{"title":"The China–US Trade War and South Asian Economies","authors":"","doi":"10.4324/9781003053613","DOIUrl":"https://doi.org/10.4324/9781003053613","url":null,"abstract":"","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44853757","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.10
Vahid Bazzar, U. AllamehTabataba'i
While inspecting the Natanz Nuclear Site (Iran) on October 6, 2019, an inspector of the IAEA was found to carry suspicious materials. She was prevented from entering the site by the Iranian authorities and was shortly returned to the Agency’s headquarters. Iran could not prosecute her, because of the inspector’s immunity by the Agency. However, in addition to exhaustion of the dispute settlement mechanisms predicted in the Agreement on the Privileges and Immunities of the IAEA which has also provided the recourse to the ICJ, Iran may prosecute the Agency by attributing the conduct of the inspector to the Agency in the national courts of non-member States of the Agency that has not accepted the immunity of international organizations as customary international law. This article deals with the immunity of international organizations and its agents, as well as examining the Agency inspector’s fault in inspecting the Natanz Nuclear Site and the Judicial Mechanisms for follow-ups.
{"title":"IAEA Inspector’s Fault in Inspecting the Natanz Nuclear Site on October 28, 2019: Judicial Mechanisms for Follow-up","authors":"Vahid Bazzar, U. AllamehTabataba'i","doi":"10.14330/jeail.2020.13.2.10","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.10","url":null,"abstract":"While inspecting the Natanz Nuclear Site (Iran) on October 6, 2019, an inspector of the IAEA was found to carry suspicious materials. She was prevented from entering the site by the Iranian authorities and was shortly returned to the Agency’s headquarters. Iran could not prosecute her, because of the inspector’s immunity by the Agency. However, in addition to exhaustion of the dispute settlement mechanisms predicted in the Agreement on the Privileges and Immunities of the IAEA which has also provided the recourse to the ICJ, Iran may prosecute the Agency by attributing the conduct of the inspector to the Agency in the national courts of non-member States of the Agency that has not accepted the immunity of international organizations as customary international law. This article deals with the immunity of international organizations and its agents, as well as examining the Agency inspector’s fault in inspecting the Natanz Nuclear Site and the Judicial Mechanisms for follow-ups.","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":"13 1","pages":"435-448"},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44241183","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.09
B. Kondoch
{"title":"The Killing of General Quassem Soleimani: Legal and Policy Issues","authors":"B. Kondoch","doi":"10.14330/jeail.2020.13.2.09","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.09","url":null,"abstract":"","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":"13 1","pages":"419-434"},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43178542","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.05
Zewei Yang
∗ This paper is a part of the research results of a major project of the national key research base for humanities and social sciences under the Ministry of Education of China (No. 17JJD820006) chaired by Prof. Yang Zewei, titled, “A Study on International Legal Issues Relating to the Protection of China’s Rights and Interests.” All the websites cited in this article were last visited on October 18, 2020. ∗∗ Distinguished Professor of Chang Jiang Scholars Program of Ministry of Education; Luojia Distinguished Professor of International Law Institute, China Institute of Boundary and Ocean Studies, and Collaborative Innovation Center for Territorial Sovereignty and Maritime Rights at Wuhan University. A.B. (Hunan Normal Univ.), M.A./Ph.D.(Wuhan). ORCID: http://orcid.org/0000-0001-9937-2741. The author may be contacted at: fxyyzw@whu.edu.cn /Address: Luojia Hill, Wuhan, Hubei Province, 430072, P.R. China. Zewei Yang
{"title":"The People’s Republic of China and the Development of Contemporary International Law: Review and Prospects","authors":"Zewei Yang","doi":"10.14330/jeail.2020.13.2.05","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.05","url":null,"abstract":"∗ This paper is a part of the research results of a major project of the national key research base for humanities and social sciences under the Ministry of Education of China (No. 17JJD820006) chaired by Prof. Yang Zewei, titled, “A Study on International Legal Issues Relating to the Protection of China’s Rights and Interests.” All the websites cited in this article were last visited on October 18, 2020. ∗∗ Distinguished Professor of Chang Jiang Scholars Program of Ministry of Education; Luojia Distinguished Professor of International Law Institute, China Institute of Boundary and Ocean Studies, and Collaborative Innovation Center for Territorial Sovereignty and Maritime Rights at Wuhan University. A.B. (Hunan Normal Univ.), M.A./Ph.D.(Wuhan). ORCID: http://orcid.org/0000-0001-9937-2741. The author may be contacted at: fxyyzw@whu.edu.cn /Address: Luojia Hill, Wuhan, Hubei Province, 430072, P.R. China. Zewei Yang","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":"13 1","pages":"337-358"},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45020058","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.03
E. Y. Lee
Lawyers express their opinions mainly by writing. In particular, legal scholars are obliged to write scholarly papers and publish them. A good lawyer also includes being a good writer. However, it is not easy for young lawyers or law students to write a good, scholarly paper. To be a good writer, they should possess discipline. Nonetheless, there are a few practical guidelines for young lawyers or law students to refer to when they begin writing scholarly articles. The primary purpose of this research is to present the core guidelines of scholarly legal writing-what to consider and what to avoid - for beginners; following the author ’ s experience of editing globally recognized journals in international law as well as writing and publishing scholarly papers at leading academic law magazines in the world. This research paper contains the meaning of good scholarly legal paper, topic and title, research methodology, writing, referencing, research ethics and publication .
