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The Chinese Journal of Global Governance最新文献

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International Law and International Institutions: Implications for a Rising China 国际法和国际制度:对中国崛起的启示
The Chinese Journal of Global Governance Pub Date : 2016-02-12 DOI: 10.1163/23525207-12340009
Qingjiang Kong, Xiao Ping
{"title":"International Law and International Institutions: Implications for a Rising China","authors":"Qingjiang Kong, Xiao Ping","doi":"10.1163/23525207-12340009","DOIUrl":"https://doi.org/10.1163/23525207-12340009","url":null,"abstract":"There is a growing concern that China has become more assertive in its foreign policies. The fear is whether China’s economic growth may translate into modern and effective military advancement. This engenders the critical question of whether China feels comfortable in the current international order, which is defiPed by international law and institutions. This article argues that the Chinese approach to international law and institutions is tightly associated with its evolving attitudes towards them. With its opening-up, China now views multilateralism as a way for the international community to constrain the capriciousness of a superpower, and regards the international institutions simply as power sharing development. However, China’s integration in international institutions represents its attempt to work within international norms to pursue its interests. It also shows China’s effort to hedge against American influence, and signals China’s emergence as an active player in the international arena.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"157-173"},"PeriodicalIF":0.0,"publicationDate":"2016-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64619125","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
Promoting Successful and Sustainable Foreign Direct Investment through Political Risk Mitigation Strategies 通过减少政治风险战略促进成功和可持续的外国直接投资
The Chinese Journal of Global Governance Pub Date : 2016-02-12 DOI: 10.1163/23525207-12340008
Lukas Vanhonnaeker
{"title":"Promoting Successful and Sustainable Foreign Direct Investment through Political Risk Mitigation Strategies","authors":"Lukas Vanhonnaeker","doi":"10.1163/23525207-12340008","DOIUrl":"https://doi.org/10.1163/23525207-12340008","url":null,"abstract":"Political risk is a critical component of international trade and it is often the source of concern for businesses willing to invest abroad in light of the limited ability of legal instruments to protect them against it. That is why further political risk minimization has traditionally been done through investor-oriented strategies that maximize the interests of the investor. These interests sometimes clash with the interests of the State: the State seeks to promote sustainable development interests while the private investor is pursuing its own interests. These are the situations where it is necessary to avoid conflict by aligning the interests of the foreign actor with the local polity, which can be done through mutually beneficial (i.e. both for states and for private trade actors) political risk mitigation strategies. In this regard, this paper demonstrates how such strategies can incentivize international trade actors to undertake commercial operations in a sustainable manner.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"133-156"},"PeriodicalIF":0.0,"publicationDate":"2016-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64619116","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 Statutory Reform of Chinese Private International Law in Property Rights: A Silent Revolution 中国产权国际私法的法定改革:一场无声的革命
The Chinese Journal of Global Governance Pub Date : 2016-02-12 DOI: 10.1163/23525207-12340010
Zhengxin Huo
{"title":"The Statutory Reform of Chinese Private International Law in Property Rights: A Silent Revolution","authors":"Zhengxin Huo","doi":"10.1163/23525207-12340010","DOIUrl":"https://doi.org/10.1163/23525207-12340010","url":null,"abstract":"This article reviews the statutory reform of Chinese private international law from the perspective of property rights which concludes that notwithstanding the significant improvement, the new Private International Law Act of China are fraught with various defects. In the field of property, Article 37 and Article 38 are particularly problematic as the introduction of unlimited party autonomy into the choice-of-law rules for movables and res in transitu is theoretically indefensible and practically troublesome. Moreover, there are a number of defects or problems with Article 39 and Article 40 of the Act respectively. What’s more, the Act neglects some other important types of property that call for special treatment, such as cultural property, and assignment of debt. In the end, the article puts forward the corresponding suggestions for improvement.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"174-191"},"PeriodicalIF":0.0,"publicationDate":"2016-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64619183","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
What, Then, is ‘Global’ about Global Governance? 那么，“全球”指的是全球治理吗?
