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China and the UNCLOS: Practices and Policies 中国与《联合国海洋法公约》：实践与政策
The Chinese Journal of Global Governance Pub Date : 2019-03-15 DOI: 10.1163/23525207-12340036
Xinmin Ma
{"title":"China and the UNCLOS: Practices and Policies","authors":"Xinmin Ma","doi":"10.1163/23525207-12340036","DOIUrl":"https://doi.org/10.1163/23525207-12340036","url":null,"abstract":"\u0000The 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention) is one of the most important accomplishments in the development of international law in the twentieth century. As a comprehensive compilation of the modern law of the sea, the UNCLOS not only codifies numerous customary rules of law of the sea, but also progressively develops the treaty rules of law of the sea. Especially the three bodies established by the UNCLOS, namely the International Seabed Authority (ISA), the International Tribunal for the Law of the Sea (ITLOS) and the Commission on the Limits of the Continental Shelf (CLCS), have played an important role in facilitating the implementation of the UNCLOS and promoting stability and development of the international marine order. As a member of the big family of the States Parties to the UNCLOS, China has been faithfully fulfilling the obligations of the UNCLOS, fully engaged in the work of the three bodies and actively contributing its solutions and wisdom. In the process of implementing the UNCLOS, China has formed its own practices and policies.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340036","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42553283","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: 12
Multilateral Investment Court: The Gap Between the EU and China 多边投资法院:欧盟与中国的差距
The Chinese Journal of Global Governance Pub Date : 2018-09-07 DOI: 10.1163/23525207-12340035
Hongling Ning, Tong Qi
{"title":"Multilateral Investment Court: The Gap Between the EU and China","authors":"Hongling Ning, Tong Qi","doi":"10.1163/23525207-12340035","DOIUrl":"https://doi.org/10.1163/23525207-12340035","url":null,"abstract":"\u0000The EU has now shifted from ad hoc investment arbitration to an envisaged Multilateral Investment Court. Its essential character is expected to be a two-instance standing court system, together with a random allocation of cases. This judicialized court system could address China’s preference of correctness as to ISDS system to some extent, subject to the competence of judges, while at the same time it raises new problems and new concerns. Firstly, would the envisaged standing court, in the context of enhancing the regulatory powers of states, still be qualified as a neutral forum to strike the appropriate balance between the protection of investors’ right and preservation of states’ regulatory powers? Secondly, would the judicialized court system be effective and flexible enough to suit the current nature of ISDS? Thirdly, would the envisaged two-tier court system be put into efficient operation so as not to become a de facto bar to access of justice? In fact, a judicialized system has its pros and cons, and thus its successful establishment and operation would be subject to more detailed rules.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42474485","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
Rising China and Global Investment Governance: An Overview of Prospects and Challenges 中国崛起与全球投资治理:前景与挑战综述
The Chinese Journal of Global Governance Pub Date : 2018-09-07 DOI: 10.1163/23525207-12340034
Dilini Pathirana
{"title":"Rising China and Global Investment Governance: An Overview of Prospects and Challenges","authors":"Dilini Pathirana","doi":"10.1163/23525207-12340034","DOIUrl":"https://doi.org/10.1163/23525207-12340034","url":null,"abstract":"\u0000International investment is one of the fields of global governance that is likely to be affected by China’s rise as a global superpower in general, and its rise as a global investor in particular. It has become manifest by China’s leadership in forming of the G20 Guiding Principles for Global Investment Policymaking and in establishing the Asian Infrastructure Investment Bank, while signaling the country’s growing capacity to influence global investment governance. However, China’s aspiration to steer global investment governance is being hindered by the increased backlash against globalisation and the investment treaty regime, as well as the rapid growth of Chinese investments. At the same time that protectionist measures aimed at Chinese investments are on the rise, the Belt and Road Initiative is underway, which will increase Chinese desire to safeguard the interests of Chinese investors. Consequently, it is possible that a Beijing-based pole in global investment governance could emerge, just as reforms are underway to address the legitimacy crisis in the regime.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340034","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47889248","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: 5
The Chinese Dream, Neoliberalism, and International Legal Ideology 中国梦、新自由主义与国际法律思想
The Chinese Journal of Global Governance Pub Date : 2018-09-07 DOI: 10.1163/23525207-12340033
I. Liu
