Chinese Journal of International Law最新文献_第9页

OUP accepted manuscript OUP接受稿件

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2022-01-01 DOI: 10.1093/chinesejil/jmac006

引用次数: 1

OUP accepted manuscript OUP接受稿件

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2022-01-01 DOI: 10.1093/chinesejil/jmac005

引用次数: 0

OUP accepted manuscript OUP接受稿件

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2022-01-01 DOI: 10.1093/chinesejil/jmac011

引用次数: 0

Acquiescence and Its Role in the Settlement of Island Disputes: “Silence May also Speak”, But to What Extent? 默许及其在岛屿争端解决中的作用:“沉默也能说话”，但在多大程度上?

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-25 DOI: 10.1093/chinesejil/jmab033

SONG Yan

引用次数: 0

Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes Emilia Justyna Powell，伊斯兰法与国际法——和平解决争端

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-20 DOI: 10.1093/CHINESEJIL/JMAB024

Wei Xiao-meng

{"title":"Emilia Justyna Powell, Islamic Law and International Law Peaceful Resolution of Disputes","authors":"Wei Xiao-meng","doi":"10.1093/CHINESEJIL/JMAB024","DOIUrl":"https://doi.org/10.1093/CHINESEJIL/JMAB024","url":null,"abstract":"!e question whether the Western approach to international law dominates in the \"eld of public intentional law is a very current issue. One of the attempts of tackling this problem can be found in the recent Anthea Roberts’ book entitled Is International Law International?,13in which the author concludes that international law is not international to the extent we believe it to be. Even though Roberts’ work is comprehensive, the only non-Western countries covered are China and Russia. None of MENA states are taken into account. !erefore, the reviewed monograph by Emilia Justyna Powell has been much anticipated and needed work that \"lls an important gap in the international law scholarship. Reading Islamic Law and International Law is to immerse oneself in a private quest of the author who very much often uses the pronoun “I” when writing about what will be put forward before a reader. !is might be a little disconcerting as one is not used to such personal endeavors in the legal scholarship. It might also be regarded as a deviation from objectivity, which is inherent to the legal scholarship. It redirects the attention of a reader towards the author instead of the work that she had undertaken. Fortunately, once a reader gets accustomed to such form of a narrative, the focus is redirected to the research presented. Furthermore, the title of the book suggests much narrower scope, which might discourage some of the readers interested in a broader interaction of Islamic law and international law from picking up the position. While the monograph is devoted to dispute resolution, it also covers more general issues. In addition, Powell also includes a comparative study of non-Islamic states and their behavior when engaged in international disputes. !e book itself has a clear and concise structure. It is divided into eight chapters, including introduction and conclusions. !e introduction starts with setting the scene by way of assessing the importance of understanding Islamic law in the context of","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47423647","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

Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal? 法律地位与公益诉讼——所有违反“普遍法”的行为都是平等的吗?

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-16 DOI: 10.1093/chinesejil/jmab030

Tom Ruys

{"title":"Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal?","authors":"Tom Ruys","doi":"10.1093/chinesejil/jmab030","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab030","url":null,"abstract":"Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly politicized and mediatized cases involving figures such as Julian Assange or Jamal Khashoggi. An alluring prospect to some; lex horrenda for others? The present paper tackles two questions that arise in this context. First, are such proceedings subject to the same admissibility requirements as applicable to the exercise of diplomatic protection (as the ILC has suggested in the past)? Second, is or should public interest litigation be limited to serious and widespread breaches, to the exclusion of more “isolated” ones? With regard to the first question, it is argued that the duty to exhaust local remedies applies mutatis mutandis to public interest litigation, but that the nationality requirement does not. As to the second question, the analysis concludes that a negative answer is in order.","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138510246","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

Is China Guilty of Committing Genocide in Xinjiang? 中国在新疆犯下种族灭绝罪有罪吗？

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-12 DOI: 10.1093/chinesejil/jmab029

J. Slawotsky

{"title":"Is China Guilty of Committing Genocide in Xinjiang?","authors":"J. Slawotsky","doi":"10.1093/chinesejil/jmab029","DOIUrl":"https://doi.org/10.1093/chinesejil/jmab029","url":null,"abstract":"1. Defending human rights and preventing international crimes, such as genocide, constitute paramount imperatives of all nations. In recent years, China has been accused of genocide in the context of her policies in Xinjiang Uyghur Autonomous Region (Xinjiang) with respect to the Uyghurs, an ethnic minority residing primarily in Xinjiang. Uyghurs have been summoned to housing centers located in Xinjiang where they are taught the Chinese language, sing patriotic songs, and educated on Chinese society. Uyghurs who have been released and reside outside of China and some who have sent messages while housed in these facilities have complained of mistreatment at these centers. Critics contend that China is committing genocide against Uyghurs at the housing centers (referred to by some as “concentration camps”) inspiring unofficial trials in the U.K. 2. China vigorously disputes that she is engaged in genocide and argues that the implementation of strict disciplinary policies in Xinjiang are necessary and legitimate responses to horrific terrorist attacks in Xinjiang, Beijing and other locations inside China by Uyghur separatists fueled by religious fanaticism. China argues that her Xinjiang policies target religious extremism and discharge a governmental obligation to defend security and public order as well as to ensure legal compliance with domestic law. China also claims that the policies’ intent is to promote the success of Uyghurs in Chinese society, which is the antithesis of genocide. 3. This essay will address a focused issue: are the claims that China is engaged in a genocide against the Uyghurs in Xinjiang legitimate or unfair? While allegations of genocide in Xinjiang are trendy and almost “PC”, lawyers have a particular","PeriodicalId":45438,"journal":{"name":"Chinese Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43466607","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: 1

Philipp Hacker, Ioannis Lianos, Georgios Dimitropoulos, and Stefan Eich (eds.), Regulating Blockchain: Techno-Social and Legal Challenges Philipp Hacker, Ioannis Lianos, Georgios Dimitropoulos和Stefan Eich(编)，规范区块链:技术社会和法律挑战

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-08 DOI: 10.1093/chinesejil/jmab025

T. Menteshashvili

引用次数: 1

Political Life of Treaties: Indeterminacy, Interpretation and Political Consequences 条约的政治生活:不确定性、解释和政治后果

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-05 DOI: 10.1093/chinesejil/jmab026

Alexander Orakhelashvili

引用次数: 0

Simon Klopschinski, Christopher Gibson and Henning Grosse Ruse-Khan, The Protection of Intellectual Property Rights Under International Investment Law Simon Klopschinski, Christopher Gibson, Henning Grosse Ruse-Khan，《国际投资法下的知识产权保护》

IF 1 4区社会学

Chinese Journal of International Law Pub Date : 2021-10-03 DOI: 10.1093/chinesejil/jmab027

Jun Zhao, Yuxin Liu

引用次数: 1