end manner along with subtle management tactics, the South China Sea tensions can be pacified, the Maritime Silk Road plane can also take a successful first step by delivering its words of cooperation and common prospects.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"63-95"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618834","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-16DOI: 10.1163/23525207-12340013
Nadja Meisterhans
Blaming the World Health Organization (WHO) for its failures in the Ebola crisis was a common reaction of the media. However, exclusively denouncing the WHO for the spread of Ebola falls short as it does not recognize the structural deficits of those recent governance procedures financing global health that lead to a chronic underfunding of the WHO. Against this background, the article reflects perspectives of a democratic reform of global health funding. It concludes that only the WHO can provide a leadership on global health matters, but to do so it depends on states willing to rebuild the WHO’s capacities to act. To address the global health crisis properly, the revitalization of WHO’s constitutional mandate is critically necessary. The discussion is based on normative legal theory, which argues that processes of globalization have transformed international law into a global rule of law, placing specific duties on states and international institutions.
{"title":"The World Health Organization in Crisis—Lessons to be Learned Beyond the Ebola Outbreak","authors":"Nadja Meisterhans","doi":"10.1163/23525207-12340013","DOIUrl":"https://doi.org/10.1163/23525207-12340013","url":null,"abstract":"Blaming the World Health Organization (WHO) for its failures in the Ebola crisis was a common reaction of the media. However, exclusively denouncing the WHO for the spread of Ebola falls short as it does not recognize the structural deficits of those recent governance procedures financing global health that lead to a chronic underfunding of the WHO. Against this background, the article reflects perspectives of a democratic reform of global health funding. It concludes that only the WHO can provide a leadership on global health matters, but to do so it depends on states willing to rebuild the WHO’s capacities to act. To address the global health crisis properly, the revitalization of WHO’s constitutional mandate is critically necessary. The discussion is based on normative legal theory, which argues that processes of globalization have transformed international law into a global rule of law, placing specific duties on states and international institutions.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"2 1","pages":"1-29"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340013","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64619244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-02-12DOI: 10.1163/23525207-12340011
P. Sun
China’s discourse on human rights has a very rich and colorful content and the construction thereof has its own particular characteristics. Approaches to examine it should be adopted to understand thoroughly both the past and the present and both Chinese and Western methods of integration of theory into practice. Many important human rights factors are embodied in traditional Chinese culture and Confucianism became an important basis of the international consensus on morality. The Chinese representative, Peng-chun Chang made historical contributions to the construction of the international human rights protection system. These represent the core texts in constructing China’s human rights discourse, which will play an important role in China’s struggle for authority in the international discourse on human rights and dominance in global governance.
{"title":"Chinese Discourse on Human Rights in Global Governance","authors":"P. Sun","doi":"10.1163/23525207-12340011","DOIUrl":"https://doi.org/10.1163/23525207-12340011","url":null,"abstract":"China’s discourse on human rights has a very rich and colorful content and the construction thereof has its own particular characteristics. Approaches to examine it should be adopted to understand thoroughly both the past and the present and both Chinese and Western methods of integration of theory into practice. Many important human rights factors are embodied in traditional Chinese culture and Confucianism became an important basis of the international consensus on morality. The Chinese representative, Peng-chun Chang made historical contributions to the construction of the international human rights protection system. These represent the core texts in constructing China’s human rights discourse, which will play an important role in China’s struggle for authority in the international discourse on human rights and dominance in global governance.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"90 1","pages":"192-213"},"PeriodicalIF":0.0,"publicationDate":"2016-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340011","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64619196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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