{"title":"Legal Editology and Publication of Scholarly Law Paper: How to Translate Academic Stimulus into Creative Legal Writing?","authors":"E. Y. Lee","doi":"10.14330/jeail.2020.13.2.03","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.03","url":null,"abstract":"Lawyers express their opinions mainly by writing. In particular, legal scholars are obliged to write scholarly papers and publish them. A good lawyer also includes being a good writer. However, it is not easy for young lawyers or law students to write a good, scholarly paper. To be a good writer, they should possess discipline. Nonetheless, there are a few practical guidelines for young lawyers or law students to refer to when they begin writing scholarly articles. The primary purpose of this research is to present the core guidelines of scholarly legal writing-what to consider and what to avoid - for beginners; following the author ’ s experience of editing globally recognized journals in international law as well as writing and publishing scholarly papers at leading academic law magazines in the world. This research paper contains the meaning of good scholarly legal paper, topic and title, research methodology, writing, referencing, research ethics and publication .","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44770117","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.12
N. H. Thao
{"title":"International Law and Actual Issues in Viet Nam","authors":"N. H. Thao","doi":"10.14330/jeail.2020.13.2.12","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.12","url":null,"abstract":"","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":"13 1","pages":"457-460"},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45989835","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.08
Maskun Maskun, Achmad Achmad, Naswar Naswar, H. Assidiq, Armelia Syafira, M. Napang, M. Hendrapati
Today’s technological developments have resulted in the emergence of various new crimes threatening the international community. In recent decades, there have been various forms of cybercrimes targeted at the communication networks and defense systems of countries by other countries, known as cyber warfare. Unfortunately, international law has not specified this as a crime, but its impact has caused violations of sovereignty and disruption of national security, resulting in material loss, breakdown of communication networks and obstruction of social and public services based on the internet, such as what happened in Estonia in 2007. This article is a normative study that analyzes the elements of cybercrime relating to threats to a country ’ s security. The modification of the cybercrime concept is necessary to designate cybercrimes as crimes of aggression amid technological development to maintain stability in the international community .
{"title":"Qualifying Cyber Crime as a Crime of Aggression in International Law","authors":"Maskun Maskun, Achmad Achmad, Naswar Naswar, H. Assidiq, Armelia Syafira, M. Napang, M. Hendrapati","doi":"10.14330/jeail.2020.13.2.08","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.08","url":null,"abstract":"Today’s technological developments have resulted in the emergence of various new crimes threatening the international community. In recent decades, there have been various forms of cybercrimes targeted at the communication networks and defense systems of countries by other countries, known as cyber warfare. Unfortunately, international law has not specified this as a crime, but its impact has caused violations of sovereignty and disruption of national security, resulting in material loss, breakdown of communication networks and obstruction of social and public services based on the internet, such as what happened in Estonia in 2007. This article is a normative study that analyzes the elements of cybercrime relating to threats to a country ’ s security. The modification of the cybercrime concept is necessary to designate cybercrimes as crimes of aggression amid technological development to maintain stability in the international community .","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46787961","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.04
Shuo Feng, Law. Ll.M., Wei Shen