{"title":"The Chinese Dream, Neoliberalism, and International Legal Ideology","authors":"I. Liu","doi":"10.1163/23525207-12340033","DOIUrl":"https://doi.org/10.1163/23525207-12340033","url":null,"abstract":"\u0000The present study analyses a key contemporary transformation in international law: the ascent of China and the decline of the hegemony of the United States. I shall here construct a two-stage theoretical picture of China’s mission to establish a regional order with Beijing at the centre. First, I present the argument that international law is a vehicle for hegemonic ideology and practice, taking my orientation from Gramscian theories of hegemony. Second, I shall unfold the Chinese Dream—a Confucian variant of neoliberalism—and the One Belt One Road Initiative, to demonstrate that China’s evolution into a core production zone in the neoliberal world economy may be achieved through international legal structures.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340033","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44725029","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: 2
On the High-Standard Trade Rules in the 21st Century and China’s Responsive Strategy—A Classical Liberalism Perspective 论21世纪的高标准贸易规则与中国的应对策略——古典自由主义视角
The Chinese Journal of Global Governance Pub Date : 2018-04-18 DOI: 10.1163/23525207-12340030
Chuanfang Zhang
{"title":"On the High-Standard Trade Rules in the 21st Century and China’s Responsive Strategy—A Classical Liberalism Perspective","authors":"Chuanfang Zhang","doi":"10.1163/23525207-12340030","DOIUrl":"https://doi.org/10.1163/23525207-12340030","url":null,"abstract":"In the nineteenth century, classical liberalism originated from Britain. Nearly all the countries across the globe had benefited from the liberal international economic order ( LIEO ) under the Pax Britannia. However, the United States has never taken in classical liberalism. Rather, it regards international trade as a “zero sum game” and upholds “fair trade” through the international institution of WTO / GATT . From the British free trade to the U.S. fair trade, from the WTO to the fragmented PTA s, and from free trade to protectionism, classical liberalism has been gradually fading away. The higher standards on the various non-tariff issues in the TPP have reached a new altitude against classical liberalism. In face of the high-standard trade rules in the 21st century, China should not follow them recklessly but give due consideration to the status quo of its economic development when negotiating FTA s in the future.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"4 1","pages":"22-48"},"PeriodicalIF":0.0,"publicationDate":"2018-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43933880","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
European Union Internal Market Law, written by Friedl Weiss and Clemens Kaupa 《欧盟内部市场法》，作者：Friedl Weiss和Clemens Kaupa
The Chinese Journal of Global Governance Pub Date : 2018-04-18 DOI: 10.1163/23525207-12340032
Tianqi Yu
{"title":"European Union Internal Market Law, written by Friedl Weiss and Clemens Kaupa","authors":"Tianqi Yu","doi":"10.1163/23525207-12340032","DOIUrl":"https://doi.org/10.1163/23525207-12340032","url":null,"abstract":"","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"4 1","pages":"77-79"},"PeriodicalIF":0.0,"publicationDate":"2018-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340032","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44228830","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
A Critique of Immunity for Multilateral Development Banks in National Courts 对多边开发银行在国家法院豁免权的批判
The Chinese Journal of Global Governance Pub Date : 2018-04-18 DOI: 10.1163/23525207-12340031
Chengjin Xu, B. Gu
{"title":"A Critique of Immunity for Multilateral Development Banks in National Courts","authors":"Chengjin Xu, B. Gu","doi":"10.1163/23525207-12340031","DOIUrl":"https://doi.org/10.1163/23525207-12340031","url":null,"abstract":"Since their emergence after World War II , multilateral development banks ( MDB s, or Banks) have become crucial players in promoting economic development in the developing world. The theory of immunity enables the MDB s to shield themselves from jurisdictions of national courts, and protects them in Bank operations. This paper presents a critique of the immunity claimed by MDB s, and argues that such a claim of immunity should be restrictive, rather than absolute. Meanwhile, it is important to establish adequate dispute settlement systems within the MDB s, counterbalancing their immunities from legal process. The systems offer a fair trial to private parties, and should be independent from Bank management. As for the Asian Infrastructure Investment Bank ( AIIB ), the young Bank’s operations can be on the ground only with its immunities respected by members, while the committed high standards are possible only with adequate internal dispute settlement systems.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"4 1","pages":"49-75"},"PeriodicalIF":0.0,"publicationDate":"2018-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340031","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41798725","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
Rethinking International Legal Narrative Concerning Nineteenth Century China: Seeking China’s Intellectual Connection to International Law 重新思考19世纪中国的国际法律叙事:寻求中国与国际法的知识联系
The Chinese Journal of Global Governance Pub Date : 2018-04-18 DOI: 10.1163/23525207-12340029
Xiaoshi Zhang
