Pub Date : 2023-08-10DOI: 10.1093/chinesejil/jmad026
Chengming Yang
{"title":"Book Review of LI Yongsheng, Lun Shouhaiguo Yiwaide Guojia Caiqu Fancuoshi Wenti [On Countermeasures Taken by a State Other Than an Injured State]","authors":"Chengming Yang","doi":"10.1093/chinesejil/jmad026","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad026","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43880022","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 : 2023-07-27DOI: 10.1093/chinesejil/jmad025
At the early stage of humankind’s Space Age, the former Union of Soviet Socialist Republics and the United States of America showed an inclination to non-militarize outer space, but distrust also prompted them to carry out a series of high-altitude nuclear tests. In the end, while the non-militarization aspiration materialized on celestial bodies, in the outer void space between them only Weapons of Mass Destruction were prohibited. The last few decades have witnessed the incremental militarization of the Earth orbits. The initial phase of militarization, primarily for surveillance and early warning, was conducive to international peace and security. It is in the next phase, when space systems were integrated into warfighting capabilities and Ballistic Missile Defense systems, that outer space embarked on its reduction into a domain of conflicts. This trend was subtle in the immediate aftermath of the Cold War, and didn’t become clear until the new millennium when new space powers emerged. Today, space-based weapons and terrestrial Anti-Satellite Weapons (ASATs) form the primary security concerns for space powers, depending on their relative space capability. The disparity is difficult to reconcile, putting space arms control literally on a halt. As States with counter-space capability are also highly reliant on space, there is a growing voluntary moratorium against the test and use of debris-generating ASATs and conflicts in space are likely to take an electronic and/or cyber form. The recent rise of the strategy of “deterrence and superiority” in space, however, may distract from the formation of this voluntary moratorium, aggravate an arms race in outer space, and even increase the risk of a full-scale conflict in space.
{"title":"Outer Space: From Sanctuary to Warfighting Domain?","authors":"","doi":"10.1093/chinesejil/jmad025","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad025","url":null,"abstract":"\u0000 At the early stage of humankind’s Space Age, the former Union of Soviet Socialist Republics and the United States of America showed an inclination to non-militarize outer space, but distrust also prompted them to carry out a series of high-altitude nuclear tests. In the end, while the non-militarization aspiration materialized on celestial bodies, in the outer void space between them only Weapons of Mass Destruction were prohibited. The last few decades have witnessed the incremental militarization of the Earth orbits. The initial phase of militarization, primarily for surveillance and early warning, was conducive to international peace and security. It is in the next phase, when space systems were integrated into warfighting capabilities and Ballistic Missile Defense systems, that outer space embarked on its reduction into a domain of conflicts. This trend was subtle in the immediate aftermath of the Cold War, and didn’t become clear until the new millennium when new space powers emerged. Today, space-based weapons and terrestrial Anti-Satellite Weapons (ASATs) form the primary security concerns for space powers, depending on their relative space capability. The disparity is difficult to reconcile, putting space arms control literally on a halt. As States with counter-space capability are also highly reliant on space, there is a growing voluntary moratorium against the test and use of debris-generating ASATs and conflicts in space are likely to take an electronic and/or cyber form. The recent rise of the strategy of “deterrence and superiority” in space, however, may distract from the formation of this voluntary moratorium, aggravate an arms race in outer space, and even increase the risk of a full-scale conflict in space.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46427233","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 : 2023-07-13DOI: 10.1093/chinesejil/jmad024
M. Lemos
On 1 November 2021, the Appeals Chamber of the ICC upheld the notion that, depending on the type of case over which the court exercises jurisdiction, it must use two different bodies of substantive law to evaluate whether certain conduct is criminal and, hence, whether the court has the power to prosecute and convict individuals for such conduct. This contribution argues that this bifurcation in the substantive law applicable at the ICC leads to disconcerting results, no sound normative principle supports it, and it does not correspond to the design of the creators of the court.
{"title":"The Appeals Chamber’s Jurisdictional Judgment in Abd-Al-Rahman and the Issue of Applicable Law at the International Criminal Court","authors":"M. Lemos","doi":"10.1093/chinesejil/jmad024","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad024","url":null,"abstract":"\u0000 On 1 November 2021, the Appeals Chamber of the ICC upheld the notion that, depending on the type of case over which the court exercises jurisdiction, it must use two different bodies of substantive law to evaluate whether certain conduct is criminal and, hence, whether the court has the power to prosecute and convict individuals for such conduct. This contribution argues that this bifurcation in the substantive law applicable at the ICC leads to disconcerting results, no sound normative principle supports it, and it does not correspond to the design of the creators of the court.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44893423","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 : 2023-07-07DOI: 10.1093/chinesejil/jmad021
Vijay Kishor Tiwari
{"title":"Book Review of Anne Orford, International Law and The Politics of History","authors":"Vijay Kishor Tiwari","doi":"10.1093/chinesejil/jmad021","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad021","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41321634","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 : 2023-07-06DOI: 10.1093/chinesejil/jmad022
J. Slawotsky
{"title":"Book Review of SHEN Wei, China’s Foreign Investment Law in the New Normal","authors":"J. Slawotsky","doi":"10.1093/chinesejil/jmad022","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad022","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43519742","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 : 2023-06-30DOI: 10.1093/chinesejil/jmad020
Yen-Chiang Chang
{"title":"Book Review of Stefan Talmon, The South China Sea Arbitration—Jurisdiction, Admissibility, Procedure","authors":"Yen-Chiang Chang","doi":"10.1093/chinesejil/jmad020","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad020","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44307545","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 : 2023-06-29DOI: 10.1093/chinesejil/jmad019
R. Etinski
Induced by the work of the Institute of International Law on the limits to evolutive (dynamic) interpretation of constituent instruments of international organizations, the author discusses the issues of evolutive and dynamic interpretation, limits to the interpretation, legitimacy of informal modification of constituent instruments and borderline between interpretation and informal modification. He will propose conditions under which an informal modification may be legitimate. In spite of the fact that the borderline between interpretation and informal modification cannot be precisely located, the author will refer to certain judicial indications that its location may depend on the way by which a constituent instrument responds to the disputed issue. The author will turn attention, also, to the meeting points of judicial interpretation and informal modification.
