Asian Journal of International Law最新文献

{"title":"The Resolution of Inter-State Disputes in Civil Aviation by Luping ZHANG. Oxford: Oxford University Press, 2022. xx + 256 pp. Hardcover: £80.00; eBook available. doi: 10.1093/oso/9780192849274.001.0001","authors":"Jae Woon Lee","doi":"10.1017/s2044251322000479","DOIUrl":"https://doi.org/10.1017/s2044251322000479","url":null,"abstract":"It has been 75 years since the International Civil Aviation Organization (ICAO) began operations in 1947. Since then, the ICAO, which was created by the Convention on International Civil Aviation in 1944 (the Chicago Convention), has developed extensive rules for international law related to aviation. In addition to the ICAO’s rule-making function, Chapter XVIII of the Chicago Convention empowered the ICAO Council to settle any dispute concerning the interpretation of the Convention. Specifically, Article 84 of the Chicago Convention established a three-stage process for resolving disputes between state parties: 1) negotiations, 2) decision by the ICAO Council and 3) appeal to either an arbitral tribunal or the International Court of Justice (ICJ). Zhang’s book systemically investigates the dispute settlement mandate of the ICAO Council and explores how its dispute settlement mechanism should be modernized for international civil aviation. Her empirical research indicates that not only multilateral aviation law treaties, including the Chicago Convention, but also bilateral air services agreements depend on three institutions: the ICAO Council, ad hoc arbitral tribunals, and the ICJ. Although the ICJ has the final say in the adjudication of international aviation disputes, the ICAO Council acts as a ‘court of first instance’ in practice. Yet the ICAO Council is rarely used as a dispute resolution forum. There have been only seven cases thus far, and even in those disputes, the ICAO Council has not issued any decisions on the merits. After analysing the ICAO Council’s deficiencies in regard to the current dispute resolution mechanisms and the limits of ad-hoc arbitration, she concludes that the dispute resolution mechanisms in international civil aviation have failed to meet the increasing demand for a rule-based decision-making process with sufficient transparency and legal reasoning in the current era. Zhang argues that states are looking for more judicialized dispute resolution and recommends two possible routes for reform: the amendment of the ICAO Council’s procedures for dispute resolution and the establishment of an arbitral institution within the ICAO system. Ideally positioned at the intersection of aviation law scholarship and international dispute resolution scholarship, this book effectively fills the academic gap in this area. Since empirical research is rare in the field of aviation law, the data collected and analysed by the author deserves close attention. Interestingly, one of her recommendations is already on the move. The ICAO Legal Committee established a working group in 2019 to review the rules for the settlement of differences. Although the new rules are expected to facilitate the dispute settlement process, they will not bring about fundamental change. Zhang’s bolder recommendation of establishing an arbitral institution at ICAO is both presented persuasively and worth considering. This book exhibits the author’s extensive r","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"424 - 424"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48483682","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":"Capitalism as Civilisation: A History of International Law by Ntina TZOUVALA. Cambridge: Cambridge University Press, 2020. viii + 268 pp. Hardcover: AUD$ 160.95; Softcover: AUD$41.95, E-Book: USD$24.00. doi: 10.1017/9781108684415","authors":"Ali Hammoudi","doi":"10.1017/S2044251322000352","DOIUrl":"https://doi.org/10.1017/S2044251322000352","url":null,"abstract":"Civilisation: A of of the","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"404 - 405"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43876236","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":"Unilateral Sanctions in International Law edited by Surya P SUBEDI. Oxford: Great Britain: Hart Publishing, 2021. xiv + 364 pp. Hardcover: £95.00, Softcover: £85.50, E-Book: £85.50. doi: 10.5040/9781509948413","authors":"Upasana Dasgupta","doi":"10.1017/S2044251322000327","DOIUrl":"https://doi.org/10.1017/S2044251322000327","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"411 - 412"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41687904","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":"New Asian Regionalism in International Economic Law by Pasha L. HSIEH. Cambridge: Cambridge University Press, 2021. xxiv + 272 pp. Hardcover: AUD$160.95. doi: 10.1017/9781108980210","authors":"N. Mishra","doi":"10.1017/S2044251322000376","DOIUrl":"https://doi.org/10.1017/S2044251322000376","url":null,"abstract":"tions concerning unilateral sanctions that affect the rights of the people in third countries are contrary to international law”. Further, the analysis illustrates that unilateral sanctions may contravene principles specific to an international law regime, such as WTO agreements or regional investment agreements and principles of non-discrimination which are included in various international treaties. The Draft Declaration on the Rules of International Law on Unilateral Sanctions has been appended to the book and includes the important conclusions, which should be considered by international forums and, as the book itself notes, with much needed dialogue.