Asian Journal of International Law最新文献

{"title":"Trade in the Digital Age: Agreements to Mitigate Fragmentation","authors":"Felicity Deane, Emily Woolmer, Shoufeng Cao, Kieran Tranter","doi":"10.1017/s204425132300036x","DOIUrl":"https://doi.org/10.1017/s204425132300036x","url":null,"abstract":"\u0000 Cross-border data flow is essential to contemporary international trade. However, transitioning from paper to digital in international trade has benefits and concerns. Concerns have led to an upsurge in data regulation as nations and regions impose restrictions on data flows and storage. This paper argues that, with increasing concerns about data sovereignty, the reconciliation of differing positions will be necessary to ensure that the benefits of digitization can be realized equally. At present, the objective of “data free flow with trust” is aspirational at best, with emerging trade barriers that unfairly threaten opportunities for small to medium enterprises and development within the Global South. This paper supports new knowledge and demonstrates that discriminatory regulation of data flow and disproportionately prioritizing national interests will be a trade barrier that impacts private entities and consumers in all nations. To avoid unintended externalities, cooperation is needed at a global level.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48955817","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":"Reimagining the Special and Differential Treatment Provisions in the WTO's Dispute Settlement Understanding","authors":"Sharmin Tania, Meika Atkins, R. Cunningham, Ajith Anawaratna","doi":"10.1017/s2044251323000358","DOIUrl":"https://doi.org/10.1017/s2044251323000358","url":null,"abstract":"\u0000 The developed and developing members of the World Trade Organization (WTO) are deeply divided on the concept, scope, and beneficiaries of the special and differential treatment (SDT) provisions. The division was revealed in the Committee on Trade and Development meetings, where developed members rejected the Group of 90's proposals to strengthen and operationalize SDT provisions in WTO agreements. This article focuses on the SDT provisions in the Dispute Settlement Understanding (DSU), positing that the provisions are ineffective in upholding the WTO's development objectives. It analyses the extent to which the needs and circumstances of low-income developing countries and least-developed countries have been considered by the WTO adjudicating bodies through the application and interpretation of SDT provisions in the DSU. The article seeks to reimagine SDT provisions’ role in the DSU through secondary lawmaking and progressive treaty interpretation to ensure development is integrated into the WTO's Dispute Settlement Mechanism.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42684912","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 Shanghai Cooperation Organization: Exploring New Horizons edited by Sergey MAROCHKIN and Yury BEZBORODOV. Abingdon, Oxfordshire: Routledge, 2022. 262 pp. Hardcover: £130.00; eBook: £35.09. doi: 10.4324/9781003170617","authors":"A. Abdullin, R. Davletgildeev, D. Zarubin","doi":"10.1017/s2044251323000334","DOIUrl":"https://doi.org/10.1017/s2044251323000334","url":null,"abstract":"The authors’ prose is crisp and clear, and the book is sprinkled with charts, tables, and other visual aids that bring the concepts to life. In a nutshell, this book is a tour de force, offering a comprehensive and insightful examination of the legal framework governing foreign investment in China. The authors’ deep dive into the laws and policies that shape the foreign investment landscape in the country, combined with their frank discussion of the limitations and challenges, make this book an essential reference for anyone intrigued by foreign investment regulation in China. Whether you are a seasoned expert or a newcomer to foreign investment, this book is highly recommended.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48918329","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 13 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s2044251323000383","DOIUrl":"https://doi.org/10.1017/s2044251323000383","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"b1 - b3"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45298160","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 Criminal Court and the Responsibility to Protect by Stefano MARINELLI. Abingdon, Oxfordshire: Routledge, 2022. 