Chinese Journal of International Law最新文献_第2页

Better Ballast Water Discharge Initiative: A Need for Cooperation 更好的压载水排放倡议：需要合作

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2024-01-22 DOI: 10.1093/chinesejil/jmae001

Yen-Chiang Chang, Seokwoo Lee, Jie Sun

引用次数: 0

How Urgent is Urgent?—Statistical Analysis of Procedural Urgency in Provisional Measures at the International Court of Justice 紧急有多急？--国际法院临时措施程序紧急性的统计分析

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-12-24 DOI: 10.1093/chinesejil/jmad047

Miłosz Gapsa

引用次数: 0

Grouphood Promotion v. Grouphood Destruction: China’s Regional Ethnic Autonomy as Antithesis to Genocidal Intent 促进民族团结与破坏民族团结：中国民族区域自治与种族灭绝意图的对立统一

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-12-23 DOI: 10.1093/chinesejil/jmad048

Sienho Yee

{"title":"Grouphood Promotion v. Grouphood Destruction: China’s Regional Ethnic Autonomy as Antithesis to Genocidal Intent","authors":"Sienho Yee","doi":"10.1093/chinesejil/jmad048","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad048","url":null,"abstract":"China’s ethnic policy is characterized by a strong promotion of ethnic equality and unity and regional ethnic autonomy under the unified multi-ethnic State framework. With regional ethnic autonomy at its core, this is a policy of precision autonomy and grouphood promotion. On the other hand, genocide is a crime of grouphood destruction, committed with the specific intent (dolus specialis) to “destroy, in whole or in part, a national, ethnical, racial or religious group, as such”. An examination of the main tenets of China’s ethnic policy and the specific intent element of the crime of genocide makes it crystal clear that, instead of aiming to “destroy, in whole or in part, a national, ethnical, racial or religious group, as such”, China’s ethnic policy aims to do the opposite, i.e., to promote the perception of the grouphood, the wellbeing and flourishing of every ethnic group. China’s policy of ethnic equality and unity and regional ethnic autonomy under the unified multiethnic State framework is thus the antithesis to genocidal intent of grouphood destruction. The increase of the Uygur population from 2.2 million to 12 million and of the life expectancy of the group from 30 to 74.7 years in Xinjiang over the past 60 years and the idolization of Uygur actors and actresses in China and beyond put on conspicuous display the successful reality of this policy.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139162946","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

Chronology of Practice: Chinese Practice in Private International Law in 2022 实践年表：2022 年中国在国际私法领域的实践

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-12-19 DOI: 10.1093/chinesejil/jmad043

{"title":"Chronology of Practice: Chinese Practice in Private International Law in 2022","authors":"","doi":"10.1093/chinesejil/jmad043","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad043","url":null,"abstract":"\u0000 This survey contains materials reflecting the Chinese practice of private international law in 2022. Firstly, the changes in the statutory framework of private international law in China include two legislative acts and one administrative regulation. Moreover, three international treaties in this regard were ratified by the National People’s Congress. Secondly, three judicial interpretations of the Supreme People’s Court (“SPC”) were adopted or amended, and 56 typical cases in six judicial documents on different topics were issued by the SPC. Thirdly, four typical cases on Chinese courts’ jurisdiction; 14 cases on choice of laws on various issues such as foreign investment contracts and negative lists, rights in rem, life insurance contracts and mandatory rules; one case on international judicial assistance rendered to an Argentinean court; three cases on interim measures; three cases on the recognition and enforcement of foreign judgments; nine cases on international arbitration including international sports arbitration and foreign awards, are selected in this survey for their emerging significance. Fourthly, the provisions regarding the extraterritorial application of Chinese laws have been identified for the first time in this series of surveys, shedding light on this aspect of private international law in China. They include those contained in, inter alia, China’s Anti-Monopoly Law, Anti-foreign Sanctions Law, Export Control Law, Securities Law, the Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures, as well as the Provisions on the Unreliable Entity List.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138962277","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 Mario J. A. Oyarzábal, The Influence of Public International Law upon Private International Law in History and Theory and in the Formation and Application of the Law Mario J. A. Oyarzábal, The Influence of Public International Law on Private International Law in History and Theory and in the Formation and Application of the Law 的书评

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-12-09 DOI: 10.1093/chinesejil/jmad046

Xifeng Chen

引用次数: 0

Book Review of Luke D. Graham, International Human Rights Law and Destitution Luke D. Graham 的书评：《国际人权法与赤贫》（International Human Rights Law and Destitution