{"title":"Rethinking International Legal Narrative Concerning Nineteenth Century China: Seeking China’s Intellectual Connection to International Law","authors":"Xiaoshi Zhang","doi":"10.1163/23525207-12340029","DOIUrl":"https://doi.org/10.1163/23525207-12340029","url":null,"abstract":"The standard of civilization is haunting international legal studies. The problem remains whether the non-Western traditions are legitimate sources for international governance. Although legal scholars sometimes approach international law from different perspectives or from a particular experience, at last, they are still writing about one international law that are supposed to apply to all nation-states without differentiation. The future outlook of international law partly depends on if there are real and lasting Asian intellectual connections with international law and whether the Asian inspirations could find their expression in the existing international legal framework. After exploring the existing discourse on China’s reception of international law in the nineteenth century, the paper suggests that Qing China’s statesmen had a vision for co-existence of international legal system and the China oriented tributary system.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"4 1","pages":"1-21"},"PeriodicalIF":0.0,"publicationDate":"2018-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340029","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48256678","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: 2
Abuse of Diplomatic Privileges and the Balance between Immunities and the Duty to Respect the Local Laws and Regulations under the Vienna Conventions: The Recent Indian Experience 《维也纳公约》下外交特权的滥用与豁免与尊重当地法律法规义务的平衡:印度的近期经验
The Chinese Journal of Global Governance Pub Date : 2017-10-17 DOI: 10.1163/23525207-12340027
S. Subramanian
{"title":"Abuse of Diplomatic Privileges and the Balance between Immunities and the Duty to Respect the Local Laws and Regulations under the Vienna Conventions: The Recent Indian Experience","authors":"S. Subramanian","doi":"10.1163/23525207-12340027","DOIUrl":"https://doi.org/10.1163/23525207-12340027","url":null,"abstract":"The successful adoption of the Vienna Convention on Diplomatic Relations is hailed as the ‘landmark of the highest significance in the codification of international law’. It represented the first significant codification of any international instrument since the United Nations was established. However, despite the codification of the above rules, which is largely based on the pre-existing customary international law, the scope of diplomatic protection was not free from issues and controversies. In recent times, unfortunately, there is a growing tendency amongst the diplomats to abuse their diplomatic status to commit acts prohibited by law and still claim immunity from legal process. The States-parties also aggravate this situation by selectively interpreting the rules in their favor, ignoring the fact that reciprocity is the basis for the successful functioning of the diplomatic protection. In this connection, this paper addresses the problem of abuse of immunities and privileges and its adverse implications on the balance between immunities and the duty to respect the local laws and regulations, especially with special reference to the recent Indian experience. It explores the two recent Indian diplomatic confrontations, namely, the arrest of Devyani Khobragade and the travel ban on Daniele Mancini. Based on the study, it highlights the need for a well-balanced and equitable enforcement of the Vienna Conventions in the interest of maintenance of cordial diplomatic relations in the international community.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"3 1","pages":"182-233"},"PeriodicalIF":0.0,"publicationDate":"2017-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340027","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41946819","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: 2
The Clash of Architects: Impending Developments and Transformations in International Law 建筑师的冲突:国际法迫在眉睫的发展和变革
The Chinese Journal of Global Governance Pub Date : 2017-10-17 DOI: 10.1163/23525207-12340025
J. Slawotsky
{"title":"The Clash of Architects: Impending Developments and Transformations in International Law","authors":"J. Slawotsky","doi":"10.1163/23525207-12340025","DOIUrl":"https://doi.org/10.1163/23525207-12340025","url":null,"abstract":"The world stands at the precipice of a transitional moment in the international law writ caused by the reasonable likelihood that new architects will be joining (and eventually supplanting) the present-day architects. Transformative geo-political and economic developments such as OBOR , the AIIB , NDB and the increasing internationalization of the Yuan all herald potentially significant changes to the existing international governance architecture. “Revisionist” states with strong motivations and global ambitions, may will become international law creators as these new architects influence the economic and legal orders. International law is not static and several of the new architects’ customs and norms inherently conflict with current Western ideals. Will international law norms converge? Will Western notions gravitate towards the other spectrum in enlightened self-interest? The impact on international law norms, enforcement, human rights, sustainability, trade and investment treaties and arbitration will be far-reaching. Understanding how this potential re-orientations in power will affect international law is of critical importance.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"3 1","pages":"83-159"},"PeriodicalIF":0.0,"publicationDate":"2017-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340025","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46506114","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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