212 pp. Hardcover: AUS$273.00; eBook: AUS$72.99. doi: 10.4324/9781003270737","authors":"Patrick Iga","doi":"10.1017/s2044251323000279","DOIUrl":"https://doi.org/10.1017/s2044251323000279","url":null,"abstract":"The international law principle of the “ responsibility to protect ” compels the international community to take measures to protect populations from atrocious crimes where a state fails in its obligations. Stefano Marinelli skilfully analyses the interaction between the International Criminal Court and the “ responsibility to protect ” concept in this book. The work ’ s central theme demonstrates a positive correlation between the Court and the principle. In establishing this relationship, emphasis is placed on the overriding objective of the Court and the concept, which is to halt the commission of the core crimes of international law. The approach adopted by the work is to study this relationship from two broad perspectives. It initially explores the locus of the Court as an instrument to be utilised by the United Nations Security Council in combatting atrocity crimes and the Council ’ s response to these crimes within the context of the responsibility to protect. The subsequent substantive chapters then explore the practice of the Court within the concepts of judicial deterrence, ius ad bellum, and state sovereignty and their interaction with the responsibility to protect. Whereas other scholars have comprehensively studied some of these issues, the author provides a novel outlook within the specific context of the correlation between the Court ’ s mandate and the responsibility to protect. It is generally determined that a lack of a comprehensive formulation of the principle, especially the absence of a clear definition and legal framework of action, and the International Criminal Court ’ s lack of enforcement mechanisms and susceptibility to political interference, are practical and methodological hindrances to a positive correlation between the two. The book concludes that a perfect synergy between the Court and the concept cannot be attained, nor should it be desired. This is premised on the observation that the concept has not introduced a new legal obligation under international law, while several challenges to its authority besiege the Court. Whereas the issues faced by the Court and the concept are related, the solutions are not. Accordingly, the author advo-cates for a parallel pursuit of","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"404 - 404"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44800475","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":"Implementing the World Heritage Convention: Dimensions of Compliance by Evan HAMMAN and Herdis HØLLELAND. Cheltenham, UK/Northampton, MA: Oxon: Edward Elgar Publishing, 2023. 300 pp. Hardcover: £100.00; available as eBook from £25.00. doi: 10.4337/9781789904925","authors":"Anaïs Mattez","doi":"10.1017/S2044251323000267","DOIUrl":"https://doi.org/10.1017/S2044251323000267","url":null,"abstract":"lished to study the overlapping issues and to prepare a draft text for consideration in the future. With this background, this book is an important and timely contribution to the development of the law of the sea for the conservation and sustainable use of marine biological diversity. The book provides eight chapters and six appendices covering those aspects of biodiversity conservation outside the Boundary Beyond National Jurisdiction (BBNJ). The author’s extraordinary effort, zeal, and vision present a balanced analysis of the issues relating to biodiversity and the marine environment and proposes future actions to regulate the BBNJ. The book includes a prologue to marine conservation, especially within BBNJ under international law. It then discusses the promises and limits of the legal protection of the BBNJ, given a new proposal to develop an ILBI; the adoption of Grotian doctrine in lawmaking for the BBNJ; conceptual analysis on proposed ILBIs to deal with the BBNJ; an application of area-based management tools in marine protected areas beyond national jurisdiction; compliance with environmental impact assessments in the BBNJ; regulation of marine genetic resources; and implementation of capacity building and technology transfer. Finally, it concludes with valuable remarks and suggestions for the prospects of ILBIs for the conservation and sustainable use of the BBNJ. The prospect of adopting an ILBI has been outlined based on the political will of sovereign states balancing their competing interests in the protection, conservation, and sustainable use of the BBNJ. The author, Sarah Lothian, a renowned lecturer and barrister from Australia, has thoroughly investigated the regulatory, governance, and institutional framework for the BBNJ under existing international law. The book is unique among contemporary academic contributions such as Alexander Gillespie’s Conservation, Biodiversity and International Law. Because of its unique structure and scope, in-depth analysis, and authentic suggestions for better regulation and management of the marine environment as “Global Commons”, this book will be a great help to the scholars, practitioners, and policymakers engaged in the law of the sea and the protection of the biodiversity of the marine environment.","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"395 - 396"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49194490","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 South China Sea Arbitration: Jurisdiction, Admissibility, Procedure by Stefan TALMON. Leiden/Boston: Brill Nijhoff, 2022. 