{"title":"Examining the Breadth and Conformity with Global Standards of Vietnamese Courts’ Exclusive Jurisdiction in International Commercial Contracts Pertaining to Immovable Property Within Vietnam","authors":"Trinh Thị Hồng Nguyễn","doi":"10.1007/s40802-024-00249-5","DOIUrl":"https://doi.org/10.1007/s40802-024-00249-5","url":null,"abstract":"<p>This article delves into the critical aspect of exclusive jurisdiction in Vietnamese law, particularly focusing on disputes emerging from international commercial contracts relating to immovable property. The main objective is to demystify the types of disputes that are encompassed under this exclusive jurisdiction and to propose a requisite level of connection to Vietnamese immovable property for such jurisdiction to be applicable. Through a comprehensive analysis, the study reveals varying interpretations by Vietnamese courts regarding the scope of this jurisdiction rule. A notable finding is the contrasting jurisdictional approaches between domestic and foreign arbitrators in handling disputes connected to international commercial contracts involving immovable property. This discrepancy highlights the urgency for Vietnam to align its legal framework with global standards. The paper emphasizes the significance of this harmonization, not only for legal clarity and consistency but also for enhancing the attractiveness of Vietnam’s legal environment for international investors.</p>","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"48 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2024-03-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140128464","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}
{"title":"The Unprecedented Ramsar Resolution: Ukrainian Wetlands Protection in Armed Conflict","authors":"Meng Wang","doi":"10.1007/s40802-024-00246-8","DOIUrl":"https://doi.org/10.1007/s40802-024-00246-8","url":null,"abstract":"<p>Armed conflict has devastating environmental consequences, adversely impacting critical ecosystems and natural resources. The conflict between Russia and Ukraine, which has been ongoing since February 2022, has significantly affected Ukrainian wetlands, jeopardising their vital ecosystem services. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (‘Ramsar Convention’), which focuses on conserving and sustainably using wetlands, thus stands as a valuable tool for addressing environmental emergencies during armed conflict. With both Russia and Ukraine as Contracting Parties to the Ramsar Convention and their armed conflict causing a negative environmental impact, the effectiveness of the Ramsar Convention during such a conflict is being tested. The centrepiece of this article is a Resolution entitled ‘Environmental emergency in Ukraine relating to the damage of its wetlands of international importance (Ramsar Sites) stemming from the Russian Federation’s aggression’ recently adopted by the Conference of the Contracting Parties to the Ramsar Convention. This article assesses the effectiveness of the mechanisms within the Ramsar Convention and this Resolution in addressing the environmental challenges faced by Ukrainian Ramsar Sites during armed conflict. This case study provides broad insights into the overall challenges to implementing international environmental law treaties in times of armed conflict. Furthermore, it highlights the potential of leveraging the Ramsar Convention and similar environmental agreements to effectively safeguard the natural environment and ecosystems in times of armed conflict.</p>","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2024-02-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139751305","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}
{"title":"World Pandemic Control in International Law: Through a Transboundary Harm Perspective","authors":"","doi":"10.1007/s40802-024-00245-9","DOIUrl":"https://doi.org/10.1007/s40802-024-00245-9","url":null,"abstract":"<h3>Abstract</h3> <p>The current pandemic response system under the International Health Regulations has been considered unsatisfactory in controlling world pandemic outbreaks. Opinions are voiced that a legal evolution incorporating other sources of international law is imperative to meet the system’s primary deficiency: the uneven degree of State compliance with the ‘core capacity’ requirements. Against this background, this paper aims to examine the potential application of transboundary harm rules in world pandemic prevention, where existing treaty obligations are insufficient or ineffective in addressing future obstacles. By comparing their conceptual characters and legal elements, this paper seeks to reveal the inherent link between the two domains, which may further demonstrate an existing manifestation of transboundary harm rules as emerging customary international law in current pandemic prevention practice. Based on the structure of transboundary harm rules, this paper aims to provide an innovative legal framework that justifies the differentiated standards among States with uneven capacity and underlines the obligation of cooperation. Such a framework is designed to improve the level of States’ prevention and response towards future global health emergencies raised by world pandemics. Moreover, it hopes to provide practical ideas for formulating the new international instrument on pandemic prevention, which is currently being drafted by the Member States of the World Health Organization.</p>","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2024-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139750616","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}
