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| 1 |
ID:
098768
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| Publication |
2010.
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| Summary/Abstract |
This survey covers materials reflecting Chinese practice in 2009 relating to: I. Fundamental principles of international law (Five principles of peaceful coexistence; Rule of law at the national and international levels); II. International law of the treaties (Reservation to treaties); III. China's territorial integrity (Taiwan; Tibet; Disputed territories with India; Diaoyu Island and its adjacent islets; Xisha Islands; Nansha Islands and Huangyan Island in Zhongsha Islands; Danwan Reef in Nansha Islands); IV. International law of the sea [Development of Tianwaitian oil and gas field in the East China Sea; China's continental shelf beyond 200 nautical miles; Position on Japan's Submission to the Commission on the Limits of the Continental Shelf; Position on the Joint Submission by Malaysia and the Socialist Republic of Vietnam to the Commission on the Limits of the Continental Shelf; Position on the Submission by the Socialist Republic of Vietnam to the Commission on the Limits of the Continental Shelf; Position on the delimitation of the outer continental shelf beyond 200 nautical miles; US Navy surveillance vessel's activities in China's exclusive economic zone (EEZ); International Seabed Authority; International Tribunal for the Law of the Sea (ITLOS); International fisheries conservation and management; Maritime security and freedom of navigation; Somali piracy]; V. International law on civil aviation (Inapplicability of 1929 Warsaw Convention; Applicability of the 1929 Warsaw Convention; Application of Security Manual for Safeguarding Civil Aviation against Acts of Unlawful Interference of the ICAO); VI. International law on outer space (Peaceful use of outer space; International cooperation in peaceful use of outer space); VII. International human rights law [General positions on human rights; Submission of first national report to the Universal Periodic Review (UPR); Submission of the 10th, 11th, 12th and 13th periodic reports to the Committee on the Elimination of Racial Discrimination (CERD); Implementation of human rights instruments; Office of High Commissioner for Human Rights (OHCHR); National Human Rights Action Plan; Expulsion of aliens; The case of Akmal Shaikh; Refugees; Urge to repatriate Uighur terrorist suspects in Guantanamo to China; Death penalty on Tibetan criminals in Lhasa March 14 Incident; Re-education through Labour (RTL); Rights of the child; Rights of the persons with disabilities; China re-elected to the UN Human Rights Council; Chinese member re-elected to the Committee against Torture (CAT)]; VIII. International humanitarian law (Respect for international humanitarian law; Protection of women in armed conflicts; Protection of civilians in armed conflicts; Christie's auction of Yuanmingyuan relics/return or restitution of cultural property to the countries of origin; Memorandum of Understanding concerning the Imposition of Import Restrictions on Categories of Archaeological Materials from the Paleolithic Period through the Tang Dynasty and Monumental Sculpture and Wall Art at Least 250 Years Old with the United States of America; Right of the Chinese citizens to claim compensation in the 1972 Sino-Japan Joint Statement); IX. International law on disasters (Protection of persons in the event of disasters; Humanitarian and disaster relief assistance of the United Nations); X. International law on disarmament, non-proliferation and arms control [Nuclear non-proliferation and nuclear disarmament; Biological Weapons Convention; Convention on Certain Conventional Weapons (CCW); CCW/landmines; CCW/explosive remnants of war; CCW/cluster munitions; Small arms and light weapons (SALW); Arms Trade Treaty (ATT)]; XI. International criminal law [The Bashir case before International Criminal Court (ICC); Scope and application of universal jurisdiction; Responsibility to protect; Criminal accountability of United Nations officials and experts on mission; Measures to eliminate international terrorism; Taking
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| 2 |
ID:
107084
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| Publication |
2011.
