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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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}
Pub Date : 2021-06-14DOI: 10.1093/CHINESEJIL/JMAB005
Jaemin Lee
Recent trade agreements contain new norms on SOEs which set forth detailed provisions to regulate a wide range of activities of contracting parties’ governments and their SOEs. Given the increasing global attention to the operation of SOEs in international trade and investment, and their significant influence, the new norms provide important legal guidance and a useful platform for future discussions in this area. These new norms include: restriction of governmental support for SOEs, restriction of SOEs’ support for other SOEs, and prevention of anti-competitive activities of SOEs, among others. While arguably offering a first stride in the right direction, the new norms also include critical ambiguities and uncertainties as regards key concepts and principles, which could potentially render full implementation of the norms elusive and complex. In particular, these new norms contain provisions that could lead to significant circumvention due to its critical “ASCM-minus” approach. This loophole is arguably capable of undermining the basic objectives of the new SOE norms. This approach should be reconsidered in future formulation of SOE norms in trade agreements including a prospective new agreement on this issue at the WTO.
{"title":"The “Indirect Support” Loophole in the New SOE Norms: An Intentional Choice or Inadvertent Mistake?","authors":"Jaemin Lee","doi":"10.1093/CHINESEJIL/JMAB005","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB005","url":null,"abstract":"\u0000 Recent trade agreements contain new norms on SOEs which set forth detailed provisions to regulate a wide range of activities of contracting parties’ governments and their SOEs. Given the increasing global attention to the operation of SOEs in international trade and investment, and their significant influence, the new norms provide important legal guidance and a useful platform for future discussions in this area. These new norms include: restriction of governmental support for SOEs, restriction of SOEs’ support for other SOEs, and prevention of anti-competitive activities of SOEs, among others. While arguably offering a first stride in the right direction, the new norms also include critical ambiguities and uncertainties as regards key concepts and principles, which could potentially render full implementation of the norms elusive and complex. In particular, these new norms contain provisions that could lead to significant circumvention due to its critical “ASCM-minus” approach. This loophole is arguably capable of undermining the basic objectives of the new SOE norms. This approach should be reconsidered in future formulation of SOE norms in trade agreements including a prospective new agreement on this issue at the WTO.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47153216","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 : 2021-06-13DOI: 10.1093/CHINESEJIL/JMAB009
Wenliang Zhang, G. Tu
The year 2019 saw the arrival of the Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement, which is not a coincidence. Both instruments mark a historical culmination and constitute a milestone, at the global level and the at the level of territorial units within a country respectively. With novelties created to avoid the failures shadowing the past Hague Judgments Project, the 2019 Convention reflects the global trend and maximizes the common grounds countries could agree to, though it still falls short of some longstanding expectations. Similarly, the 2019 Arrangement advances judgment circulation between territorial units within China despite that room for further collaboration is still large. In significant respects, the 2019 Arrangement is heavily modelled on the 2019 Convention, while the Arrangement also addresses special concerns of the two regions. Undeniably, it may be another success for the Convention to be able to influence judgments recognition instruments targeting territorial units within a country and show its model effect. Recent years have witnessed Mainland China’s efforts to promote transboundary movement of judgments and its contribution to the arrival of both the 2019 Convention and Arrangement. As an important global player with increasing ambition of claiming more international presence, China will welcome both instruments and the instruments are expected to fare well as desired.
