Pub Date : 2023-01-01DOI: 10.1017/s2044251323000085
P. Amarasinghe
{"title":"To the Uttermost Parts of the Earth: Legal Imagination and International Power 1300–1870 by KOSKENNIEMI Marti. Cambridge: Cambridge University Press, 2021. xviii + 1,124 pp. Hardcover: AUD$283:95; Soft Cover: AUD$141.95; eBook: US$99.99. doi: 10.1017/9781139019774","authors":"P. Amarasinghe","doi":"10.1017/s2044251323000085","DOIUrl":"https://doi.org/10.1017/s2044251323000085","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"194 - 195"},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47352069","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 : 2023-01-01DOI: 10.1017/s2044251322000601
Tan Hsien-Li, Raul C. Pangalangan, Shirley Scott, H. Charlesworth, Chen Yifeng, B. Chimni, Eliana Cusato, T. Davenport, Hikmahanto, Borhan Uddin Khan, LU Song, Benoit Mayer, Djamchid
{"title":"AJL volume 13 issue 1 Cover and Front matter","authors":"Tan Hsien-Li, Raul C. Pangalangan, Shirley Scott, H. Charlesworth, Chen Yifeng, B. Chimni, Eliana Cusato, T. Davenport, Hikmahanto, Borhan Uddin Khan, LU Song, Benoit Mayer, Djamchid","doi":"10.1017/s2044251322000601","DOIUrl":"https://doi.org/10.1017/s2044251322000601","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"f1 - f6"},"PeriodicalIF":0.8,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41693153","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 : 2022-12-27DOI: 10.1017/s2044251322000650
H. Rai
The centrality of colonialism in the emergence and functioning of international law has been at the forefront of “ postcolonial ” and “ third world ” interventions to the discipline. These interventions have highlighted the need to depart from international law ’ s Eurocentric underpinnings and pluralize its normative framework. However, distinct from this tradition, Colonial Wrongs and Access to International Law identifies historic “ colonial wrongs ” and highlights the urgent need to address these through available or suitably forged frameworks within existing international law. Several authors of this anthology are thus international (criminal) lawyers or scholars who focus on resolving the issue of
{"title":"Colonial Wrongs and Access to International Law edited by Morten BERGSMO, Wolfgang KALECK, and Kyaw Yin HLAING. Brussels: Torkel Opsahl Academic EPublisher, 2020, xxx + 622 pp. Hardcover: £34.76. doi: unknown.","authors":"H. Rai","doi":"10.1017/s2044251322000650","DOIUrl":"https://doi.org/10.1017/s2044251322000650","url":null,"abstract":"The centrality of colonialism in the emergence and functioning of international law has been at the forefront of “ postcolonial ” and “ third world ” interventions to the discipline. These interventions have highlighted the need to depart from international law ’ s Eurocentric underpinnings and pluralize its normative framework. However, distinct from this tradition, Colonial Wrongs and Access to International Law identifies historic “ colonial wrongs ” and highlights the urgent need to address these through available or suitably forged frameworks within existing international law. Several authors of this anthology are thus international (criminal) lawyers or scholars who focus on resolving the issue of","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"195 - 196"},"PeriodicalIF":0.8,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42624266","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 : 2022-12-27DOI: 10.1017/s2044251322000637
Arron N. Honniball
dispute settlement mechanism given its applaudable accomplishments. In advancing his proposal to preserve the WTO dispute settlement mechanism, Mavroidis assumes that the collective will of the membership is aimed at resisting populism and de-politicizing the adjudication process – the cornerstone of the WTO dispute settlement mechanism. This assumption, and his confidence, may be contestable in view of the diversity of the WTO membership, in particular in contrast to the General Agreement on Tariffs and Trade era. The capacity of the GATT regime to de-politicize trade disputes largely lies in the political and economic homogeneity of the membership, but this is not the case for the WTO. Also, as WTO rules become more intrusive and the global economy more integrated, depoliticizing trade disputes seems more challenging than ever. This need not necessarily lead to pessimism or doom, but it is the new reality we face and cannot be neglected when considering the future of the WTO dispute settlement mechanism.
{"title":"Sustainable Fisheries Management and International Law: Marine Fisheries in Bangladesh and the Bay of Bengal by Abdullah-Al ARIF. Routledge Research in International Environmental Law Series. London: Routledge, 2021. xxii + 208 pp. Hardcover/eBook: £84.00; £25.89. doi:10.4324/9781003080541.","authors":"Arron N. Honniball","doi":"10.1017/s2044251322000637","DOIUrl":"https://doi.org/10.1017/s2044251322000637","url":null,"abstract":"dispute settlement mechanism given its applaudable accomplishments. In advancing his proposal to preserve the WTO dispute settlement mechanism, Mavroidis assumes that the collective will of the membership is aimed at resisting populism and de-politicizing the adjudication process – the cornerstone of the WTO dispute settlement mechanism. This assumption, and his confidence, may be contestable in view of the diversity of the WTO membership, in particular in contrast to the General Agreement on Tariffs and Trade era. The capacity of the GATT regime to de-politicize trade disputes largely lies in the political and economic homogeneity of the membership, but this is not the case for the WTO. Also, as WTO rules become more intrusive and the global economy more integrated, depoliticizing trade disputes seems more challenging than ever. This need not necessarily lead to pessimism or doom, but it is the new reality we face and cannot be neglected when considering the future of the WTO dispute settlement mechanism.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"190 - 191"},"PeriodicalIF":0.8,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43802736","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 : 2022-12-23DOI: 10.1017/s2044251322000662
Sakshi Tirthani, Tonina Tangtanga
deals with sexual and gender-based
处理性和基于性别的问题
{"title":"Sexual and Gender Based Violence in International Law: Making International Institutions Work by H. Desai Bharat and Mandal Moumita. Singapore: Springer Nature, 2022. xvii + 283 pp. Hardcover: €99.99; eBook: €85.59. doi:10.1007/9789811908941","authors":"Sakshi Tirthani, Tonina Tangtanga","doi":"10.1017/s2044251322000662","DOIUrl":"https://doi.org/10.1017/s2044251322000662","url":null,"abstract":"deals with sexual and gender-based","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"203 - 204"},"PeriodicalIF":0.8,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42250327","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 : 2022-12-01DOI: 10.1017/S2044251322000583
Ramona Vijeyarasa
Abstract 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 diverse gender identities and sexual orientations. In this Communication, the Committee found that Sri Lanka's criminalization of consensual same-sex relations among women violates Articles 2, 5, 15, and 16 of the Convention. Importantly, the Committee makes clear that non-heterosexual relations fall within the right to marriage and family relations, enshrined in the Convention. With numerous States Parties in the region retaining criminalization, this article analyses the implications of this decision for States Parties in Asia and grapples with the question, “Is this Communication ground-breaking?” and if so, how.
