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The Oxford Handbook of International Law in Asia and the Pacific最新文献

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Pakistan 巴基斯坦
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0024
Ahmer Bilal Soofi
{"title":"Pakistan","authors":"Ahmer Bilal Soofi","doi":"10.1093/law/9780198793854.003.0024","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0024","url":null,"abstract":"This chapter evaluates international law in Pakistan. In the international arena, Pakistan was collectively recognized as a sovereign state within the community of nations by gaining membership of the United Nations. Pakistan is also a member of various other international and regional governmental organizations. Now enshrined in the country’s Constitution of 1973 are principles of policy for the state to ‘promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means’. With regards to its international law obligations, Pakistan operates as a dualist state: The Rules of Business 1973 empower the Cabinet to sign and ratify international treaties and agreements on behalf of the state, following which the Parliament is tasked with their incorporation via implementing legislation. The chapter then highlights Pakistan’s contribution to international law, through state practice or otherwise, as well as the role of international law in Pakistan’s domestic jurisprudence.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125254819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regional Organizations 区域组织
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0003
Tan Hsien-Li
{"title":"Regional Organizations","authors":"Tan Hsien-Li","doi":"10.1093/law/9780198793854.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0003","url":null,"abstract":"This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic and formalized cultures, and a preference for stricter conceptions of sovereignty. As such, their organizations are often perceived as less effective. However, the effectiveness of Asia-Pacific regional institutions should not be judged by one uniform standard. Instead they should be judged on their own definition of effectiveness. There should be a broader understanding that Asia-Pacific states consciously use and participate in their regional organizations differently than in other regions, and they may prefer less institutionalized models as these serve their purposes better and can still be successful.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131746838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
New Zealand 新西兰
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0032
K. Keith
{"title":"New Zealand","authors":"K. Keith","doi":"10.1093/law/9780198793854.003.0032","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0032","url":null,"abstract":"This concluding chapter discusses New Zealand’s interaction with international law, adopting a chronological approach which takes account of the increasing authority of New Zealand’s institutions since 1840, when British colonization began. Over this period, New Zealand has developed and diversified its international trading, political, and strategic relations with other states, and has experienced the broadening and deepening of international law which has responded to massive scientific, technical, environmental, and geopolitical developments. The chronological approach also helps to identify major changes in New Zealand’s positions on, and contributions to, international law. Also central are New Zealand’s geography and population. It was first settled by Polynesians and later populated by Europeans, mainly British, who began to arrive only 200 years ago. Now, New Zealand has a rapidly diversifying population, with increasing numbers of people relocating from the Pacific and Asia.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131317134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Central Asian States 中亚国家
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0029
M. Girshovich
{"title":"Central Asian States","authors":"M. Girshovich","doi":"10.1093/law/9780198793854.003.0029","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0029","url":null,"abstract":"This chapter describes the experiences of five Central Asian states—Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan—with international law over the past three decades, identifying some of the distinctive features of Central Asian states’ approaches towards international law. The commonalities in the stance of Central Asian states on matters of international law are determined by the context of their emergence as sovereign states at the end of the Cold War, their common history as former Soviet republics, their belonging to the Eurasian group of continental legal systems, and their common status as landlocked developing states. At the same time, each Central Asian state has its own specifics, with differences in their foreign policy priorities, levels of economic development, and resource endowment. The chapter then reviews the participation of Central Asian states in the Commonwealth of Independent States (CIS), particularly their experiences with the CIS Economic Court.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132807926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Myanmar 缅甸
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0022
Catherine Renshaw
{"title":"Myanmar","authors":"Catherine Renshaw","doi":"10.1093/law/9780198793854.003.0022","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0022","url":null,"abstract":"This chapter discusses international law in Myanmar. The efforts of the International Labour Organization (ILO) Commission of Inquiry to eradicate the use of forced labour in Myanmar, and the nature of the military regime’s response to these efforts, represent a remarkable chapter in the history of international law. Of note, first, is the determination of the ILO to test the limits of its power to enforce compliance with the resolutions of its governing body. Second, Myanmar’s engagement with the ILO clarified the vexed issue of what constitutes a peremptory norm of international law. Third, civil litigation in the United States around the issue of forced labour by transnational corporations in Myanmar uncovered the scope and potential for domestic courts to apply international law. Finally, Myanmar’s variable and often extreme responses to the Commission’s findings demonstrate the dynamics of state resistance to and engagement with international law.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133143160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
China 中国
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0012
Li Zhaojie