407 pp. Hardcover: €160.00; eBook (PDF): €160.00. doi: 10.1163/9789004381193.","authors":"D. Guilfoyle","doi":"10.1017/S204425132300019X","DOIUrl":"https://doi.org/10.1017/S204425132300019X","url":null,"abstract":"Recent literature on the United Nations Convention on the Law of the Sea (UNCLOS) dispute settlement has expressed nervousness about UNCLOS tribunals’ apparent preference to exercise jurisdiction, especially when applicants have seemingly sought to use such proceedings to influence territorial sovereignty disputes. In this context, the 2016 final award in the South China Sea arbitration is an important case study. Notoriously, the Philippines won a notable legal victory by disputing the status of various maritime features and their entitlements rather than sovereignty over them. The key to this result was the tribunal’s narrow interpretation of what constitutes an island under UNCLOS. While undeniably important, a great deal has already been written on the South China Sea award, including much by Talmon himself. Why write such a book, particularly one that focuses on jurisdiction, admissibility, and procedure? Talmon notes that while this case considered numerous legal questions, the most “technically highly complex and legally extremely challenging” were those concerning jurisdiction and admissibility (p. xi) and concludes that “the case was decided wrongly” (p. xii). Talmon underlines that he does not question the “binding force” of the award but aims instead to point out “weaknesses” and “flaws” in a decision with significant precedential implications (p. xii). While his conclusions will, no doubt, be deployed by those supporting the untenable view that jurisdictional error renders a final UNCLOS award void (for example, the Chinese Society of International Law), Talmon himself examines only the doctrinally orthodox means by which the finality of an award may eventually be overturned (by subsequent treaty practice etc.) (Chapter 5.2). Talmon is a prominent and thoughtful critic of the award, and the wholly new Chapter 4 valuably conducts a closely argued and exhaustively documented examination of the drafting history surrounding UNCLOS’s definition of “rocks” (entitled only to a territorial sea) and “islands” (having a full suite of maritime zones), and the subsequent state practice of twenty states regarding eighty-six “islets”. At the least, the chapter demonstrates that a lot of state practice runs contrary to the award. Further, an argument previously made by Talmon is that the Spratly Islands are treated as a unit by China, and the Tribunal misrepresented this position. Previously, I found this baffling. How can a respondent create gaps in UNCLOS by asserting idiosyncratic legal theories? This book better spells out, at least for me, Talmon’s chain of logic. The argument runs that China has both ancient and historic title to the Spratly Islands, and it – alongside","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"391 - 392"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49234484","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":"Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction by Sarah Louise LOTHIAN. Abingdon, Oxfordshire: Routledge, 2022. 320 pp. Hardcover: AUD$273.00; eBook: AUD$72.99. doi: 10.4324/b22996","authors":"Amrendra Kumar","doi":"10.1017/s2044251323000280","DOIUrl":"https://doi.org/10.1017/s2044251323000280","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"394 - 395"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42073239","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":"International Commercial and Investor-State Arbitration: Australia and Japan in Regional and Global Contexts by Luke NOTTAGE. Cheltenham, UK/Northampton, MA: Oxon: Edward Elgar Publishing, 2021. 424 pp. Hardcover: £115.00; eBook £25.00. doi: 10.4337/9781800880825","authors":"Trinh Hai Yen","doi":"10.1017/s2044251323000243","DOIUrl":"https://doi.org/10.1017/s2044251323000243","url":null,"abstract":"consistent","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"393 - 394"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45809109","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":"Covid-19 in Asia: Law and Policy Contexts edited by Victor V. RAMRAJ. Oxford: Oxford University Press, 2021. xi + 467 pp. Hardcover: £83.00; available as eBook. doi: 10.1093/oso/9780197553831.001.0001.","authors":"A. Kim","doi":"10.1017/s2044251323000255","DOIUrl":"https://doi.org/10.1017/s2044251323000255","url":null,"abstract":"","PeriodicalId":43342,"journal":{"name":"Asian Journal of International Law","volume":"13 1","pages":"410 - 411"},"PeriodicalIF":0.8,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48106026","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}