The Chinese Journal of Global Governance Pub Date : 2016-02-12 DOI: 10.1163/23525207-12340007
Eşref Aksu
{"title":"What, Then, is ‘Global’ about Global Governance?","authors":"Eşref Aksu","doi":"10.1163/23525207-12340007","DOIUrl":"https://doi.org/10.1163/23525207-12340007","url":null,"abstract":"This article explores whether the notion of globality is as integral to the various conceptualisations of “global governance” in the pertinent literature as one would justifiably assume. The conceptual analysis here concentrates on well-established clusters of meaning attached to global governance. The main observation is that the nature of globality remains conceptually underdeveloped in the self-conscious global governance literature. The main suggestion against this backdrop is that conceptual clarity is both necessary and possible. Closer reflection on the use of “global” as a linguistic qualifier might prove a useful starting point when seeking such clarity.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"105-132"},"PeriodicalIF":0.0,"publicationDate":"2016-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-12340007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618521","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: 1
The Equitable Distribution of Marine Resources by Agreement of States—The Case of the South China Sea 国家协议的海洋资源公平分配——以南海为例
The Chinese Journal of Global Governance Pub Date : 2015-07-22 DOI: 10.1163/23525207-00000004
Volker Roeben
{"title":"The Equitable Distribution of Marine Resources by Agreement of States—The Case of the South China Sea","authors":"Volker Roeben","doi":"10.1163/23525207-00000004","DOIUrl":"https://doi.org/10.1163/23525207-00000004","url":null,"abstract":"The socially just distribution of maritime spaces and their resources among States is a key concern of the 1982 un Convention on the Law of the Sea. This concern underlies the general apportionment of those spaces to coastal States as well as the concrete delimitation of any overlapping claims. The Convention prescribes that such delimitation be equitable. Much attention so far has been given to the judicial performance of such maritime boundary delimitation. This paper focuses on the alternative of delimitation by negotiated agreement of States. It conceives of delimitation as institutionalized oceans governance. This governance seeks to achieve the indeterminate objective of equitable delimitation by combining two broad approaches with machinery for their concretization. For one, the Convention adopts a geographical approach, implemented through the concept of maritime zones extending seawards of the land. Yet the Convention also countenances a non-geographical approach based on historic titles grounded in customary law. For concretising these broad approaches into principles, rules, and decisions, the Convention institutionalizes comprehensive judicial decision-making. Courts and tribunals have indeed developed an acquis judiciaire favouring delimitation by means of the equidistance/relevant circumstances method that is binding on States. However, the Convention gives preference to the equally institutionalized negotiated delimitation of marine entitlements, by means of the agreement of the coastal States concerned. These States therefore retain a considerable margin of appreciation for negotiated delimitation, drawing on state practice to identify the principles appropriate for the individual instance. The paper first develops this governance framework and then exemplifies its workings in the case of the South China Sea, marked by several, ongoing maritime delimitation disputes to be resolved by negotiated settlement.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"36-66"},"PeriodicalIF":0.0,"publicationDate":"2015-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-00000004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618431","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: 1
Shaping Global Sustainability in the Umbrella of “Comprehensive Globalisation”—Germany’s Role* 在“全面全球化”的大背景下塑造全球可持续发展——德国的角色*
The Chinese Journal of Global Governance Pub Date : 2015-07-22 DOI: 10.1163/23525207-00000003
Dirk Messner
{"title":"Shaping Global Sustainability in the Umbrella of “Comprehensive Globalisation”—Germany’s Role*","authors":"Dirk Messner","doi":"10.1163/23525207-00000003","DOIUrl":"https://doi.org/10.1163/23525207-00000003","url":null,"abstract":"The current confrontation of irreconcilable concepts of global order poses a serious threat to international cooperation in crucial areas of global governance. German foreign policy faces many challenges in an international system characterised by “comprehensive globalisation”. This global constellation however also implies the great opportunity to establish new patterns of cooperation via transformative alliances with emerging actors of international politics. In this way, Germany could play a substantial transformative role in the global agenda for sustainability.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"36 1","pages":"16-35"},"PeriodicalIF":0.0,"publicationDate":"2015-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-00000003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618388","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