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"412 - 413"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45490027","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":"IUU Fishing as a Flag State Accountability Paradigm: Between Effectiveness and Legitimacy by ROSELLO Mercedes. Leiden: Brill Nijhoff, 2021. xxii + 227 pp. Hardback: €133.00, E-Book: €137.00. doi: 10.1163/9789004463219","authors":"Arron N. Honniball","doi":"10.1017/S2044251322000340","DOIUrl":"https://doi.org/10.1017/S2044251322000340","url":null,"abstract":"On occasion, readers may judge a book by the resulting health of their stationary. The informative IUU Fishing as a Flag State Accountability Paradigm reframes the application of the oft-quoted, but elusive, inclusive, slippery — or even abused — concept of ‘ illegal, unre-ported and unregulated ( “ IUU ” ) fishing ’ , thereby providing plenty food for thought and a highlighter graveyard. Rosello focuses on the implementation of ‘ IUU fishing ’ in interstate discourse and for reasons detailed in Chapters 1 – 2, primarily questions of high seas fishing (broadly construed) and flag state responsibilities. This book is a refined version of Rosello ’ s doctoral manuscript (p. ix) and a continuation of her published expertise in international fishing law and the European Union ’ s external fisheries policy. 1 The IUU fishing compliance paradigm has greatly contributed towards the development and consolidation of international fisheries law and its institutions, most notably the role of Regional Fisheries Management Organisations or Arrangements ( “ RFMO/As ” ). RFMO/As provide an authoritative source of rules for states bound by commitments in binding instru-ments, and expectations for others not legally bound to act in a consistent manner. Rosello nonetheless highlights that the contemporary IUU fishing lens both obscures existing rules and responsibilities (inhibiting their further inclusive development/refine-ment) and inherits and/or amplifies existing legitimacy concerns in the decision-making processes of RFMOs. The latter affects the effectiveness and coherence of RFMO measures in addressing undesirable high seas practices. These shortfalls are identified as building blocks in Rosello ’ s thesis, but the book ’ s theme is clearly to offer a constructive proposal and solution to redirect market state and port state efforts towards an accountability mechanism that will produce shared interpretative and argumentative state practice ( ‘ interactional legal theory ’ Civilisation: A of of the","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"403 - 404"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45738704","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":"AJL volume 12 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s2044251322000200","DOIUrl":"https://doi.org/10.1017/s2044251322000200","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"b1 - b3"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44667733","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":"Children and the Responsibility to Protect edited by Bina D'COSTA and Luke GLANVILLE. Leiden/Boston: Brill Nijhoff, 2019. xi + 299 pp. Paperback: €92.00, E-Book: €92.00. doi: 10.1163/9789004379534","authors":"Mukesh Rawat, Ranjana Dey","doi":"10.1017/S2044251322000406","DOIUrl":"https://doi.org/10.1017/S2044251322000406","url":null,"abstract":"paradigm that has become dominant since the 1990s. This new paradigm, which does not concern itself with the legality of war but rather with the legality of how the war is fought, has become convenient to the United States, which has invented new forms of warfare characterized by drone attacks and targeted killings (Chs. 7 and 8). Furthermore, the author suggests that the endeavour to humanize war has led towards legitimizing the endless war the United States has unleashed on foreign territories. The book introduces a range of thinkers belonging to both pacifist and humanitarian traditions, spanning across more than a century. Readers acquainted with Moyn’s previous work would identify the recurrence of familiar categories of minimalism and maximalism in the analysis. The limitation of the minimalist approach to war (humanitarianism) is explained in comparison to the maximalist imperative (pacifism). Although the discussion focuses mainly on debates that occurred in the United States, any reader would still benefit because the account provides useful insights on an important aspect of contemporary imperial dominance. The book could perhaps have been even more interesting if it had included a discussion on the way in which humanizing warfare might favour imperial states with technological superiority over peripheral states and irregular combatants lacking the sophistication to engage in targeted killings.