{"title":"Developing Chinese Private International Law for Transnational Civil and Commercial Litigation: The 2024 New Chinese Civil Procedure Law","authors":"Jie Huang","doi":"10.1007/s40802-023-00243-3","DOIUrl":"https://doi.org/10.1007/s40802-023-00243-3","url":null,"abstract":"Abstract On 1 September 2023, the Standing Committee of the National People’s Congress amended the Chinese Civil Procedure Law which will come into effect on 1 January 2024 (‘the 2024 CPL’). The 2024 CPL brings significant changes to the entire procedure of transnational civil and commercial litigation in China covering jurisdiction, service of process, the taking of evidence abroad, and the recognition and enforcement of foreign judgments. It is critical for foreign states, courts, and parties which conduct business in China to understand this new legal development and to prepare for the changes. Adopting comparative-law and empirical research methods, this commentary aims to explain the new provisions for transnational civil litigation in the 2024 CPL and how they may be implemented in practice.","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"31 21","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135390677","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}
{"title":"The Hague Case Law: Latest Developments","authors":"Rosa Möhrlein","doi":"10.1007/s40802-023-00241-5","DOIUrl":"https://doi.org/10.1007/s40802-023-00241-5","url":null,"abstract":"","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135778703","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}
{"title":"The International Community’s Reaction to the Soviet Annexation of the Baltic Republics: The Recognition Dilemma","authors":"Evgeny Tikhonravov","doi":"10.1007/s40802-023-00242-4","DOIUrl":"https://doi.org/10.1007/s40802-023-00242-4","url":null,"abstract":"","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135730532","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}
{"title":"From Tehran to Moscow: The ICJ’s 2023 Certain Iranian Assets Judgment and Its Broader Ramifications for Unilateral Sanctions, Including Against Russia","authors":"Tom Ruys, Mira Deweerdt","doi":"10.1007/s40802-023-00240-6","DOIUrl":"https://doi.org/10.1007/s40802-023-00240-6","url":null,"abstract":"","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136295873","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}
{"title":"Yuji Iwasawa, Domestic Application of International Law: Focusing on Direct Applicability","authors":"K. J. Keith","doi":"10.1007/s40802-023-00239-z","DOIUrl":"https://doi.org/10.1007/s40802-023-00239-z","url":null,"abstract":"","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135591344","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}
{"title":"Islandness and the European Court of Human Rights: Marooning Rights on Islands?","authors":"Aikaterini Tsampi","doi":"10.1007/s40802-023-00238-0","DOIUrl":"https://doi.org/10.1007/s40802-023-00238-0","url":null,"abstract":"Abstract Some 80 million people live on European islands. It thus comes as no surprise that a number of cases brought before the European Court of Human Rights developed on and/or pertain to islands. What is surprising, though, is that this jurisprudential corpus has not been explored with a view to assessing whether islandness has or should have a role in the implementation of the European Convention on Human Rights on islands. The present paper contemplates the strengths of an islandness-based approach in the implementation of human rights through the mapping of the weaknesses, the potentials and the lost opportunities in the case law of the Court with respect to such an approach. In this context, findings from the field of Island Studies are also considered. By focusing on the ECHR habitat, the present paper exemplifies, in particular, the untapped potential of an islandness-based approach in the development of international human rights law in general.","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135591173","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}
{"title":"A Heartfelt Commitment to the International Rule of Law? The United Kingdom and the International Court of Justice","authors":"Mauro Barelli","doi":"10.1007/s40802-023-00237-1","DOIUrl":"https://doi.org/10.1007/s40802-023-00237-1","url":null,"abstract":"Abstract The UK proudly describes its longstanding commitment to the International Court of Justice as a sign of its broader commitment to international adjudication and, in turn, the international rule of law. This article calls into question this narrative suggesting that, despite official pledges and rhetoric to the contrary, the UK cannot be said to have truly accepted the authority of the Court to scrutinize its conduct, nor to have consistently acted in a manner that is respectful of that institution. To the extent that the UK wishes to present itself as a genuine supporter of the international rule of law, this article posits that it should reformulate its approach to the Court with regard to both its contentious and advisory jurisdictions.","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135592748","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}