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| Summary/Abstract |
This survey covers materials reflecting Chinese practice in 2010 relating to: I. Fundamental principles of international law (Five principles of peaceful coexistence; Rule of law at the national and international levels); II. International law of treaties (Effects of armed conflicts on treaties; Mr. HUANG Huikang elected as member of the International Law Commission (ILC); China-DPRK Treaty of Friendship, Cooperation and Mutual Assistance); III. China's territorial integrity (China's core interest; Taiwan; Tibet; Diaoyu Island and its affiliated islands; Xisha Islands; Nansha Islands); IV. International law of the sea (General position; Development of the Chunxiao oil and gas field in the East China Sea; Military activities in the Yellow Sea; Freedom of navigation in the South China Sea; Nature of the Douglas Reef (Okinotori Reef); Somali piracy); V. International law on civil aviation (Beijing Convention and Protocol on Aviation Security); VI. International human rights law (General position on human rights; Racism and self-determination; Human organ transplantation; Freedom of information; Call for repatriation of Uighur terrorist suspects in Guantanamo to China; Expulsion of aliens; North Korean asylum seekers; UN High Commissioner for Refugee (UNHCR); Human Rights Council; Implementation of human rights instruments); VII. International humanitarian law (Protection of civilians in armed conflicts; Occupied Arab territories; Humanitarian assistance; The 1972 Sino-Japan Joint Statement); VIII. International law on disasters (Protection of persons in the event of disasters); IX. International law on arms control, disarmament and non-proliferation (General position; Ratification of CCW Protocol on Explosive Remnants of War); X. International criminal law (The International Criminal Court (ICC); The Bashir case; Scope and application of universal jurisdiction; Measures to eliminate international terrorism; Ratification of the International Convention for the Suppression of Acts of Nuclear Terrorism; Bilateral treaty on extradition with Indonesia; The Park Joo-tark extradition case; Hacking and other cyber attack; Transnational organized crime; International drug control; Anti-corruption); XI. International environmental law (Climate change; Prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm; Use of water resources of Mekong River); XII. International law on diplomatic and consular relations (Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations; Responsibility of States to ensure protection of diplomatic personnel and premises; Diplomatic asylum; Ratification of bilateral consular agreements with the Philippines and Cambodia; The Rio Tinto case and bilateral consular agreement with Australia); XIII. International law on international organizations (Role of UN and its reforms; UN peacekeeping operations; Regional cooperation of Northeast Asia); XIV. International law on settlement of disputes (Shelling of Yeonpyeong Island incident; International Court of Justice (ICJ); Kosovo advisory case before the ICJ; Ms. XUE Hanqin Elected as Member of the ICJ).
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| 3 |
ID:
109205
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| Publication |
2011.
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| Summary/Abstract |
This part supplemented materials reflecting Chinese practice in 2010 relating to: I. International Law of the Sea (Responsibility and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the International Seabed Area; Arctic Cooperation); II. International Law on Outer Space (Peaceful Use of Outer Space); III. International Criminal Law (Crime of Aggression); IV. International Environmental Law (Climate Change).
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| 4 |
ID:
122805
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| Publication |
2012.
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| Summary/Abstract |
This Survey covers materials reflecting Chinese practice in 2011 relating to: I. Fundamental principles of international law (principles of non-use of force; principle of peaceful settlement of international disputes; principle of non-intervention of internal affairs; rule of law at the national and international levels); II. International law of treaties (reservations to treaties; effects of armed conflicts on treaties); III. Recognition of new states and governments (Republic of South Sudan; Libyan National Transitional Council); IV. State immunity; V. China's territorial integrity (Taiwan; Tibet; China-India border issue; Diaoyu Island and its affiliated islands; Nansha Islands); VI. Polar regions (Antarctic; Arctic); VII. International law of the sea (general position; Chunxiao oil and gas field in East China Sea; South China Sea; China-Vietnam Agreement on Basic Principles Guiding Settlement of Sea Issues; marine environment; marine biodiversity beyond areas of national jurisdiction; sustainable fisheries; Commission on the Limits of the Continental Shelf; International Seabed Authority; International Tribunal for the Law of the Sea; Somalia piracy); VIII. International law on outer space; IX. International human rights law (General position; rights of the child; Human Rights Council; Implementation of human rights instruments); X. International humanitarian law (protection of civilians in armed conflicts); XI. International law on disasters (protection of persons in the event of disasters); XII. International law on arms control, disarmament and non-proliferation (general position; Protocol to the Southeast Asia Nuclear-Weapon-Free Zone Treaty; abandoned Japanese chemical weapons in China; landmines); XIII. International criminal law (International Criminal Court; the Bashir case; Mr. LIU Daqun elected as judge of international residual mechanism for criminal tribunals; UN Special Tribunal for Lebanon; scope and application of universal jurisdiction; immunity of state officials from foreign criminal jurisdiction; measures to eliminate international terrorism; decision on issues concerning strengthening anti-terrorism work; ratification of China-Russia Agreement on Cooperation in Fighting against Terrorism, Separatism and Extremism; UN investigation of war crimes in Sri Lanka; law enforcement cooperation along the Mekong River among China, Laos, Myanmar and Thailand; Bilateral Treaty on Extradition and Treaty on Assistance in Criminal Matters with Italy; transfer of a British suspect of pornographic crimes to the United Kingdom; transnational organized crime; international drug control; international code of conduct for information security); XIV. International environmental law (climate change; joint statement on EU's inclusion of aviation into EU emission trading scheme between China and Russia; effects of atomic radiation; use of water resources of cross-border rivers); XV. International law on international organizations (responsibility of international organizations; role of UN and its reforms; UN financing; UN peacekeeping operations; Mr. HUANG Huikang elected as member of the International Law Commission; establishment of Trilateral Cooperation Secretariat; ratification of the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia); XVI. International law on settlement of disputes (International Court of Justice (ICJ); Ms XUE Hanqin elected as member of the ICJ).
