Pub Date : 2024-09-15DOI: 10.1093/chinesejil/jmae025
Barbara Stępień
New technological development in autonomous and unmanned vessels challenges the international legal framework prevailing at sea. Currently, the regulations applicable to international shipping constitute regulatory barriers preventing their operation on a worldwide scale. Hence, the International Maritime Organization (IMO), responsible for international shipping, has been working to accommodate these new types of vessels within the existing legal instruments. This paper traces the IMO’s steps to establish a new regulatory framework for them.
{"title":"Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping","authors":"Barbara Stępień","doi":"10.1093/chinesejil/jmae025","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae025","url":null,"abstract":"New technological development in autonomous and unmanned vessels challenges the international legal framework prevailing at sea. Currently, the regulations applicable to international shipping constitute regulatory barriers preventing their operation on a worldwide scale. Hence, the International Maritime Organization (IMO), responsible for international shipping, has been working to accommodate these new types of vessels within the existing legal instruments. This paper traces the IMO’s steps to establish a new regulatory framework for them.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142266226","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-07-08DOI: 10.1093/chinesejil/jmae022
In A.S. and others v. Italy, the question of the jurisdiction of a State party under Article 2(1) of the ICCPR is formulated as “whether the alleged victims could be considered to have been within the power or effective control of the State party”. Per HRC’s earlier views, one form of “within the power or effective control” of a State party may be identified by the impact on the enjoyment of rights caused by a State party’s action. This can be considered as the “functional impact model”. Apparently this is what the HRC applied in this case. But a State party’s inaction cannot cause any impact unless it owes prior positive obligations towards the allegedly impacted person. As the applicable instruments allow considerable discretion to a State party to decide whether to rescue the persons in distress at sea, Italy’s “obligations” to rescue and to cooperate do not necessarily trigger Italy’s positive obligations towards the relevant persons. Taking Italy’s jurisdiction as a consequence of the causal link between the sinking of the vessel and the resulting sufferings (and deaths in some cases) of the persons on the vessel and Italy’s decisions (inaction) is the result of an expansive and improper application of the special approach adopted in other cases. To be non-arbitrary, one may find that affected persons are “within the power or effective control” of a State party: (1) where harm is caused by affirmative acts of a State party, the impact can be deemed as a manifestation that the person impacted is “within the power or effective control” of the State party; or (2) where harm is caused by an omission of a State party, there must be a prior specific legal relationship between the allegedly impacted person and the State party.
{"title":"Jurisdiction of a State Party under Article 2(1) of the ICCPR: A Comment on A.S. and Others v. Italy","authors":"","doi":"10.1093/chinesejil/jmae022","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae022","url":null,"abstract":"In A.S. and others v. Italy, the question of the jurisdiction of a State party under Article 2(1) of the ICCPR is formulated as “whether the alleged victims could be considered to have been within the power or effective control of the State party”. Per HRC’s earlier views, one form of “within the power or effective control” of a State party may be identified by the impact on the enjoyment of rights caused by a State party’s action. This can be considered as the “functional impact model”. Apparently this is what the HRC applied in this case. But a State party’s inaction cannot cause any impact unless it owes prior positive obligations towards the allegedly impacted person. As the applicable instruments allow considerable discretion to a State party to decide whether to rescue the persons in distress at sea, Italy’s “obligations” to rescue and to cooperate do not necessarily trigger Italy’s positive obligations towards the relevant persons. Taking Italy’s jurisdiction as a consequence of the causal link between the sinking of the vessel and the resulting sufferings (and deaths in some cases) of the persons on the vessel and Italy’s decisions (inaction) is the result of an expansive and improper application of the special approach adopted in other cases. To be non-arbitrary, one may find that affected persons are “within the power or effective control” of a State party: (1) where harm is caused by affirmative acts of a State party, the impact can be deemed as a manifestation that the person impacted is “within the power or effective control” of the State party; or (2) where harm is caused by an omission of a State party, there must be a prior specific legal relationship between the allegedly impacted person and the State party.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141573206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-06-28DOI: 10.1093/chinesejil/jmae019
Xinjun Zhang, Xidi Chen
In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court’s aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention.