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"418 - 419"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41763336","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":"Tax, Inequality, and Human Rights edited by Philip ALSTON and Nikki REISCH. Oxford: Oxford University Press, 2019. 600 pp. Hardcover: £107.50. doi:10.1093/oso/9780190882228.001.0001","authors":"Avinash Tiwari","doi":"10.1017/s2044251322000297","DOIUrl":"https://doi.org/10.1017/s2044251322000297","url":null,"abstract":"Except death and taxes, nothing in this world is certain. Applying Benjamin Franklin ’ s quote to the modern welfare state democracies, the present book argues that, in addition to taxes, other oft-ignored certainties lead to inequalities, and there is growing concern for the preservation of human rights both at the domestic as well as the international level.The book under review, Tax, Inequality, and Human Rights, edited by Philip Alston and Nikki Reisch, is a compilation of twenty-five chapters contributed to by prominent tax and human rights experts who analysed the roots of “ human rights and tax laws ” under six parts, identifying the overlaps and contradictions to highlight how both can address the increasing disparities in social, economic, and political spheres.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"410 - 411"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42034881","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":"Broadcasters’ Rights in the Digital Era: Copyright Concerns on Live Streaming by M. SAKTHIVEL. Leiden/Boston: Brill Nijhoff, 2020. xiv+258 pp. Hardcover: €153.00; eBook (pdf): €153.00. doi: 10.1163/9789004419155","authors":"S. C. Roy","doi":"10.1017/S2044251322000285","DOIUrl":"https://doi.org/10.1017/S2044251322000285","url":null,"abstract":"This book discusses the emergence and development of copyright law up to live streaming and the challenging issue of copyright owners ’ and/or authors ’ rights in digital 4G (P2P) transmissions.Theintroductory line – “ the origin and development of copyright law is closely asso-ciated with technological advancement ” – raises the issues of socio-economic development of broadcasting industries, 4G peer to peer (P2P), and the right to rebroadcasting to computer networks and streaming. Sakthivel then examines whether “ Indian laws ” are adequate to protect the interest of broadcasting organisations in the context of 4G technology, the 2012 amendments to the Indian Copyright Act 1957, the WIPO Copyright Treaty (WCT), the WIPO Performance and Phonographs Treaty (WPPT), and the Rome Convention 1961. The second chapter deals with technological advancement in communications to the public, from radio diffusion to streaming, discussing the historical development of terrestrial TV broadcasting, P2P file transfer technology, streaming technology, Internet Television (IPTV), web/internet TV, mobile streaming, and Long-Term Evolution (LTE) mobile The question is posed as whether these be termed as “ broadcasting ” the purpose broadcasters","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"420 - 421"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43698093","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":"Humane: How the United States Abandoned Peace and Reinvented War by Samuel MOYN. New York: Farrar, Straus and Giroux, 2021. 2 + 400 pp. Hardcover: USD$30.00. doi: unknown","authors":"Ramindu Perera","doi":"10.1017/S204425132200039X","DOIUrl":"https://doi.org/10.1017/S204425132200039X","url":null,"abstract":"counter-terrorism operations are also studied in the Guide. Yet, as the book is also intended to be used by policymakers, legislators, government officials, and nongovernmental organisations, the editors included a chapter to discuss implementation of IHL, which sheds light on the different roles that States and international organizations have to play to increase the level of compliance with the rules. The Guide also contains a chapter written by the late Professor Robert Cryer on war crimes. With an in-depth introduction to various issues, reference to the case studies, and the State practice and case-law of national and international tribunals, the book has provided the readers with a valuable Guide illustrating how the IHL applies in practice.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"12 1","pages":"417 - 418"},"PeriodicalIF":0.8,"publicationDate":"2022-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41549204","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}