Search

Professor Sienho Yee has recently published a paper in Chinese Journal of International Law, entitled, “Unilateral Sanctions: Kind and Degree; Long-arm and Strong Arm Jurisdiction; Real Intent and ‘Could-be’ Intent.” Yee has ably elaborated that to assess the conduct of unilateral sanctions, there is a need to consider a question of “kind” so as to a question of “degree.” Further, the so-called “long-arm jurisdiction” should be better phrased as “strong-arm jurisdiction” since sometimes long-arm jurisdiction may be lawful, whereas the current version of the long-arm jurisdiction asserted by the United States is so extreme that it is no longer lawful. To this end, attention should be paid to the level of scrutiny or standard of review that a decision-maker would apply to the assessment of intent. Following from Yee’s thoughts, this note would like to elaborate further on another aspect, namely, the proportionality and necessity of unilateral sanctions. [ABSTRACT FROM AUTHOR]

Much has been written about the general ability (or lack thereof) of international development organizations to effectively monitor and evaluate the impact of their Rule of Law projects on the ground. However, less research has focused on particular development organizations'methods of project evaluation, the politics behind them and their strengths and weaknesses. This paper offers such an analysis of the evaluation methods of GTZ Legal Advisory in Beijing. After describing the work of GTZ in general and its Legal Advisory in particular, the paper offers a detailed evaluation of the tools that it uses to gauge the impact of its projects on the ground. What is gained from such a particularized analysis is a deeper understanding of both the donor politics and organizational tradeoffs inherent in monitoring and evaluation decisions, two factors often given insufficient attention in more theoretical discussions. [ABSTRACT FROM AUTHOR]

The USS Lassen's October 2015 South China Sea freedom of navigation operation was exemplary in some respects and cautionary in others. This article argues the Lassen's mission to sail within 12 nautical miles of one of China's artificial islands was a successful albeit exploratory challenge because the operation has helped to clarify maritime claims in the region and garnered international support for continued operations. This paper examines the US Freedom of Navigation Program's broader goals of benefiting the international community with a rules-based system. It also argues that increased transparency is essential if these goals are to be achieved. This article analyzes China's unclarified claims in the South China Sea and explores the concept of "psycho-legal boundaries" in relation to the so-called nine-dash line. It concludes by presenting suggestions for plotting a proper path forward for FONOPs in the region with an emphasis on protecting the marine environment. [ABSTRACT FROM AUTHOR]

To address greenhouse gas emissions from international shipping, the International Maritime Organization has adopted technical and operational measures, and discussed the possibility of adopting market-based measures. China, Japan and South Korea are major shipbuilding nations in the world, and have differing responses towards the IMO's regulatory initiatives. This paper conducts a comparative assessment of these three countries' positions on regulatory principles of the greenhouse gas issue, and concludes that their differentiated perspectives on this matter reflect their different regulatory interests. It is significant to take their differentiated interests into account in the developing regulatory regime to avoid disproportionate burdens being placed on certain countries, in particular developing countries. [ABSTRACT FROM AUTHOR]