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| 5 |
ID:
133977
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| Publication |
2014.
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| Summary/Abstract |
This Survey covers materials reflecting Chinese practice in 2013 relating to: Fundamental Principles of International Law (The Principle of Equality of State Sovereignty; Permanent Sovereignty over Natural Resources; Prohibition of Threat or Use of Force; Peaceful Settlement of International Disputes; Non-intervention in Internal Affairs); Sources of International Law (Identification of Customary International Law; Guide to Practice on Reservations to Treaties; Provisional Application of Treaties); Relationship between International Law and Chinese Law (Act on Administration of Tax Collection Revised; Act on the Prevention and Control of Environmental Pollution by Solid Wastes Revised; Act on Seed Revised; Act on Animal Epidemic Prevention Revised; Act on Trade Mark Revised; Act on Fishery Revised; Act on Marine Environment Protection Revised; Act on Customs Revised); Recognition of New States (Palestine; Kosovo); Jurisdiction and Immunity (Scope and Application of Universal Jurisdiction; Immunity of State Officials from Foreign Criminal Jurisdiction); China's Territorial Integrity (Taiwan; Tibet; China-India Border; Diaoyu Island and its Affiliated Islands; Nansha Islands); Polar Regions (Arctic Council; Antarctic Treaty); International Law of the Sea (Submission to the Commission on the Limits of the Continental Shelf in part of the East China Sea; Commission on the Limits of the Continental Shelf (CLCS); International Seabed Authority (ISA); International Tribunal for the Law of the Sea (ITLOS); Marine Biodiversity beyond Areas of National Jurisdiction; Reorganization of State Ocean Administration); International Air and Space Law (Establishment of Air Defense Identification Zone in East China Sea; Peaceful Use of Outer Space; Transparency and Confidence-Building Measures in Outer Space; International Code of Conduct for Outer Space Activities); International Cyberspace Law (International Code of Conduct for Information Security; Cyber Crime); Aliens (Regulation on Administration of Exit and Entry); International Human Rights Law (Universal Periodic Review; Office of the High Commissioner for Human Rights (OHCHR); International Covenant on Civil and Political Rights (ICCPR); Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT); Convention on the Rights of the Child (CRC); Human Rights Treaty Bodies and Their Reform; Rights of Indigenous Peoples; Action Plan for Fighting Human Trafficking (2013-2020)); International Humanitarian Law (Protection of Civilians in Armed Conflicts; Protection of Journalists in Armed Conflicts); International Law on Disasters (Protection of Persons in the Event of Disasters); International Law on Arms Control, Disarmament and Non-proliferation (Nuclear Disarmament and Non-Proliferation; Chemical Weapons Convention; Biological Weapons Convention (BWC); Convention on Certain Conventional Weapons (CCW); Amended Protocol II to the CCW; Ottawa Convention; Convention on Cluster Munitions (CCM); Protocol V to the CCW (ERW); Improvised Explosive Devices (IEDs); Lethal Autonomous Robots; Arms Trade Treaty (ATT); Small Arms and Light Weapons; Conference on Disarmament (CD)); International Criminal Law (Crimes against Humanity; International Criminal Court (ICC); ICTY and ICTR; UN Comprehensive Convention against Terrorism; Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Exercises by Member States of the Shanghai Cooperation Organization; Agreement on the Procedure for Organizing and Conducting Joint Anti-Terrorist Operations within Member States of the Shanghai Cooperation Organization; Trafficking in Cultural Property; Ratification of the Treaty on Transfer of the Convicted between the People's Republic of China and the Republic of Kyrgyzstan; International Criminal Judicial Assistance and Police Cooperation); International Environmental Law (Climate Change; Sustainable Development; Protection of Atmosphere; Action Plan on Air Pollutio
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| 6 |
ID:
141487
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| Summary/Abstract |
