Pub Date : 2021-10-02DOI: 10.1093/chinesejil/jmab023
Barry Sautman
Abstract Yellow Peril ideology has long cast Chinese as cruel, deceitful, incompetent disease vectors. Many US elites now tie such notions to China’s response to Covid-19. Their racialized framing of the drive to condemn and sue China however exemplifies a Chinese idiom—“big thunder, little rain” (雷声大, 雨点小)—which means noisy, yet ineffective. There are empirical obstacles to convincing the world of Chinese responsibility for the pandemic, such as that the virus spread much more from Europe and the US than from China, many Western states failed against the virus, and pandemic-related agitation against China has resulted in many anti-Asian actions. The ongoing claims are thus unlikely to be convincing beyond the Anglosphere, but still spread racism and advance a US-led anti-China mobilization.
{"title":"Big Thunder, Little Rain: The Yellow Peril Framing of the Pandemic Campaign Against China","authors":"Barry Sautman","doi":"10.1093/chinesejil/jmab023","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab023","url":null,"abstract":"Abstract Yellow Peril ideology has long cast Chinese as cruel, deceitful, incompetent disease vectors. Many US elites now tie such notions to China’s response to Covid-19. Their racialized framing of the drive to condemn and sue China however exemplifies a Chinese idiom—“big thunder, little rain” (雷声大, 雨点小)—which means noisy, yet ineffective. There are empirical obstacles to convincing the world of Chinese responsibility for the pandemic, such as that the virus spread much more from Europe and the US than from China, many Western states failed against the virus, and pandemic-related agitation against China has resulted in many anti-Asian actions. The ongoing claims are thus unlikely to be convincing beyond the Anglosphere, but still spread racism and advance a US-led anti-China mobilization.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42124793","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 : 2021-10-01DOI: 10.1093/chinesejil/jmab020
Vanda Lamm
The establishment of the WHO was a milestone in the development of international health law, not only because it has been a worldwide international organization having global competence in public health matters, but by reason of being vested with wide legislative purview and having competence to adopt conventions, agreements and regulations with binding effects. After a short survey of the development and characteristics of international health law, the article analyses the WHO’s law-making purview and the results of that law-making activity. It demonstrates that under the auspices of the organization very few binding norms were adopted. Instead, the organisation excelled in the creation of soft law norms, and even in some areas of health law the organization has showed no interest. According to this author, the WHO’s passivity in law-making of binding norms is attributable not only to the organization but to its Member States as well.
{"title":"Some Remarks on International Health Legislation and the WHO","authors":"Vanda Lamm","doi":"10.1093/chinesejil/jmab020","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab020","url":null,"abstract":"\u0000 The establishment of the WHO was a milestone in the development of international health law, not only because it has been a worldwide international organization having global competence in public health matters, but by reason of being vested with wide legislative purview and having competence to adopt conventions, agreements and regulations with binding effects. After a short survey of the development and characteristics of international health law, the article analyses the WHO’s law-making purview and the results of that law-making activity. It demonstrates that under the auspices of the organization very few binding norms were adopted. Instead, the organisation excelled in the creation of soft law norms, and even in some areas of health law the organization has showed no interest. According to this author, the WHO’s passivity in law-making of binding norms is attributable not only to the organization but to its Member States as well.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42175275","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 : 2021-08-09DOI: 10.1093/chinesejil/jmab018
Gvantsa Dzneladze
{"title":"Lei Chen and André Janssen (eds.), Dispute Resolution in China","authors":"Gvantsa Dzneladze","doi":"10.1093/chinesejil/jmab018","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab018","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48482724","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 : 2021-08-09DOI: 10.1093/chinesejil/jmab017
Chengming Yang, Chaohui Sun
{"title":"Letter to the Journal The Swiss Federal Tribunal Annulled the Arbitral Award in the SUN Yang v. WADA & FINA Case: The Applicant’s Duty of Curiosity on the Qualifications of an Arbitrator and the Neutrality of the Arbitrator","authors":"Chengming Yang, Chaohui Sun","doi":"10.1093/chinesejil/jmab017","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab017","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44677827","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 : 2021-07-27DOI: 10.1093/chinesejil/jmab014
Bartłomiej Sierzputowski
{"title":"To Cope with a Pandemic: Effects on Certain International Agreements","authors":"Bartłomiej Sierzputowski","doi":"10.1093/chinesejil/jmab014","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab014","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45629737","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 : 2021-07-27DOI: 10.1093/chinesejil/jmab013
Sufian Jusoh, I. Ramli
