Pub Date : 2023-07-01DOI: 10.1017/s2044251323000371
Tan Hsien-Li, Raul C. Pangalangan, Shirley Scott, H. Charlesworth, Chen Yifeng, B. Chimni, Eliana Cusato, T. Davenport, Hikmahanto
{"title":"AJL volume 13 issue 2 Cover and Front matter","authors":"Tan Hsien-Li, Raul C. Pangalangan, Shirley Scott, H. Charlesworth, Chen Yifeng, B. Chimni, Eliana Cusato, T. Davenport, Hikmahanto","doi":"10.1017/s2044251323000371","DOIUrl":"https://doi.org/10.1017/s2044251323000371","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45224593","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 : 2023-07-01DOI: 10.1017/s2044251323000310
W. Seneviratne
{"title":"Revisiting the Geneva Conventions: 1949–2019 edited by Md. Jahid Hossain BHUIYAN and Borhan Uddin KHAN. Leiden/Boston: Brill Nijhoff, 2020. xviii + 334 pp. Hardcover: $25.00. doi: 10.1163/9789004375543","authors":"W. Seneviratne","doi":"10.1017/s2044251323000310","DOIUrl":"https://doi.org/10.1017/s2044251323000310","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47277293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-01DOI: 10.1017/s2044251323000292
R. Mohanty
{"title":"Minorities and the Making of Postcolonial States in International Law by Mohammad SHAHABUDDIN. Cambridge Studies in International and Comparative Law Cambridge: Cambridge University Press, 2021. xxiv + 354 pp. Hardcover: AUD$ 160.95; Adobe eBook USD$88.00. doi: 10.1017/9781108678773","authors":"R. Mohanty","doi":"10.1017/s2044251323000292","DOIUrl":"https://doi.org/10.1017/s2044251323000292","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42166140","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 : 2023-07-01DOI: 10.1017/s2044251323000309
A. Banerjee
{"title":"Recognition of Foreign Bank Resolution Actions by Shuai GUO. Cheltenham, UK/Northampton, MA: Oxon: Edward Elgar Publishing, 2022. 352 pp. Hardcover: £100.00; eBook: £25.00. doi: 10.4337/9781802200560","authors":"A. Banerjee","doi":"10.1017/s2044251323000309","DOIUrl":"https://doi.org/10.1017/s2044251323000309","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47766772","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 : 2023-06-28DOI: 10.1017/S2044251323000188
Abdulmalik M. Altamimi
provide new and detailed insights into the active role played by the EU in promoting normative objectives through trade. Velluti indeed deserves appreciation for her insightful research in this fast-moving field
{"title":"Corporations, Accountability and International Criminal Law: Industry and Atrocity by Joanna KYRIAKAKIS. Cheltenham, UK/Northampton, MA: Oxon: Edward Elgar Publishing, 2021. 298 pp. Hardcover: £105.00; eBook £25.00. doi: 10.4337/9780857939500.","authors":"Abdulmalik M. Altamimi","doi":"10.1017/S2044251323000188","DOIUrl":"https://doi.org/10.1017/S2044251323000188","url":null,"abstract":"provide new and detailed insights into the active role played by the EU in promoting normative objectives through trade. Velluti indeed deserves appreciation for her insightful research in this fast-moving field","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41586880","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 : 2023-06-21DOI: 10.1017/S2044251323000218
Sakshi Tirthani
{"title":"The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations by Samantha VELLUTI. Switzerland: Springer Cham, 2020. xviii + 359 pp. Hardcover €119.99; eBook €96.29. doi: 10.1007/978-3-030-56748-4","authors":"Sakshi Tirthani","doi":"10.1017/S2044251323000218","DOIUrl":"https://doi.org/10.1017/S2044251323000218","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47127268","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 : 2023-06-21DOI: 10.1017/S2044251323000206
Lucia Leontiev
foreign aircraft in international airspace adjacent to their coasts. Stewart hints that three significant events sparked her research; namely, China’s opposition to the United States aircraft flying in international airspace in the South China Sea over its artificial islands; the Gulf states’ ban on Qatari-registered aircraft entering international airspace within their FIRs; and China’s adoption of an ADIZ with several features that resulted in pushback from other states. Chapter 4 of the book, with its focus on FIR and ADIZ, is a significant contribution since in-depth analyses on those topics are surprisingly rare. One possible criticism is that, instead of having FIR and ADIZ in the same chapter, addressing them in two separate chapters could have clarified the point. As Stewart explains, FIR has its basis in international civil aviation law (namely, the Chicago Convention of 1944), while ADIZ has no foundation in international law. The book’s biggest strength is the author’s intimate knowledge of air law and the law of the sea. Through an integrated examination of these two specialized fields of international law, she effectively presents the “ambiguity in international law in terms of where the balance sits between the rights of the coastal state and the rights of the users of the airspace in the exercise of their freedom of overflight” (p. 241). To alleviate fragmentation of the law governing the use of international airspace, she calls for closer cooperation between the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), such as by issuing joint guidance on the text of the treaty. ICAO and IMO had already done something similar when they published the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. While emphasizing that freedom of overflight is a fundamental principle in international airspace, Stewart firmly concludes that the international community must closely scrutinize the practices of coastal states as to their legitimacy under relevant international law. This book is particularly helpful in understanding relevant international laws and state practices in international airspace.