{"title":"Flamer-Caldera v Sri Lanka: Asia-Wide Implications of an Essential Evolution in CEDAW's Jurisprudence","authors":"Ramona Vijeyarasa","doi":"10.1017/S2044251322000583","DOIUrl":"https://doi.org/10.1017/S2044251322000583","url":null,"abstract":"Abstract 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 diverse gender identities and sexual orientations. In this Communication, the Committee found that Sri Lanka's criminalization of consensual same-sex relations among women violates Articles 2, 5, 15, and 16 of the Convention. Importantly, the Committee makes clear that non-heterosexual relations fall within the right to marriage and family relations, enshrined in the Convention. With numerous States Parties in the region retaining criminalization, this article analyses the implications of this decision for States Parties in Asia and grapples with the question, “Is this Communication ground-breaking?” and if so, how.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"209 - 219"},"PeriodicalIF":0.8,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47093541","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 : 2022-11-21DOI: 10.1017/S2044251322000595
Cheng Bian
Abstract To foreign investors, data, either collected and processed before or after market entry in the host state, can be regarded as a part of the investment and subject to the protection of the applicable international investment agreements (IIAs). China has been developing rigorous and stringent data governance such as data localization requirements and mandatory business-to-government data sharing, and has also concluded the world's second largest IIA regime that provides sweeping investment protection. There is a risk of incompatibility between China's national data policies and its IIA obligations. Foreign investors may challenge China's national laws and practices on data governance, for alleged breaches of investor's protection obligations in Chinese IIAs, or breaches of the data residency provisions in Chinese trade and investment agreements. As a result, potential exists for such claims to be brought against China in investor-state arbitration.
{"title":"Data as Assets in Foreign Direct Investment: Is China's National Data Governance Compatible with its International Investment Agreements?","authors":"Cheng Bian","doi":"10.1017/S2044251322000595","DOIUrl":"https://doi.org/10.1017/S2044251322000595","url":null,"abstract":"Abstract To foreign investors, data, either collected and processed before or after market entry in the host state, can be regarded as a part of the investment and subject to the protection of the applicable international investment agreements (IIAs). China has been developing rigorous and stringent data governance such as data localization requirements and mandatory business-to-government data sharing, and has also concluded the world's second largest IIA regime that provides sweeping investment protection. There is a risk of incompatibility between China's national data policies and its IIA obligations. Foreign investors may challenge China's national laws and practices on data governance, for alleged breaches of investor's protection obligations in Chinese IIAs, or breaches of the data residency provisions in Chinese trade and investment agreements. As a result, potential exists for such claims to be brought against China in investor-state arbitration.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"342 - 364"},"PeriodicalIF":0.8,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43976240","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 : 2022-10-28DOI: 10.1017/S204425132200056X
Andrea Marilyn Pragashini Immanuel
Abstract 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 despite the prevalence of statelessness, there exists state practice and opinio juris in South Asia that point to an emerging customary international law obligation to avoid, reduce, or prevent statelessness.
{"title":"The Customary Obligation to Avoid, Reduce, or Prevent Statelessness in South Asia","authors":"Andrea Marilyn Pragashini Immanuel","doi":"10.1017/S204425132200056X","DOIUrl":"https://doi.org/10.1017/S204425132200056X","url":null,"abstract":"Abstract 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 despite the prevalence of statelessness, there exists state practice and opinio juris in South Asia that point to an emerging customary international law obligation to avoid, reduce, or prevent statelessness.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"244 - 272"},"PeriodicalIF":0.8,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45347766","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 : 2022-10-28DOI: 10.1017/S2044251322000571
Prabhash Ranjan, Praharsh Gour
Abstract 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 its coverage to only patents and leaving out other intellectual property rights; excluding developed countries that possess manufacturing and technological capability from being eligible exporters of COVID-19 vaccines; and its perplexing silence on the transfer of technology. It will have negligible impact on fighting the pandemic, sets an enfeebled example for the future, and is a classic case of “too little too late”.
{"title":"The TRIPS Waiver Decision at the World Trade Organization: Too Little Too Late!","authors":"Prabhash Ranjan, Praharsh Gour","doi":"10.1017/S2044251322000571","DOIUrl":"https://doi.org/10.1017/S2044251322000571","url":null,"abstract":"Abstract 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 its coverage to only patents and leaving out other intellectual property rights; excluding developed countries that possess manufacturing and technological capability from being eligible exporters of COVID-19 vaccines; and its perplexing silence on the transfer of technology. It will have negligible impact on fighting the pandemic, sets an enfeebled example for the future, and is a classic case of “too little too late”.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"10 - 21"},"PeriodicalIF":0.8,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41450938","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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