Pub Date : 2022-01-01DOI: 10.1093/chinesejil/jmac009
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac009","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac009","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710658","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac012
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac012","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac012","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710714","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac007
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac007","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac007","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710635","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac004
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac004","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac004","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710557","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac006
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac006","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac006","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"87 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710607","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac005
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac005","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac005","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710567","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 : 2022-01-01DOI: 10.1093/chinesejil/jmac011
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/chinesejil/jmac011","DOIUrl":"https://doi.org/10.1093/chinesejil/jmac011","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"97 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60710703","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 : 2021-10-25DOI: 10.1093/chinesejil/jmab033
SONG Yan
Acquiescence usually takes the form of silence or absence of protest in circumstances that reasonably call for objections. This notion has been frequently invoked by States in territorial cases, especially recent island disputes. Based on the latest international jurisprudence, this article will study whether, and to what extent, the special case of island disputes would affect international courts’ consideration of acquiescence. As suggested by this study, international jurisprudence has set a high threshold for proof regarding the elements of acquiescence. Nevertheless, acquiescence seldom constitutes a sole and independent legal title for the settlements of island disputes, but as an important element for the establishment of a historic title, treaty interpretation and the application of effectivités. In addition, it is of more frequent occurrence that international courts contemplate the possibility of transferring a title to an island based on the notion of acquiescence, but the conditions for the transfer of title are strictly defined.
{"title":"Acquiescence and Its Role in the Settlement of Island Disputes: “Silence May also Speak”, But to What Extent?","authors":"SONG Yan","doi":"10.1093/chinesejil/jmab033","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab033","url":null,"abstract":"Acquiescence usually takes the form of silence or absence of protest in circumstances that reasonably call for objections. This notion has been frequently invoked by States in territorial cases, especially recent island disputes. Based on the latest international jurisprudence, this article will study whether, and to what extent, the special case of island disputes would affect international courts’ consideration of acquiescence. As suggested by this study, international jurisprudence has set a high threshold for proof regarding the elements of acquiescence. Nevertheless, acquiescence seldom constitutes a sole and independent legal title for the settlements of island disputes, but as an important element for the establishment of a historic title, treaty interpretation and the application of effectivités. In addition, it is of more frequent occurrence that international courts contemplate the possibility of transferring a title to an island based on the notion of acquiescence, but the conditions for the transfer of title are strictly defined.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"155 5","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510262","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 : 2021-10-20DOI: 10.1093/CHINESEJIL/JMAB024
Wei Xiao-meng
!e question whether the Western approach to international law dominates in the "eld of public intentional law is a very current issue. One of the attempts of tackling this problem can be found in the recent Anthea Roberts’ book entitled Is International Law International?,13in which the author concludes that international law is not international to the extent we believe it to be. Even though Roberts’ work is comprehensive, the only non-Western countries covered are China and Russia. None of MENA states are taken into account. !erefore, the reviewed monograph by Emilia Justyna Powell has been much anticipated and needed work that "lls an important gap in the international law scholarship. Reading Islamic Law and International Law is to immerse oneself in a private quest of the author who very much often uses the pronoun “I” when writing about what will be put forward before a reader. !is might be a little disconcerting as one is not used to such personal endeavors in the legal scholarship. It might also be regarded as a deviation from objectivity, which is inherent to the legal scholarship. It redirects the attention of a reader towards the author instead of the work that she had undertaken. Fortunately, once a reader gets accustomed to such form of a narrative, the focus is redirected to the research presented. Furthermore, the title of the book suggests much narrower scope, which might discourage some of the readers interested in a broader interaction of Islamic law and international law from picking up the position. While the monograph is devoted to dispute resolution, it also covers more general issues. In addition, Powell also includes a comparative study of non-Islamic states and their behavior when engaged in international disputes. !e book itself has a clear and concise structure. It is divided into eight chapters, including introduction and conclusions. !e introduction starts with setting the scene by way of assessing the importance of understanding Islamic law in the context of
{"title":"Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes","authors":"Wei Xiao-meng","doi":"10.1093/CHINESEJIL/JMAB024","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB024","url":null,"abstract":"!e question whether the Western approach to international law dominates in the \"eld of public intentional law is a very current issue. One of the attempts of tackling this problem can be found in the recent Anthea Roberts’ book entitled Is International Law International?,13in which the author concludes that international law is not international to the extent we believe it to be. Even though Roberts’ work is comprehensive, the only non-Western countries covered are China and Russia. None of MENA states are taken into account. !erefore, the reviewed monograph by Emilia Justyna Powell has been much anticipated and needed work that \"lls an important gap in the international law scholarship. Reading Islamic Law and International Law is to immerse oneself in a private quest of the author who very much often uses the pronoun “I” when writing about what will be put forward before a reader. !is might be a little disconcerting as one is not used to such personal endeavors in the legal scholarship. It might also be regarded as a deviation from objectivity, which is inherent to the legal scholarship. It redirects the attention of a reader towards the author instead of the work that she had undertaken. Fortunately, once a reader gets accustomed to such form of a narrative, the focus is redirected to the research presented. Furthermore, the title of the book suggests much narrower scope, which might discourage some of the readers interested in a broader interaction of Islamic law and international law from picking up the position. While the monograph is devoted to dispute resolution, it also covers more general issues. In addition, Powell also includes a comparative study of non-Islamic states and their behavior when engaged in international disputes. !e book itself has a clear and concise structure. It is divided into eight chapters, including introduction and conclusions. !e introduction starts with setting the scene by way of assessing the importance of understanding Islamic law in the context of","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47423647","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 : 2021-10-16DOI: 10.1093/chinesejil/jmab030
Tom Ruys
Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly politicized and mediatized cases involving figures such as Julian Assange or Jamal Khashoggi. An alluring prospect to some; lex horrenda for others? The present paper tackles two questions that arise in this context. First, are such proceedings subject to the same admissibility requirements as applicable to the exercise of diplomatic protection (as the ILC has suggested in the past)? Second, is or should public interest litigation be limited to serious and widespread breaches, to the exclusion of more “isolated” ones? With regard to the first question, it is argued that the duty to exhaust local remedies applies mutatis mutandis to public interest litigation, but that the nationality requirement does not. As to the second question, the analysis concludes that a negative answer is in order.
{"title":"Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal?","authors":"Tom Ruys","doi":"10.1093/chinesejil/jmab030","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab030","url":null,"abstract":"Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly politicized and mediatized cases involving figures such as Julian Assange or Jamal Khashoggi. An alluring prospect to some; lex horrenda for others? The present paper tackles two questions that arise in this context. First, are such proceedings subject to the same admissibility requirements as applicable to the exercise of diplomatic protection (as the ILC has suggested in the past)? Second, is or should public interest litigation be limited to serious and widespread breaches, to the exclusion of more “isolated” ones? With regard to the first question, it is argued that the duty to exhaust local remedies applies mutatis mutandis to public interest litigation, but that the nationality requirement does not. As to the second question, the analysis concludes that a negative answer is in order.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":"218 2","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510246","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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