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| 1 |
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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| 2 |
ID:
107080
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| Publication |
2011.
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| Summary/Abstract |
West Africa enjoys exceptionally good climatic and ecological conditions. Its coastal and maritime areas are among the richest fishing grounds in the world. These maritime waters have a high biological productivity due to the rising of deep, nutrient-rich waters at the basis of the marine food chain. This phenomenon, known as "upwelling", is caused by winds pushing the surface waters away from the land area, allowing waters from the deep ocean to rise to the surface. One of the major features of the region, from Mauritania to Cape Shilling, is the abundance of fisheries resources. The fishing industry in the sub-region has been going through a crisis since 1990 due to overfishing, overexploitation by fishermen, industrial fishing companies and especially the highly disturbing incidence of illegal, unreported and unregulated fishing. This paper looks into the applicable law through the treaty law and the case law prior to discussing States' practice in the sub-region. The latter is reflected in the laws and regulations of these States that give effect to the United Nations Convention on the Law of the Sea and that govern fishing activities in areas under national jurisdiction. State practice is also reflected in bilateral agreements between States to establish the conditions for access of foreign vessels to living resources in the exclusive economic zones. Various inter-governmental arrangements have also been developed to ensure the management of resources in the maritime region of West Africa covered by the Sub-Regional Fisheries Commission.
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| 3 |
ID:
107082
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| Publication |
2011.
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| Summary/Abstract |
In June 2010, a bloody conflict took place in southern Kyrgyzstan. In inter-ethnic clashes, more than 470 people were killed, and more than 110 000 became refugees. The Independent International Commission, of which the author was one of seven members, found that certain attacks against Uzbeks might constitute crimes against humanity. The article analyses the political context of the crisis, the role of ethno-nationalism in its genesis as well as difficulties and challenges the Government and people of Kyrgyzstan face in building an inclusive society where all ethnicities feel at home. The article scrutinizes the June events and following developments in the light of international, including human rights, law. Comparative analysis allows a singling-out of what in the Kyrgyz crisis may be specific for this country and what lessons other societies may learn to avoid similar conflicts.
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| 4 |
ID:
107076
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| Publication |
2011.
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| Summary/Abstract |
China joined the WTO in 2001 under exceptionally unfavourable, non-reciprocal and asymmetric terms of membership. China's less-than-equal status raises difficult legal questions with respect to the rule of law in the WTO, as they call into question the normativity of the fundamental principles that underlie the WTO system. It is argued that, in Dispute Settlement Body cases involving China's WTO-plus obligations, restrictive interpretation should generally be used to determine the meaning of an ambiguous provision, as a value-oriented interpretative approach in favour of the equilibrium of rights and obligations of China and in deference to the uniformity and integrity of the WTO legal system. For bilateral trade relations to be mutually advantageous and more balanced, major WTO members should offer equal status to China in the world trading system, in exchange for China's full compliance with its WTO commitments and greater contribution to the world trading system. This entails the development of reciprocal and cooperative trade policies on both sides.
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| 5 |
ID:
107077
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| Publication |
2011.
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| Summary/Abstract |
For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China-Publications case that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a critical assessment of the new WTO jurisprudence regarding trading rights and the China Accession Protocol.
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| 6 |
ID:
107079
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| Publication |
2011.
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| Summary/Abstract |
In comparison to GATT law, WTO law is characterized by a notably expanded coverage. Since its inception in 1995, its material density and reach has been further extended. It was only a question of time before the demand would arise for this branch of law to fulfil objectives lying outside the traditional borders of International Economic Law (IEL). In particular, it was recognized that WTO law touches in many ways upon human rights issues. Vigorous claims were made to transform the WTO order into a human rights organization. Some authors were of the opinion that human rights law (HRL) could be integrated into WTO law via the interpretative rules of the VCLT. This contribution tries to evidence that such attempts are inherently flawed. There is no possibility, nor even a perceptible need, to transform the WTO system into a human rights instrument. After examining the many areas of interaction between HRL and IEL, it is evidenced that the many common ends of each branch of IL are best served if both masses of law are mutually coordinated but at the same time maintain their autopoietic nature. This is also to demonstrate that the consideration of this fragmentation as a so-called problem of IL is overrated.
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