{"title":"Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea edited by Danielle IRELAND-PIPER. Cheltenham, UK/Northampton, MA: Edward Elgar Publishing, 2021. 168 pp. Hardcover: £75.00; eBook: £25.00. doi:10.4337/9781788976664","authors":"Lucia Leontiev","doi":"10.1017/S2044251323000206","DOIUrl":"https://doi.org/10.1017/S2044251323000206","url":null,"abstract":"foreign aircraft in international airspace adjacent to their coasts. Stewart hints that three significant events sparked her research; namely, China’s opposition to the United States aircraft flying in international airspace in the South China Sea over its artificial islands; the Gulf states’ ban on Qatari-registered aircraft entering international airspace within their FIRs; and China’s adoption of an ADIZ with several features that resulted in pushback from other states. Chapter 4 of the book, with its focus on FIR and ADIZ, is a significant contribution since in-depth analyses on those topics are surprisingly rare. One possible criticism is that, instead of having FIR and ADIZ in the same chapter, addressing them in two separate chapters could have clarified the point. As Stewart explains, FIR has its basis in international civil aviation law (namely, the Chicago Convention of 1944), while ADIZ has no foundation in international law. The book’s biggest strength is the author’s intimate knowledge of air law and the law of the sea. Through an integrated examination of these two specialized fields of international law, she effectively presents the “ambiguity in international law in terms of where the balance sits between the rights of the coastal state and the rights of the users of the airspace in the exercise of their freedom of overflight” (p. 241). To alleviate fragmentation of the law governing the use of international airspace, she calls for closer cooperation between the International Civil Aviation Organization (ICAO) and the International Maritime Organization (IMO), such as by issuing joint guidance on the text of the treaty. ICAO and IMO had already done something similar when they published the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual. While emphasizing that freedom of overflight is a fundamental principle in international airspace, Stewart firmly concludes that the international community must closely scrutinize the practices of coastal states as to their legitimacy under relevant international law. This book is particularly helpful in understanding relevant international laws and state practices in international airspace.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47728351","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 : 2023-06-21DOI: 10.1017/s204425132300022x
Sudhir Verma, Saniya Khanna
methodology
方法
{"title":"Competition Laws, National Interests and International Relations by Ko UNOKI. Abingdon, Oxfordshire: Routledge, 2021. 144 pp. Hardcover: AUS$252.00; Softcover: AUS$77.99; VitalSource eBook: AUS$63.89. doi: unknown","authors":"Sudhir Verma, Saniya Khanna","doi":"10.1017/s204425132300022x","DOIUrl":"https://doi.org/10.1017/s204425132300022x","url":null,"abstract":"methodology","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46743584","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 : 2023-06-16DOI: 10.1017/s2044251323000176
M. Mclaughlin
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political economy of CPEC investments refuses to utilize hard law mechanisms. Given this context, mediation may be a viable alternative. These circumstances accelerate the trend towards “de-legalization”, which is often cited as an inevitable consequence of the emerging “geoeconomic order” but suggests that reasons other than national security are the cause.