The Transparency Turn of International Law 国际法的透明化
The Chinese Journal of Global Governance Pub Date : 2015-07-22 DOI: 10.1163/23525207-00000002
Anne Peters
{"title":"The Transparency Turn of International Law","authors":"Anne Peters","doi":"10.1163/23525207-00000002","DOIUrl":"https://doi.org/10.1163/23525207-00000002","url":null,"abstract":"In all major fields of international law—e.g. environmental law, economic law, human rights law, international humanitarian law, health law, peace-and-security law—demands for more transparency have recently been voiced by civil-society actors, by states, and within the international institutions themselves—or transparency has been brought about by illegal means. In response, much more transparency has been created in international institutions and procedures in the last 10 years. This paper diagnoses a genuine “transparency turn” in international law, it analyses the functions and drawbacks of increased transparency in global governance (especially for the well-functioning of negotiations and deliberations); it asks whether a cross-cutting legal principle of transparency is emerging, and what this might mean for international law as a whole. It concludes that from a governance perspective, transparency is only a necessary, and not a sufficient condition for bringing about participation, accountability, and possibly democracy in the global sphere.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"3-15"},"PeriodicalIF":0.0,"publicationDate":"2015-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-00000002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618340","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: 6
Establishment and Development of the Post-war New International Civil and Commercial Order 战后国际民商事新秩序的建立与发展
The Chinese Journal of Global Governance Pub Date : 2015-07-22 DOI: 10.1163/23525207-00000006
Huan Jin
{"title":"Establishment and Development of the Post-war New International Civil and Commercial Order","authors":"Huan Jin","doi":"10.1163/23525207-00000006","DOIUrl":"https://doi.org/10.1163/23525207-00000006","url":null,"abstract":"Supported by new rules of private international law, a new international civil and commercial order has taken shape, comprising international civil and commercial jurisdiction rules, conflict-of-law rules, international civil and commercial judicial assistance rules and disputes resolution mechanism. Different from the international economic order, the new international civil and commercial order stands side by side and complements the new international economic order, as well as the new international political order. As the international civil and commercial order continues developing in an open, inclusive, multilateral, and flexible way, it will play a more important role in safeguarding international security and prosperity, and promoting common interests of humankind. In this context, safeguarding, improving, and actively promoting the international civil and commercial order is of vital significance for China’s peaceful rise and the realization of China’s dream of great rejuvenation.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"20 1","pages":"97-103"},"PeriodicalIF":0.0,"publicationDate":"2015-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-00000006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618511","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
Taking Stock: What Do We Know, and Do not Know, about the National Treatment Obligation in the gatt/wto Legal System? 盘点:关于gatt/wto法律体系中的国民待遇义务，我们知道什么，不知道什么?
The Chinese Journal of Global Governance Pub Date : 2015-07-22 DOI: 10.1163/23525207-00000005
Ming Du
{"title":"Taking Stock: What Do We Know, and Do not Know, about the National Treatment Obligation in the gatt/wto Legal System?","authors":"Ming Du","doi":"10.1163/23525207-00000005","DOIUrl":"https://doi.org/10.1163/23525207-00000005","url":null,"abstract":"Even though widely recognized as one of the core disciplines of international economic law, the interpretation of national treatment (“nt”) obligation has been long marked by legal indeterminacy. More recently, a series of landmark cases, including us—Clove Cigarettes, us—Tuna ii (Mexico), us—cool and ec—Seal Products, have fundamentally reshaped our collective understanding of the nt obligation in the gatt/wto system. The objective of this article is to take stock of what we have already known about the nt obligation in the wto law, identify the lingering uncertainties and discuss the options for the wto Appellate Body to bring more clarity to the nt obligation in future dispute settlements.","PeriodicalId":31142,"journal":{"name":"The Chinese Journal of Global Governance","volume":"1 1","pages":"67-95"},"PeriodicalIF":0.0,"publicationDate":"2015-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/23525207-00000005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"64618439","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
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