This survey covers materials reflecting Chinese practice in 2014 relating to: fundamental principles of international law (five principles of peaceful coexistence); sources of international law (identification of customary international law); China's territorial integrity (Tibet; Diaoyu Island and its affiliated islands; Xisha Islands; Nansha Islands; China-India Memorandum of Understanding on Hydrological Data Sharing on the Yaluzangbu River; China-Pakistan agreement on border ports and their management system); international law of the sea (contracts with International Seabed Authority); outer space law (updated Text of Draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force Against Outer Space Objects; non-legally binding United Nations instruments on outer space); international cyperspace law (international law in cyberspace); aliens (expulsion of aliens); international human rights law (general positions on human rights; Human Rights Council; Office of the High Commissioner for Human Rights; International Covenant on Economic, Social, and Cultural Rights; Convention on the Elimination of All Forms of Discrimination against Women; human rights treaty bodies; right of self-determination; death penalty; rights of indigenous peoples); international humanitarian law (status of the Protocols Additional to the Geneva Conventions of 1949; protection of civilians in armed conflicts; protection of humanitarian workers in armed conflicts; Japan's forceful draft of “comfort women” during WWII; children and armed conflict); international law on disasters (protection of persons in the event of disasters; humanitarian and disaster relief assistance); international law on arms control, disarmament and non-proliferation (nuclear disarmament and non-proliferation; Chemical Weapons Convention; Biological Weapons Convention; Convention on Certain Conventional Weapons; Amended Protocol II to the CCW; Protocol V to the CCW (Explosive Remnants of War); improvised explosive devices; Convention on Cluster Munitions; Arms Trade Treaty; small arms and light weapons); international criminal law (International Criminal Court; scope and application of universal jurisdiction; the obligation to extradite or prosecute (aut dedere aut judicare); immunity of State officials from foreign criminal jurisdiction; UN Convention against Transnational Organized Crimes; ratification of Convention against Terrorism of the Shanghai Cooperation Organization; ratification of the treaties on extradition with Iran and Afghanistan; ratification of the Treaty on Mutual Judicial Assistance in Criminal Matters between China and Argentina; completion of negotiation and initialing on the Treaty on Judicial Assistance in Criminal Matters between China and Sri Lanka; initialing of the Treaty on Mutual Assistance in Criminal Matters and the Treaty on Extradition between China and Grenada); international environmental law (Doha Amendment to the Kyoto Protocol; protection of atmosphere; updated Measures for the Administration of Import and Export of Ozone Depleting Substances); law on diplomatic and consular relations (effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives); international institutional law (sanctions imposed by the UNSC; reform of the UNSC; UN peacekeeping operations); peaceful settlement of international disputes (The Philippines v. China Arbitration; International Court of Justice).
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| 7 |
ID:
170388
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| Summary/Abstract |
The academic discourse on the rank of duly concluded treaties (DCTs) in the Chinese legal order has been in chaos for decades due to the lack of a uniform provision in the Constitution, the diversity and even contradiction of treaty-related articles (TRAs) in ordinary laws. Recent noticeable developments have occurred in Chinese legislation and judicial practice. These include the gradual deletion of TRAs in many ordinary laws, the impact of the "Belt and Road Initiative" upon the application of international economic and commercial treaties, and the diversity of application of DCTs in the courts. Although Chinese scholars have proposed to standardise the rank of DCTs in the Constitution, the amendment to the Constitution in 2018 has failed to positively respond to the proposal.
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