{"title":"Evolutive (Dynamic) Interpretation and Informal Modification of Constituent Instruments of International Organizations","authors":"R. Etinski","doi":"10.1093/chinesejil/jmad019","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad019","url":null,"abstract":"\u0000 Induced by the work of the Institute of International Law on the limits to evolutive (dynamic) interpretation of constituent instruments of international organizations, the author discusses the issues of evolutive and dynamic interpretation, limits to the interpretation, legitimacy of informal modification of constituent instruments and borderline between interpretation and informal modification. He will propose conditions under which an informal modification may be legitimate. In spite of the fact that the borderline between interpretation and informal modification cannot be precisely located, the author will refer to certain judicial indications that its location may depend on the way by which a constituent instrument responds to the disputed issue. The author will turn attention, also, to the meeting points of judicial interpretation and informal modification.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41399477","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 : 2023-06-01DOI: 10.1093/chinesejil/jmad023
Bradly J Condon
Abstract Climate change is a core issue for sustainable development and exacerbates inequality. However, in both the WTO and the climate regime, disagreements over differential treatment have hampered efforts to address international inequalities in a way that facilitates effective responses to global issues. Sustainable globalization requires bridging the disparities between developed and developing countries in their capacities to address such matters of global concern. However, differential treatment now functions as a distraction from the global issues it was supposed to address. Cognitive biases distort perceptions regarding the climate crisis and the value of multilateralism. To what extent can cognitive science inform decision making by States? How do we change paradigms (cognitive background assumptions), which limit the options that decision-making elites in developed and developing countries perceive as useful and worth considering? To what extent do cognitive biases and cultural cognition create a barrier to multilateral cooperation on issues of global concern?
{"title":"How Cultural Cognition Informs Differential Treatment in WTO Law and the Climate Regime","authors":"Bradly J Condon","doi":"10.1093/chinesejil/jmad023","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad023","url":null,"abstract":"Abstract Climate change is a core issue for sustainable development and exacerbates inequality. However, in both the WTO and the climate regime, disagreements over differential treatment have hampered efforts to address international inequalities in a way that facilitates effective responses to global issues. Sustainable globalization requires bridging the disparities between developed and developing countries in their capacities to address such matters of global concern. However, differential treatment now functions as a distraction from the global issues it was supposed to address. Cognitive biases distort perceptions regarding the climate crisis and the value of multilateralism. To what extent can cognitive science inform decision making by States? How do we change paradigms (cognitive background assumptions), which limit the options that decision-making elites in developed and developing countries perceive as useful and worth considering? To what extent do cognitive biases and cultural cognition create a barrier to multilateral cooperation on issues of global concern?","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135046363","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 : 2023-06-01DOI: 10.1093/chinesejil/jmad027
Tooba Khurshid
Journal Article Book Review of Longyue Zhao, Modern China and International Rules Reconstruction and Innovation Get access Book Review of Longyue Zhao, Modern China and International Rules Reconstruction and Innovation, Singapore: Springer, 2023, XXIII, 318 pp.; ISBN 978-981-19-7575-2 Tooba Khurshid Tooba Khurshid PhD candidate at KoGuan Law School, Shanghai Jiao Tong University. She is also associated with Asian Journal of Law and Society as Associate Managing Editor (tooba_gardezi@hotmail.com). Search for other works by this author on: Oxford Academic Google Scholar Chinese Journal of International Law, jmad027, https://doi.org/10.1093/chinesejil/jmad027 Published: 04 August 2023
{"title":"Book Review of Longyue Zhao, <i>Modern China and International Rules Reconstruction and Innovation</i>","authors":"Tooba Khurshid","doi":"10.1093/chinesejil/jmad027","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad027","url":null,"abstract":"Journal Article Book Review of Longyue Zhao, Modern China and International Rules Reconstruction and Innovation Get access Book Review of Longyue Zhao, Modern China and International Rules Reconstruction and Innovation, Singapore: Springer, 2023, XXIII, 318 pp.; ISBN 978-981-19-7575-2 Tooba Khurshid Tooba Khurshid PhD candidate at KoGuan Law School, Shanghai Jiao Tong University. She is also associated with Asian Journal of Law and Society as Associate Managing Editor (tooba_gardezi@hotmail.com). Search for other works by this author on: Oxford Academic Google Scholar Chinese Journal of International Law, jmad027, https://doi.org/10.1093/chinesejil/jmad027 Published: 04 August 2023","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135046171","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 : 2023-05-26DOI: 10.1093/chinesejil/jmad018
Atul Alexander
{"title":"Book Review of Victor Stoica, Remedies before the International Court of Justice: A Systemic Analysis","authors":"Atul Alexander","doi":"10.1093/chinesejil/jmad018","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad018","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43890461","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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