1. Fidler, in a recent Letter to the Journal, states that in the context of turbulent context of power and ideas, international law proved vulnerable and inadequate to support robust pandemic cooperation. Looking at the statement from the perspective of international investment law and policy framework, we tend to agree with Fidler’s assertion. 2. Our assertion is that, during and post-COVID-19 pandemic, international investment policies as reflected in the domestic policies and international investment agreements (IIAs) require a bigger role of States in the investment scene, especially in facilitating both domestic and foreign investment through a more structured and effective investment facilitation. Countries around the world need to facilitate new investments especially in the medical related products and services; and to facilitate the implementation of approved investments. Investment facilitation is also important to ensure business continuity, especially those highly impacted by the COVID-19 pandemic including logistics and air services. These two sectors of service are keys to
{"title":"The COVID-19 Pandemic, Regional Cooperation Economic Partnership (RCEP) and the Rise of Investment Facilitation","authors":"Sufian Jusoh, I. Ramli","doi":"10.1093/chinesejil/jmab013","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab013","url":null,"abstract":"1. Fidler, in a recent Letter to the Journal, states that in the context of turbulent context of power and ideas, international law proved vulnerable and inadequate to support robust pandemic cooperation. Looking at the statement from the perspective of international investment law and policy framework, we tend to agree with Fidler’s assertion. 2. Our assertion is that, during and post-COVID-19 pandemic, international investment policies as reflected in the domestic policies and international investment agreements (IIAs) require a bigger role of States in the investment scene, especially in facilitating both domestic and foreign investment through a more structured and effective investment facilitation. Countries around the world need to facilitate new investments especially in the medical related products and services; and to facilitate the implementation of approved investments. Investment facilitation is also important to ensure business continuity, especially those highly impacted by the COVID-19 pandemic including logistics and air services. These two sectors of service are keys to","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47252350","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 : 2021-07-26DOI: 10.1093/chinesejil/jmab010
Sreenivasa Rao Pemmaraju
{"title":"Emmanuel Roucounas, A Landscape of Contemporary Theories of International Law","authors":"Sreenivasa Rao Pemmaraju","doi":"10.1093/chinesejil/jmab010","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab010","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49076617","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 : 2021-07-26DOI: 10.1093/chinesejil/jmab012
David Pavot, Lolita Laperle-Forget
Out of thousands of international non-governmental organizations (INGOs), only five benefit from immunities from jurisdiction and execution: the International Committee of the Red Cross (ICRC), the International Union for Conservation of Nature (IUCN), the Global Fund to Fight AIDS, Tuberculosis, and Malaria; Gavi, the Vaccine Alliance (Gavi), and the World Anti-Doping Agency (WADA). Based on empirical research, this article argues that there is an emerging State practice in granting immunity only to INGOs that meet two cumulative criteria: a hybridity character and a mission of international interest, formally recognized in a source of international law. This article proposes a new approach based on both Functionalism and Institutionalism that addresses the specificities of INGOs and thus shows that international law provides guidance on the granting of immunities.
{"title":"The Emergence of Objective Guidelines for Granting Immunity to International Non-Governmental Organizations","authors":"David Pavot, Lolita Laperle-Forget","doi":"10.1093/chinesejil/jmab012","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab012","url":null,"abstract":"\u0000 Out of thousands of international non-governmental organizations (INGOs), only five benefit from immunities from jurisdiction and execution: the International Committee of the Red Cross (ICRC), the International Union for Conservation of Nature (IUCN), the Global Fund to Fight AIDS, Tuberculosis, and Malaria; Gavi, the Vaccine Alliance (Gavi), and the World Anti-Doping Agency (WADA). Based on empirical research, this article argues that there is an emerging State practice in granting immunity only to INGOs that meet two cumulative criteria: a hybridity character and a mission of international interest, formally recognized in a source of international law. This article proposes a new approach based on both Functionalism and Institutionalism that addresses the specificities of INGOs and thus shows that international law provides guidance on the granting of immunities.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45371386","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 : 2021-06-14DOI: 10.1093/CHINESEJIL/JMAB002
A. Vylegzhanin, E. Torkunova, S. Lobanov, Kirill V Kritskiy
{"title":"Forcible Discharge of Ukrainian President Yanukovich from Power: Complicity of the Obama Administration","authors":"A. Vylegzhanin, E. Torkunova, S. Lobanov, Kirill V Kritskiy","doi":"10.1093/CHINESEJIL/JMAB002","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB002","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43107000","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 : 2021-06-14DOI: 10.1093/CHINESEJIL/JMAB006
T. Menteshashvili
{"title":"Benedetta Cappiello and Gherardo Carullo (eds.), Blockchain, Law and Governance","authors":"T. Menteshashvili","doi":"10.1093/CHINESEJIL/JMAB006","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB006","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46280223","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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