{"title":"The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States?","authors":"Xinjun Zhang, Xidi Chen","doi":"10.1093/chinesejil/jmae019","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae019","url":null,"abstract":"In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court’s aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141509144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.1093/chinesejil/jmae012
Daniele Musmeci
{"title":"The UN Security Council Adopts a Targeted Sanctions Regime to Tackle Gang-related Violence and Arms Trafficking in Haiti","authors":"Daniele Musmeci","doi":"10.1093/chinesejil/jmae012","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae012","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140225661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.1093/chinesejil/jmae010
{"title":"ILC Draft Conclusions on General Principles of Law Through the Lens of Air and Space Law Practices","authors":"","doi":"10.1093/chinesejil/jmae010","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae010","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140224153","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.1093/chinesejil/jmae013
Xiao Mao
{"title":"Comments on the Text of the Draft Conclusions on General Principles of Law Adopted by the ILC on First Reading","authors":"Xiao Mao","doi":"10.1093/chinesejil/jmae013","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae013","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140225391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-12DOI: 10.1093/chinesejil/jmae009
Kaijun Pan
{"title":"General Principles of Law as a Basis for Procedural Rules of International Organizations","authors":"Kaijun Pan","doi":"10.1093/chinesejil/jmae009","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae009","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140249873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-06DOI: 10.1093/chinesejil/jmae005
Thanapat Chatinakrob
Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty, cyber-attacks on critical infrastructure, and the emergence of cyberspace sovereignty. Cyber-attacks targeting key infrastructure can undermine sovereignty by aiding another State’s territorial control. The enforcement of cyberspace legislation, whether regional or intra-State, can infringe upon other States’ sovereignty due to cross-border repercussions. Despite the presence of numerous international and regional regulations, enforcement remains lacking. The concept of cyberspace sovereignty has arisen with technological advancements, signifying a need for digital realm sovereignty. Yet, this form of sovereignty is narrower compared to territorial sovereignty. This article delves into the nexus between international law, State sovereignty, and ICT threats, along with the progression of cyberspace sovereignty. Through qualitative analysis of primary and secondary sources, it examines the application of existing international law in the digital landscape. By scrutinizing these intricacies, the paper endeavors to comprehend the contemporary challenges posed to international law and explore potential resolutions.
{"title":"Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty","authors":"Thanapat Chatinakrob","doi":"10.1093/chinesejil/jmae005","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae005","url":null,"abstract":"Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty, cyber-attacks on critical infrastructure, and the emergence of cyberspace sovereignty. Cyber-attacks targeting key infrastructure can undermine sovereignty by aiding another State’s territorial control. The enforcement of cyberspace legislation, whether regional or intra-State, can infringe upon other States’ sovereignty due to cross-border repercussions. Despite the presence of numerous international and regional regulations, enforcement remains lacking. The concept of cyberspace sovereignty has arisen with technological advancements, signifying a need for digital realm sovereignty. Yet, this form of sovereignty is narrower compared to territorial sovereignty. This article delves into the nexus between international law, State sovereignty, and ICT threats, along with the progression of cyberspace sovereignty. Through qualitative analysis of primary and secondary sources, it examines the application of existing international law in the digital landscape. By scrutinizing these intricacies, the paper endeavors to comprehend the contemporary challenges posed to international law and explore potential resolutions.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140075972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-01DOI: 10.1093/chinesejil/jmae008
Mohd Imran
{"title":"Book Review of Surya P. Subedi (ed.), Unilateral Sanctions in International Law","authors":"Mohd Imran","doi":"10.1093/chinesejil/jmae008","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae008","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140091837","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-01DOI: 10.1093/chinesejil/jmae006
Ka Lok Yip
While military alliances have always been an important subject of research in international relations, relatively little study has been conducted on them in international law. Even though military alliances have been featured in the wider discussions on regional orders under international law, little systematic effort has been made to assess the extent to which various actions that are routine for or structured into the design and operation of military alliances are compatible with international law. This article aims to fill this gap by examining the implications of certain activities of military alliances under three areas of international law and is divided into three substantive sections. The first section examines how activities such as military exercises, force concentration and coercive demands, when undertaken by a military alliance, could heighten the risk of their violation of the prohibition of the threat of force under the UN Charter. The second section examines how certain standing arrangements of military alliances pre-dispose them to intervene in civil strife in allies or potential allies in potential violation of the norm against intervention in the domestic affairs of another State. The third section examines how, despite their often-explicit deference to the UN Charter, military alliances operate in tension with the collective security architecture of the UN and suggests ways to harmonise them. The article concludes that the sovereign rights of States to form military alliances do not create a carte blanche for military alliances to operate freely from any restraint of international law and calls for a more proactive approach to maintaining international peace and security in view of the complex nature of certain activities of military alliances under international law.
{"title":"Military Alliances under International Law","authors":"Ka Lok Yip","doi":"10.1093/chinesejil/jmae006","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae006","url":null,"abstract":"While military alliances have always been an important subject of research in international relations, relatively little study has been conducted on them in international law. Even though military alliances have been featured in the wider discussions on regional orders under international law, little systematic effort has been made to assess the extent to which various actions that are routine for or structured into the design and operation of military alliances are compatible with international law. This article aims to fill this gap by examining the implications of certain activities of military alliances under three areas of international law and is divided into three substantive sections. The first section examines how activities such as military exercises, force concentration and coercive demands, when undertaken by a military alliance, could heighten the risk of their violation of the prohibition of the threat of force under the UN Charter. The second section examines how certain standing arrangements of military alliances pre-dispose them to intervene in civil strife in allies or potential allies in potential violation of the norm against intervention in the domestic affairs of another State. The third section examines how, despite their often-explicit deference to the UN Charter, military alliances operate in tension with the collective security architecture of the UN and suggests ways to harmonise them. The article concludes that the sovereign rights of States to form military alliances do not create a carte blanche for military alliances to operate freely from any restraint of international law and calls for a more proactive approach to maintaining international peace and security in view of the complex nature of certain activities of military alliances under international law.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140019001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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