{"title":"The Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement: Comparison and Prospects for Implementation","authors":"Wenliang Zhang, G. Tu","doi":"10.1093/CHINESEJIL/JMAB009","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB009","url":null,"abstract":"\u0000 The year 2019 saw the arrival of the Hague Judgments Convention and Mainland China-Hong Kong SAR Judgments Arrangement, which is not a coincidence. Both instruments mark a historical culmination and constitute a milestone, at the global level and the at the level of territorial units within a country respectively. With novelties created to avoid the failures shadowing the past Hague Judgments Project, the 2019 Convention reflects the global trend and maximizes the common grounds countries could agree to, though it still falls short of some longstanding expectations. Similarly, the 2019 Arrangement advances judgment circulation between territorial units within China despite that room for further collaboration is still large. In significant respects, the 2019 Arrangement is heavily modelled on the 2019 Convention, while the Arrangement also addresses special concerns of the two regions. Undeniably, it may be another success for the Convention to be able to influence judgments recognition instruments targeting territorial units within a country and show its model effect. Recent years have witnessed Mainland China’s efforts to promote transboundary movement of judgments and its contribution to the arrival of both the 2019 Convention and Arrangement. As an important global player with increasing ambition of claiming more international presence, China will welcome both instruments and the instruments are expected to fare well as desired.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45436215","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 : 2021-06-01DOI: 10.1093/chinesejil/jmab015
Z. Yangjun
{"title":"The Expropriation Exception in the US Foreign Sovereign Immunities Act: Federal Republic of Germany et al. v. Philipp et al.","authors":"Z. Yangjun","doi":"10.1093/chinesejil/jmab015","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab015","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46213509","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 : 2021-05-13DOI: 10.1093/CHINESEJIL/JMAB007
J. Slawotsky
The historical narrative of the national security exception in trade and investment has long been understood from the perspective of measures to defend the nation from military attack or territorial invasion. The cornerstone of the existing global governance model encourages non-discriminatory trade and vigorous cross-border investment, thus the security exception in international economic agreements was envisioned as a “last-resort” allowing a nation to override international economic obligations only if necessary and invoked in good-faith to protect essential security. However, in a world of emergent technology, with potentially devastating future effects, theorizing national security is more difficult and complex. Moreover, the two primary global powers are locked in a hegemonic struggle. The United States has in recent years aggressively resorted to national security to justify investment and trade policies against China. The foundational basis for doing so is a new conceptualization of national security constituting a fusion of interests encompassing the ideological, technological and economic. This re-conceptualization radically re-defines the understanding of national security. Taken to its logical conclusion, the new conceptualization of security risks an unfettered broadening of the exception, driving a transformative re-alignment in the global international economic architecture.
{"title":"The Fusion of Ideology, Technology and Economic Power: Implications of the Emerging New United States National Security Conceptualization","authors":"J. Slawotsky","doi":"10.1093/CHINESEJIL/JMAB007","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB007","url":null,"abstract":"\u0000 The historical narrative of the national security exception in trade and investment has long been understood from the perspective of measures to defend the nation from military attack or territorial invasion. The cornerstone of the existing global governance model encourages non-discriminatory trade and vigorous cross-border investment, thus the security exception in international economic agreements was envisioned as a “last-resort” allowing a nation to override international economic obligations only if necessary and invoked in good-faith to protect essential security. However, in a world of emergent technology, with potentially devastating future effects, theorizing national security is more difficult and complex. Moreover, the two primary global powers are locked in a hegemonic struggle. The United States has in recent years aggressively resorted to national security to justify investment and trade policies against China. The foundational basis for doing so is a new conceptualization of national security constituting a fusion of interests encompassing the ideological, technological and economic. This re-conceptualization radically re-defines the understanding of national security. Taken to its logical conclusion, the new conceptualization of security risks an unfettered broadening of the exception, driving a transformative re-alignment in the global international economic architecture.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48964156","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 : 2021-03-13DOI: 10.1093/CHINESEJIL/JMAB004
Wang Xiaoxu, Chang Yen-Chiang
{"title":"Harold Hongju Koh, The Trump Administration and International Law","authors":"Wang Xiaoxu, Chang Yen-Chiang","doi":"10.1093/CHINESEJIL/JMAB004","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB004","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48240651","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 : 2021-03-12DOI: 10.1093/CHINESEJIL/JMAB003
L. Chenhong
{"title":"Øystein Jensen (ed.), The Development of the Law of the Sea Convention: The Role of International Courts and Tribunals","authors":"L. Chenhong","doi":"10.1093/CHINESEJIL/JMAB003","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB003","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/CHINESEJIL/JMAB003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47733168","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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