Chinese Journal of International Law最新文献

Navigating New Waters: IMO’s Efforts to Regulate Autonomous Shipping 驾驭新水域：国际海事组织（IMO）监管自主航运的努力

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-09-15 DOI: 10.1093/chinesejil/jmae025

Barbara Stępień

引用次数: 0

Jurisdiction of a State Party under Article 2(1) of the ICCPR: A Comment on A.S. and Others v. Italy 根据《公民权利和政治权利国际公约》第 2(1)条缔约国的管辖权：对 A.S.等人诉意大利一案的评论

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-07-08 DOI: 10.1093/chinesejil/jmae022

{"title":"Jurisdiction of a State Party under Article 2(1) of the ICCPR: A Comment on A.S. and Others v. Italy","authors":"","doi":"10.1093/chinesejil/jmae022","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae022","url":null,"abstract":"In A.S. and others v. Italy, the question of the jurisdiction of a State party under Article 2(1) of the ICCPR is formulated as “whether the alleged victims could be considered to have been within the power or effective control of the State party”. Per HRC’s earlier views, one form of “within the power or effective control” of a State party may be identified by the impact on the enjoyment of rights caused by a State party’s action. This can be considered as the “functional impact model”. Apparently this is what the HRC applied in this case. But a State party’s inaction cannot cause any impact unless it owes prior positive obligations towards the allegedly impacted person. As the applicable instruments allow considerable discretion to a State party to decide whether to rescue the persons in distress at sea, Italy’s “obligations” to rescue and to cooperate do not necessarily trigger Italy’s positive obligations towards the relevant persons. Taking Italy’s jurisdiction as a consequence of the causal link between the sinking of the vessel and the resulting sufferings (and deaths in some cases) of the persons on the vessel and Italy’s decisions (inaction) is the result of an expansive and improper application of the special approach adopted in other cases. To be non-arbitrary, one may find that affected persons are “within the power or effective control” of a State party: (1) where harm is caused by affirmative acts of a State party, the impact can be deemed as a manifestation that the person impacted is “within the power or effective control” of the State party; or (2) where harm is caused by an omission of a State party, there must be a prior specific legal relationship between the allegedly impacted person and the State party.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141573206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The 2022 ICJ Judgment in Nicaragua v. Colombia: Towards a Theory of Exclusivity in Allocating Rights and Jurisdiction between the Coastal and Other States? 2022 年国际法院对尼加拉瓜诉哥伦比亚案的判决：在沿岸国与其他国家之间分配权利和管辖权时走向排他性理论？

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-06-28 DOI: 10.1093/chinesejil/jmae019

Xinjun Zhang, Xidi Chen

引用次数: 0

The UN Security Council Adopts a Targeted Sanctions Regime to Tackle Gang-related Violence and Arms Trafficking in Haiti 联合国安理会通过有针对性的制裁制度，打击海地与帮派有关的暴力和武器贩运活动

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-20 DOI: 10.1093/chinesejil/jmae012

Daniele Musmeci

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ILC Draft Conclusions on General Principles of Law Through the Lens of Air and Space Law Practices 国际法委员会关于从航空法和空间法实践角度看法律一般原则的结论草案

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-20 DOI: 10.1093/chinesejil/jmae010

引用次数: 0

Comments on the Text of the Draft Conclusions on General Principles of Law Adopted by the ILC on First Reading 对国际法委员会一读通过的关于法律一般原则的结论草案案文的评论

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-20 DOI: 10.1093/chinesejil/jmae013

Xiao Mao

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General Principles of Law as a Basis for Procedural Rules of International Organizations 作为国际组织程序规则基础的一般法律原则

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-12 DOI: 10.1093/chinesejil/jmae009

Kaijun Pan

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Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty 国际法与网络空间的相互作用：侵犯国家主权、域外效力和网络主权范式

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-06 DOI: 10.1093/chinesejil/jmae005

Thanapat Chatinakrob

{"title":"Interplay of International Law and Cyberspace: State Sovereignty Violation, Extraterritorial Effects, and the Paradigm of Cyber Sovereignty","authors":"Thanapat Chatinakrob","doi":"10.1093/chinesejil/jmae005","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae005","url":null,"abstract":"Information and communication technology (ICT) threats, involving malicious use of ICTs, pose substantial risks to global security and stability. These threats, emanating from State and non-State actors, endanger economic growth, societal well-being, and human safety. The existing international legal framework struggles to adequately confront these challenges, resulting in issues concerning State sovereignty, cyber-attacks on critical infrastructure, and the emergence of cyberspace sovereignty. Cyber-attacks targeting key infrastructure can undermine sovereignty by aiding another State’s territorial control. The enforcement of cyberspace legislation, whether regional or intra-State, can infringe upon other States’ sovereignty due to cross-border repercussions. Despite the presence of numerous international and regional regulations, enforcement remains lacking. The concept of cyberspace sovereignty has arisen with technological advancements, signifying a need for digital realm sovereignty. Yet, this form of sovereignty is narrower compared to territorial sovereignty. This article delves into the nexus between international law, State sovereignty, and ICT threats, along with the progression of cyberspace sovereignty. Through qualitative analysis of primary and secondary sources, it examines the application of existing international law in the digital landscape. By scrutinizing these intricacies, the paper endeavors to comprehend the contemporary challenges posed to international law and explore potential resolutions.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140075972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Book Review of Surya P. Subedi (ed.), Unilateral Sanctions in International Law 对 Surya P. Subedi（编辑）《国际法中的单方面制裁》的书评

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-01 DOI: 10.1093/chinesejil/jmae008

Mohd Imran

引用次数: 0

Military Alliances under International Law 国际法下的军事联盟

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-03-01 DOI: 10.1093/chinesejil/jmae006

Ka Lok Yip

{"title":"Military Alliances under International Law","authors":"Ka Lok Yip","doi":"10.1093/chinesejil/jmae006","DOIUrl":"https://doi.org/10.1093/chinesejil/jmae006","url":null,"abstract":"While military alliances have always been an important subject of research in international relations, relatively little study has been conducted on them in international law. Even though military alliances have been featured in the wider discussions on regional orders under international law, little systematic effort has been made to assess the extent to which various actions that are routine for or structured into the design and operation of military alliances are compatible with international law. This article aims to fill this gap by examining the implications of certain activities of military alliances under three areas of international law and is divided into three substantive sections. The first section examines how activities such as military exercises, force concentration and coercive demands, when undertaken by a military alliance, could heighten the risk of their violation of the prohibition of the threat of force under the UN Charter. The second section examines how certain standing arrangements of military alliances pre-dispose them to intervene in civil strife in allies or potential allies in potential violation of the norm against intervention in the domestic affairs of another State. The third section examines how, despite their often-explicit deference to the UN Charter, military alliances operate in tension with the collective security architecture of the UN and suggests ways to harmonise them. The article concludes that the sovereign rights of States to form military alliances do not create a carte blanche for military alliances to operate freely from any restraint of international law and calls for a more proactive approach to maintaining international peace and security in view of the complex nature of certain activities of military alliances under international law.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140019001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0