Chinese Journal of Transnational Law最新文献

Milestone of China's Foreign-Related Legislation – A Review of the Law of the People's Republic of China on Foreign Relations 中国涉外立法的里程碑--《中华人民共和国对外关系法》述评

Chinese Journal of Transnational Law Pub Date : 2024-07-23 DOI: 10.1177/2753412x241261028

Huikang Huang

引用次数: 0

Reading China's Global Security Initiative Through an International Legal Lens 从国际法角度解读中国的全球安全倡议

Chinese Journal of Transnational Law Pub Date : 2024-03-25 DOI: 10.1177/2753412x241240259

Ka Lok Yip

{"title":"Reading China's Global Security Initiative Through an International Legal Lens","authors":"Ka Lok Yip","doi":"10.1177/2753412x241240259","DOIUrl":"https://doi.org/10.1177/2753412x241240259","url":null,"abstract":"Closely related to China's response to Russia's full-scale invasion of Ukraine in 2022, the Global Security Initiative (‘GSI’) has attracted attention to its vision on the current international legal order. This essay examines three major themes of the GSI through an international legal lens: common security, sovereign equality and the amorphous idea of ‘legitimate security interest’. Firstly, it highlights the risk that the notion of common security and the related emphasis on ‘major countries’ relationship in the GSI could be abused to justify state oppression of domestic population or major countries’ domination over ‘minor countries’ and proposes a reading to limit these concepts to promoting peace-making efforts led by states, particularly ‘major countries’, with cascading effects on other countries in conflicts. Secondly, it argues that the GSI's re-emphasis on sovereign equality usefully counters unilateralism and should be interpreted not retrospectively to avoid accountability but prospectively to combat impunity for serious violations of international law. Thirdly, it argues that while the notion of legitimate security interest may be irrelevant to the prohibition of the use of force in international relations, it could be a useful consideration in discharging states’ obligation to settle international disputes peacefully.","PeriodicalId":479981,"journal":{"name":"Chinese Journal of Transnational Law","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140382248","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}

引用次数: 0

Book Review: Liangxi Guojizuzhifa [梁西国际组织法（第八版）] [Liangxi's Law of International Organizations — Principles and Practice] by Liang Xi, Updated and Augmented by Yang Zewe 书评：梁西国际组织法（第八版）》[Liangxi Guojizuzhifa [Liangxi's Law of International Organizations - Principles and Practice] by Liang Xi, Updated and Augmented by Yang Zewe

Chinese Journal of Transnational Law Pub Date : 2024-03-15 DOI: 10.1177/2753412x241240264

Gang Tang

引用次数: 0

Book Review: Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study by A Reyes and W Gu 书评：解决国际争端的多层次方法：A Reyes 和 W Gu 合著的《全球比较研究

Chinese Journal of Transnational Law Pub Date : 2024-02-12 DOI: 10.1177/2753412x241228929

Weimin Shi

引用次数: 0

Book Review: Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study by A Reyes and W Gu 书评：解决国际争端的多层次方法：A Reyes 和 W Gu 合著的《全球比较研究

Chinese Journal of Transnational Law Pub Date : 2024-02-12 DOI: 10.1177/2753412x241228929

Weimin Shi

引用次数: 0

Consensus and Compulsion: The Extra-territorial Effect of Chinese Judicial and Specially-Invited Mediation in Common Law Countries 共识与强制：中国司法调解和特邀调解在英美法系国家的域外效力

Chinese Journal of Transnational Law Pub Date : 2024-01-31 DOI: 10.1177/2753412x231222587