{"title":"China","authors":"Li Zhaojie","doi":"10.1093/law/9780198793854.003.0012","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0012","url":null,"abstract":"This chapter discusses international law in China. Although the teaching, research, and dissemination of international law have become part of China’s steady efforts to achieve its aspirations for national rejuvenation, early Chinese experience with international law still remains a key to understanding China’s present attitude towards international law. Indeed, the perennial concern with its status, security, and territorial integrity, as shaped by its historical legacies, still overshadows China’s legal behaviour in the conduct of its foreign relations. Today, with its rise to world great-power status, China is depicted as a stakeholder in the present international system. China has been playing a constructive role in international and regional issues and has made significant contributions to world peace and development. In the inquiry into China’s attitude towards international law, one area which China attempts to draw attention to is the importance of the Five Principles of Peaceful Co-existence.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129410914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
International Dispute Settlement 国际争端解决
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0011
H. Owada
{"title":"International Dispute Settlement","authors":"H. Owada","doi":"10.1093/law/9780198793854.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0011","url":null,"abstract":"This chapter studies Asian participation in international dispute settlement, revealing three thematic characteristics of the region. The first is the diversity of state practice within Asia. Intersecting this sub-regional diversity is the diversity of approaches within any given state towards different areas of concern. Thus, participation in international dispute settlement varies not only according to sub-region, but also according to the area of law. The second characteristic is that Asian states on the whole are generally quite willing to substantively engage with international dispute resolution. Finally, notwithstanding the above, the third characteristic is that there remains in Asia a cautious hesitation towards open commitments to international dispute-resolution mechanisms. The most glaring omission is that of any regional dispute settlement body. Whereas Africa, Europe, and Latin America all have regional human rights courts and sub-regional courts of different varieties, only the Central Asian states participate in any standing regional court.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130468377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Asia’s Ambivalence about International Law 亚洲对国际法的矛盾心理
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0002
S. Chesterman
{"title":"Asia’s Ambivalence about International Law","authors":"S. Chesterman","doi":"10.1093/law/9780198793854.003.0002","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0002","url":null,"abstract":"This chapter traces the broad history of Asia’s engagement with international law, focusing on three aspects that continue to have resonance today. First is the experience of colonialism by India and many other countries across the continent. Second, the unequal treaties of the nineteenth century and the failure to recognize the People’s Republic of China for much of the twentieth century encouraged a perception that international law was primarily an instrument of political power. Third, the trials that followed World War II left a legacy of suspicion that international law deals only selectively with alleged misconduct, leaving unresolved many of the larger political challenges of that conflict with ongoing ramifications today. The chapter then argues that Asian states’ ongoing ambivalence towards international law and institutions can also be attributed to the diversity of the region, power disparities among states, and the absence of ‘push’ factors driving greater integration.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131135376","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Regional Peace and Security 区域和平与安全
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0005
W. Sidhu
{"title":"Regional Peace and Security","authors":"W. Sidhu","doi":"10.1093/law/9780198793854.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0005","url":null,"abstract":"This chapter discusses the development of regional peace and security in Asia and the Pacific. Since the end of the Cold War and the resurgence of Asian economies, there has been significant movement in the establishment of peace and security institutions. Notable among them are the Association of Southeast Asian Nations (ASEAN) Regional Forum (ARF), the Shanghai Cooperation Organization (SCO), the East Asia Summit (EAS), the Quadrilateral Security Dialogue (Quad), and the Indian Ocean Rim Association (IORA). This movement was partly due to regional hegemons seeking a greater role in their neighbourhood and partly due to smaller states seeking to manage the regional hegemons. Simultaneously, China and India also began playing a crucial role in shaping the evolving norms relating to climate change, cyber security, energy security, trade, and outer space. The chapter also considers the impact of the United Nations Charter, the prohibition on the use of force, and collective security in the region.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131417083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Australia 澳大利亚
The Oxford Handbook of International Law in Asia and the Pacific Pub Date : 2019-09-04 DOI: 10.1093/law/9780198793854.003.0031
B. Saul
{"title":"Australia","authors":"B. Saul","doi":"10.1093/law/9780198793854.003.0031","DOIUrl":"https://doi.org/10.1093/law/9780198793854.003.0031","url":null,"abstract":"This chapter studies international law in Australia. As a former British colony, Australia received a Western and specifically British tradition of international law, which was initially tied to imperial interests and even the possession of its own colonies in the Pacific. While its international legal personality matured in the 1920s and 1930s, it was only after the Second World War that Australia came to exercise a genuinely independent approach to international law. A hallmark of Australian policy and practice has been a broadly bipartisan political commitment to international law and institutions and to multilateralism, albeit affected by its close alliance with the United States. As a self-described ‘middle power’, Australia views the international legal order as giving it a voice on the international plane, securing its territorial and economic interests, and reflecting the values of the Australian community. Accordingly, Australia participates actively in the various specialized branches of international law and their associated governance mechanisms and dispute resolution procedures, although it occasionally strays from full compliance with its obligations.","PeriodicalId":146103,"journal":{"name":"The Oxford Handbook of International Law in Asia and the Pacific","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122657045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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