∗ Research Fellow & Ph.D. Candidate at East China University of Political Science and Law. LL.B. & LL.M. (ECUPL). ORCID: https://orcid.org/0000-0003-4435-2123. The author may be contacted at: ecupl_fengshuo@163.com/Address: No. 1575, Wanhangdu Road, Shanghai, P.R. China. ∗∗ Corresponding Author. KoGuan Distinguished Professor of Law, Shanghai Jiao Tong University Law School; L. Bates Lea Visiting Professor of Law, Michigan Law School. LL.B. & LL.M. (ECUPL), LL.M. (Michigan), LL.M. (Cantab), Ph.D. (LSE). ORCID: https://orcid.org/0000-0002-6935-1365. The author may be contacted at: shenwei@sjtu.edu.cn/ Address: No.1954 Huashan Road, Shanghai, P.R. China. The authors thank Thomas Stanton, Carrie Shu Shang and Casey Watters for their comments on an earlier draft of this article and Clara Lewis for her excellent editorial input. Part of the early draft was presented in Michigan Law School’s Business Law Series Talks and Xiamen University Law School’s International Law Series Talks. The authors are grateful for helpful comments and suggestions made by Congyan Cai, Huiping Chen, Fang Fang, Edward Fox, Adam C. Prichard, Gabriel Rauterberg, the participants in these two workshops. This work was supported by the major projects of the National Social Science Foundation under Grant 20ZDA062 and 19ZDA167. The authors bear sole responsibility for the article. All the website cited in this article were last visited on October 20, 2020. Shuo Feng & Wei Shen
*华东政法大学研究员兼博士生。LL.B&LL.M（ECUPL）。兽人：https://orcid.org/0000-0003-4435-2123.可通过以下方式联系作者：ecupl_fengshuo@163.com/地址：中华人民共和国上海市万航渡路1575号。*通讯作者。上海交通大学法学院柯观法学特聘教授；L.Bates Lea密歇根大学法学院法学客座教授。法学学士和法学硕士（ECUPL）、法学硕士（密歇根）、法学博士（Cantab）、博士（LSE）。兽人：https://orcid.org/0000-0002-6935-1365.可通过以下方式联系作者：shenwei@sjtu.edu.cn/地址：中华人民共和国上海市华山路1954号。作者感谢Thomas Stanton、Carrie Shu Shang和Casey Watters对本文早期草稿的评论，以及Clara Lewis出色的编辑投入。早期草案的一部分在密歇根法学院的商业法系列讲座和厦门大学法学院的国际法系列讲座上发表。感谢蔡聪彦、陈慧萍、方方、福克斯、普里查德、劳特伯格等专家的宝贵意见和建议。本研究得到了国家社会科学基金重大项目20ZDA062和19ZDA167的资助。作者对这篇文章负全部责任。本文引用的所有网站最后一次访问是在2020年10月20日。硕峰与韦深
{"title":"Calvo Is Back! Changing Sovereignty and Evolutionary Investment Law in a Leaving and Return of the State Paradigm","authors":"Shuo Feng, Law. Ll.M., Wei Shen","doi":"10.14330/jeail.2020.13.2.04","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.04","url":null,"abstract":"∗ Research Fellow & Ph.D. Candidate at East China University of Political Science and Law. LL.B. & LL.M. (ECUPL). ORCID: https://orcid.org/0000-0003-4435-2123. The author may be contacted at: ecupl_fengshuo@163.com/Address: No. 1575, Wanhangdu Road, Shanghai, P.R. China. ∗∗ Corresponding Author. KoGuan Distinguished Professor of Law, Shanghai Jiao Tong University Law School; L. Bates Lea Visiting Professor of Law, Michigan Law School. LL.B. & LL.M. (ECUPL), LL.M. (Michigan), LL.M. (Cantab), Ph.D. (LSE). ORCID: https://orcid.org/0000-0002-6935-1365. The author may be contacted at: shenwei@sjtu.edu.cn/ Address: No.1954 Huashan Road, Shanghai, P.R. China. The authors thank Thomas Stanton, Carrie Shu Shang and Casey Watters for their comments on an earlier draft of this article and Clara Lewis for her excellent editorial input. Part of the early draft was presented in Michigan Law School’s Business Law Series Talks and Xiamen University Law School’s International Law Series Talks. The authors are grateful for helpful comments and suggestions made by Congyan Cai, Huiping Chen, Fang Fang, Edward Fox, Adam C. Prichard, Gabriel Rauterberg, the participants in these two workshops. This work was supported by the major projects of the National Social Science Foundation under Grant 20ZDA062 and 19ZDA167. The authors bear sole responsibility for the article. All the website cited in this article were last visited on October 20, 2020. Shuo Feng & Wei Shen","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44785739","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 : 2020-11-30DOI: 10.14330/jeail.2020.13.2.02
T. S. Al-Ajmi, Ali S. Alnami
{"title":"Kuwait’s Anti-Corruption Body (Nazaha): Some Aspects from the Perspective of International Law","authors":"T. S. Al-Ajmi, Ali S. Alnami","doi":"10.14330/jeail.2020.13.2.02","DOIUrl":"https://doi.org/10.14330/jeail.2020.13.2.02","url":null,"abstract":"","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":"13 1","pages":"247-276"},"PeriodicalIF":0.2,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47824213","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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