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-11-24 DOI: 10.1093/chinesejil/jmad045

M. Khan

引用次数: 0

A Battle of the Big Three?—Competing Conceptualizations of Personal Data Shaping Transnational Data Flows 三巨头之争--塑造跨国数据流的个人数据概念之争

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-11-23 DOI: 10.1093/chinesejil/jmad040

Raymond Yang Gao

{"title":"A Battle of the Big Three?—Competing Conceptualizations of Personal Data Shaping Transnational Data Flows","authors":"Raymond Yang Gao","doi":"10.1093/chinesejil/jmad040","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad040","url":null,"abstract":"In the unfolding digital era, personal data has increasingly been conceptualized in a hybrid way, primarily drawing on notions of economics, privacy, and national security. Such a sui generis nature makes personal data something of its own category, opening the door to different conceptualizations by different actors. This article identifies three primary conceptualizations of personal data adopted by three major powers (the US, the EU, and China) with respect to cross-border data transfers—namely, a factor of production, an embodiment of fundamental rights, and an element of national security. Highlighting different attributes of personal data, these conceptualizations differ in what they understand personal data to be, how they address the relationship between individuals, their data, and the governments, as well as what they frame as the most important normative goals for regulatory interventions. Moreover, these conceptualizations are embedded in different philosophies and ideologies, ranging from neo-liberalism to human rights and to sovereignty. These irreducible normative elements render the contestations among such conceptualizations unable to be easily resolved. Further, divergent conceptualizations of personal data mandate and justify different legal paradigms to institutionalize their basic logics and policy choices. Built on different primary conceptualizations of personal data, three major legal paradigms compete to regulate cross-border personal data flows: a trade paradigm, a privacy paradigm, and a security paradigm. Aligned with its major conceptual framing of personal data, a great power often embraces a particular paradigm as its dominant approach to regulate cross-border transfers of personal data. These paradigms strive to provide legal and regulatory solutions (including legal prescriptions, regulatory institutions, and enforcement tools) to address the salient problems identified and framed by different conceptualizations of personal data.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139245718","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 Emily Jones, Feminist Theory and International Law: Posthuman Perspectives 《女权主义理论与国际法:后人类视角》艾米丽·琼斯书评

4区社会学

Chinese Journal of International Law Pub Date : 2023-11-09 DOI: 10.1093/chinesejil/jmad044

Muneeba Javid, Yen-Chiang Chang

引用次数: 0

Book Review of Ming Du, The Regulation of Product Standards in World Trade Law 杜明书评:《世界贸易法中的产品标准规制》

4区社会学

Chinese Journal of International Law Pub Date : 2023-10-19 DOI: 10.1093/chinesejil/jmad041

Yi Liang

引用次数: 0

States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements 作为(投资)条约主人的国家:联合解释性声明的兴起

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2023-09-06 DOI: 10.1093/chinesejil/jmad030

Lucas Clover Alcolea

{"title":"States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements","authors":"Lucas Clover Alcolea","doi":"10.1093/chinesejil/jmad030","DOIUrl":"https://doi.org/10.1093/chinesejil/jmad030","url":null,"abstract":"\u0000 Joint Interpretative Statements have grown in popularity in recent years as a tool States can use to authoritatively interpret, or reinterpret, investment treaties with the seminal case being NAFTA but provisions for making them have been included in numerous investment treaties and India, Colombia, France, Mauritius, and the EU member States themselves have recently entered into joint interpretative statements. The CETA Joint Committee would also appear to be close to issuing its first “decision” which, in effect, is a joint interpretative statement. Despite this growth, in general, investment tribunals are ill-equipped to apply such statements and, as case studies analyzed in the article show, often commit serious errors when deciding cases involving them. These errors include not applying the relevant articles of the Vienna Convention on the Law of Treaties (VCLT), failing to consider decisions by international tribunals, including the ICJ, regarding joint interpretative statements, and ignoring “the teachings of the most highly qualified publicists” with respect to such statements. These failings risk undermining States’ legitimate use of joint interpretative statements, as well as eroding the legitimacy of the ISDS system as a whole, due to repeated misinterpretations and misstatements of the applicable law. This paper aims to respond to the crisis by firstly setting out the relevant international law principles, with these being found primarily in the VCLT, secondly outlining when and how tribunals, and on occasion State courts, have fallen short in their analysis of said principles, and thirdly outlining various possible “futures” for joint interpretative statements, as well as suggesting means by which States might ensure that they are properly applied.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48443167","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