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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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}
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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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":" ","pages":""},"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}
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