Jie (Jeanne) Huang

{"title":"Consensus and Compulsion: The Extra-territorial Effect of Chinese Judicial and Specially-Invited Mediation in Common Law Countries","authors":"Jie (Jeanne) Huang","doi":"10.1177/2753412x231222587","DOIUrl":"https://doi.org/10.1177/2753412x231222587","url":null,"abstract":"This article conducts exhaustive research on case law in major common law jurisdictions (Australia, Canada, Hong Kong, New Zealand, Singapore, the UK, and the US) regarding the recognition and enforcement of Chinese judicial mediation decisions (MTS). In contrast to the rich literature criticizing the systematic deficiency of Chinese judicial mediation where an adjudicator plays the dual role of mediator and judge in the same case and the consequent injustice to the parties, the deficiency is not an issue currently in recognition and enforcement of MTS in common law jurisdictions. Why is this so and what would be the future trend? Answering these questions, this article explores the recent expansion from judicial mediation to Specially-Invited Mediation at the people's courts in China and discusses whether the features of Specially-Invited Mediation impact the recognition and enforcement of MTS at the common law jurisdictions. It also addresses controversies on applicable law, challenges to the enforceability of civil liability clauses, debates on the finality of MTS, and recognition and enforcement of MTS under China's judicial assistance agreements, the Hague Choice-of-Court Convention, the Hague Judgments Convention, and the Singapore Mediation Convention.","PeriodicalId":479981,"journal":{"name":"Chinese Journal of Transnational Law","volume":"320 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140472252","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}

引用次数: 0

Book review: Zhongguo Yingdui “Quanmian Yu Jinbu Kuataipingyang Huoban Guanxi Xieding” Dianzi Shangwu he Shuzi Maoyi Yunxing Guize de Yanjiu [中国应对《全面与进步跨太平洋伙伴关系协定》电子商务和数字贸易运行规则的研究][China and International E-commerce and Digital Trade Law: the Case of CPTPP] by Jeanne (Jie) Huang Book review: Zhongguo Yingdui “Quanmian Yu Jinbu Kuataipingyang Huoban Guanxi Xieding” Dianzi Shangwu he Shuzi Maoyi Yunxing Guize de Yanjiu [中国应对《全面与进步跨太平洋伙伴关系协定》电子商务和数字贸易运行规则的研究][China and International E-commerce and Digital Trade Law: the Case of CPTPP] by Jeanne (Jie) Huang

Chinese Journal of Transnational Law Pub Date : 2023-11-08 DOI: 10.1177/2753412x231211100

Qirui Chi

引用次数: 0

Consumer Jurisdiction and Choice of Law Rules in European and Chinese Private International Law 欧洲与中国国际私法中的消费者管辖权与法律规则选择

Chinese Journal of Transnational Law Pub Date : 2023-09-21 DOI: 10.1177/2753412x231200163

Zhen Chen

{"title":"Consumer Jurisdiction and Choice of Law Rules in European and Chinese Private International Law","authors":"Zhen Chen","doi":"10.1177/2753412x231200163","DOIUrl":"https://doi.org/10.1177/2753412x231200163","url":null,"abstract":"This article compares consumer jurisdiction and choice of law issues in China and the EU. It aims to answer the following questions. What is the notion of consumer? Are farmers, package travel tourists and timeshare tourists consumers? Are dual-purpose contracts consumer contracts? Is a consumer jurisdiction rule needed in China and if yes, under what ground and with what conditions? Is choice of court agreement in consumer contracts valid? How to limit the exercise of party autonomy and what role mandatory provisions may play? Shall consumer contract and tort claims be subject to the same applicable law? Based on a comparative analysis with European law, this article concludes that to improve cross-border consumer protection, China should reform its law to include package travel contracts and timeshare contracts into consumer contracts and determine the nature of dual-purpose contracts pursuant to their primary purpose. Moreover, the current limitation on party autonomy should be lifted by providing freedom to both parties and relying on mandatory provisions as a safety valve. The consumer choice of law rule and its interaction with the general contract choice of law and tort choice of law rule needs to be reexamined.","PeriodicalId":479981,"journal":{"name":"Chinese Journal of Transnational Law","volume":"145 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136236822","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}

引用次数: 0