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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
Pub Date : 2021-10-12DOI: 10.1093/chinesejil/jmab029
J. Slawotsky
1. Defending human rights and preventing international crimes, such as genocide, constitute paramount imperatives of all nations. In recent years, China has been accused of genocide in the context of her policies in Xinjiang Uyghur Autonomous Region (Xinjiang) with respect to the Uyghurs, an ethnic minority residing primarily in Xinjiang. Uyghurs have been summoned to housing centers located in Xinjiang where they are taught the Chinese language, sing patriotic songs, and educated on Chinese society. Uyghurs who have been released and reside outside of China and some who have sent messages while housed in these facilities have complained of mistreatment at these centers. Critics contend that China is committing genocide against Uyghurs at the housing centers (referred to by some as “concentration camps”) inspiring unofficial trials in the U.K. 2. China vigorously disputes that she is engaged in genocide and argues that the implementation of strict disciplinary policies in Xinjiang are necessary and legitimate responses to horrific terrorist attacks in Xinjiang, Beijing and other locations inside China by Uyghur separatists fueled by religious fanaticism. China argues that her Xinjiang policies target religious extremism and discharge a governmental obligation to defend security and public order as well as to ensure legal compliance with domestic law. China also claims that the policies’ intent is to promote the success of Uyghurs in Chinese society, which is the antithesis of genocide. 3. This essay will address a focused issue: are the claims that China is engaged in a genocide against the Uyghurs in Xinjiang legitimate or unfair? While allegations of genocide in Xinjiang are trendy and almost “PC”, lawyers have a particular
{"title":"Is China Guilty of Committing Genocide in Xinjiang?","authors":"J. Slawotsky","doi":"10.1093/chinesejil/jmab029","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab029","url":null,"abstract":"1. Defending human rights and preventing international crimes, such as genocide, constitute paramount imperatives of all nations. In recent years, China has been accused of genocide in the context of her policies in Xinjiang Uyghur Autonomous Region (Xinjiang) with respect to the Uyghurs, an ethnic minority residing primarily in Xinjiang. Uyghurs have been summoned to housing centers located in Xinjiang where they are taught the Chinese language, sing patriotic songs, and educated on Chinese society. Uyghurs who have been released and reside outside of China and some who have sent messages while housed in these facilities have complained of mistreatment at these centers. Critics contend that China is committing genocide against Uyghurs at the housing centers (referred to by some as “concentration camps”) inspiring unofficial trials in the U.K. 2. China vigorously disputes that she is engaged in genocide and argues that the implementation of strict disciplinary policies in Xinjiang are necessary and legitimate responses to horrific terrorist attacks in Xinjiang, Beijing and other locations inside China by Uyghur separatists fueled by religious fanaticism. China argues that her Xinjiang policies target religious extremism and discharge a governmental obligation to defend security and public order as well as to ensure legal compliance with domestic law. China also claims that the policies’ intent is to promote the success of Uyghurs in Chinese society, which is the antithesis of genocide. 3. This essay will address a focused issue: are the claims that China is engaged in a genocide against the Uyghurs in Xinjiang legitimate or unfair? While allegations of genocide in Xinjiang are trendy and almost “PC”, lawyers have a particular","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43466607","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 : 2021-10-08DOI: 10.1093/chinesejil/jmab025
T. Menteshashvili
{"title":"Philipp Hacker, Ioannis Lianos, Georgios Dimitropoulos, and Stefan Eich (eds.), Regulating Blockchain: Techno-Social and Legal Challenges","authors":"T. Menteshashvili","doi":"10.1093/chinesejil/jmab025","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab025","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48552361","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 : 2021-10-05DOI: 10.1093/chinesejil/jmab026
Alexander Orakhelashvili
The argument that the operation of the international legal system depends on political factors is to many a truism requiring little clarification or verification. But what does the operation of the system of positive international law do to international political processes? Even if it is politics and not law which primarily guides activities and decisions of States, how far could sheer politics get States in achieving their political goals? This paper focuses on three episodes—two historical and one current—about the political life of treaties involving high political stakes, and shows that the viability of foreign policies of States may be more dependent on the ways in which the system of positive international law works than is that system dependent on political agenda pursued by any State or group of States.
{"title":"Political Life of Treaties: Indeterminacy, Interpretation and Political Consequences","authors":"Alexander Orakhelashvili","doi":"10.1093/chinesejil/jmab026","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab026","url":null,"abstract":"\u0000 The argument that the operation of the international legal system depends on political factors is to many a truism requiring little clarification or verification. But what does the operation of the system of positive international law do to international political processes? Even if it is politics and not law which primarily guides activities and decisions of States, how far could sheer politics get States in achieving their political goals? This paper focuses on three episodes—two historical and one current—about the political life of treaties involving high political stakes, and shows that the viability of foreign policies of States may be more dependent on the ways in which the system of positive international law works than is that system dependent on political agenda pursued by any State or group of States.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46104250","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 : 2021-10-03DOI: 10.1093/chinesejil/jmab027
Jun Zhao, Yuxin Liu
{"title":"Simon Klopschinski, Christopher Gibson and Henning Grosse Ruse-Khan, The Protection of Intellectual Property Rights Under International Investment Law","authors":"Jun Zhao, Yuxin Liu","doi":"10.1093/chinesejil/jmab027","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab027","url":null,"abstract":"","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47427922","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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