{"title":"The Geoeconomics of Belt and Road Disputes: A Case Study on the China-Pakistan Economic Corridor","authors":"M. Mclaughlin","doi":"10.1017/s2044251323000176","DOIUrl":"https://doi.org/10.1017/s2044251323000176","url":null,"abstract":"\u0000 This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political economy of CPEC investments refuses to utilize hard law mechanisms. Given this context, mediation may be a viable alternative. These circumstances accelerate the trend towards “de-legalization”, which is often cited as an inevitable consequence of the emerging “geoeconomic order” but suggests that reasons other than national security are the cause.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44172458","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 : 2023-06-08DOI: 10.1017/s2044251323000164
Eka an Aqimuddin
While reading Sovereignty and the Sea: How Indonesia Became an Archipelagic State , I could not help but reflect on Butcher and Elson ’ s ability to present a detailed picture of the origins of Indonesia, where they analyze the history of Indonesia ’ s protracted diplomatic struggle to become an archipelagic state until its recognition by the international community at the United Nations Conference on the Law of the Sea in 1982. Further, they plainly describe those involved and how an archipelagic state was conceived, developed, and declared. The evolution of Indonesia ’ s “ Sea Policies ” is discussed chronologically, beginning with the colonial period (Chapter 1) and concluding with the 1982 Montego Bay negotiations (Chapter 17). The discussion is supplemented by a reflection (Chapter 18) and an epilogue (Chapter 19), which explain that Indonesia ’ s diplomatic victory of becoming an archipelagic state was not the end of the story. Instead, it forms a legal basis for advancing towards realizing the ideals articulated in the 13 December 1957 Djuanda Declaration, which signalled Indonesia ’ s intention to become an archipelagic state. This concept resulted from the convergence of brilliant concepts conceived by key Indonesian leaders. Commencing with a conversation between Chairul Saleh (Retired/Veteran Minister) and Mochtar Kusumaatmadja (Territorial Sea Committee/young international law scholar), Chairul urged Mochtar to close the Java Sea as a territorial water. This idea was raised because Indonesia ’ s territorial integrity in the post-colonial era was jeopardized by the presence of Dutch military ships that freely sailed through the Java Sea towards West Irian. Mochtar initially denied Chairul ’ s idea because it violated international law. Chairul then implied that Mochtar was not revolutionary enough and, if this former mindset had prevailed during the colonial period, Indonesia would not have achieved
{"title":"Sovereignty and the Sea: How Indonesia Became an Archipelagic State by G. BUTCHER John and R.E. ELSON. Singapore: National University of Singapore Press, 2017. xxvi + 560 pp. Hardcover: SG$58.00; Softcover: SG$45.00.","authors":"Eka an Aqimuddin","doi":"10.1017/s2044251323000164","DOIUrl":"https://doi.org/10.1017/s2044251323000164","url":null,"abstract":"While reading Sovereignty and the Sea: How Indonesia Became an Archipelagic State , I could not help but reflect on Butcher and Elson ’ s ability to present a detailed picture of the origins of Indonesia, where they analyze the history of Indonesia ’ s protracted diplomatic struggle to become an archipelagic state until its recognition by the international community at the United Nations Conference on the Law of the Sea in 1982. Further, they plainly describe those involved and how an archipelagic state was conceived, developed, and declared. The evolution of Indonesia ’ s “ Sea Policies ” is discussed chronologically, beginning with the colonial period (Chapter 1) and concluding with the 1982 Montego Bay negotiations (Chapter 17). The discussion is supplemented by a reflection (Chapter 18) and an epilogue (Chapter 19), which explain that Indonesia ’ s diplomatic victory of becoming an archipelagic state was not the end of the story. Instead, it forms a legal basis for advancing towards realizing the ideals articulated in the 13 December 1957 Djuanda Declaration, which signalled Indonesia ’ s intention to become an archipelagic state. This concept resulted from the convergence of brilliant concepts conceived by key Indonesian leaders. Commencing with a conversation between Chairul Saleh (Retired/Veteran Minister) and Mochtar Kusumaatmadja (Territorial Sea Committee/young international law scholar), Chairul urged Mochtar to close the Java Sea as a territorial water. This idea was raised because Indonesia ’ s territorial integrity in the post-colonial era was jeopardized by the presence of Dutch military ships that freely sailed through the Java Sea towards West Irian. Mochtar initially denied Chairul ’ s idea because it violated international law. Chairul then implied that Mochtar was not revolutionary enough and, if this former mindset had prevailed during the colonial period, Indonesia would not have achieved","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42990489","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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