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Power and its distribution have always been the central themes of international law, yet international lawyers have paid limited attention to the correlation between power shifts and legal change. Notably, international law effectively operates when balance of power is sustained. With this qualification, this paper examines the relationship of international law with the change in power distribution, arguing that international law should proactively attend to power in order to contribute to the peaceful reconfiguration of the international system. Furthermore, this paper explores the mechanism of power shift being transmitted to law shift and specifically adduces the process and effectiveness of hegemonic international law change centered on UNCLOS. [ABSTRACT FROM AUTHOR]

On September 1, 2023, China amended its Civil Procedure Law, making a historical shift from de facto to de jure reciprocity in judgment recognition and enforcement (JRE) in civil or commercial cases, and provided detailed rules for JRE under reciprocity.[1] This paper exhaustively surveys all published Chinese cases on JRE and analyzes these ground-breaking developments in an international context. It compares Chinese law for JRE with the Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters and the Convention of June 30, 2005, on Choice of Court Agreements. It critically assesses whether Chinese law for JRE would be a substitute for both Conventions in China or serve as a preliminary step to their eventual ratification, and what the remaining challenges are. It also offers useful insights for foreign courts and business actors to understand and plan for JRE in China. [ABSTRACT FROM AUTHOR]

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]

The United States’ Inflation Reduction Act (IRA) introduces new eligibility requirements for existing USD 7,500 tax-credit provided to electric vehicles. The new requirements condition the credit upon North American final assembly and North American-sourced materials and components. As tensions flare between the US and China, these new local content requirements reflect the US’s effort to establish a supply chain for electric vehicles that circumvents China. The blow, however, is felt elsewhere, namely by South Korean auto makers whose electric vehicle models are no longer eligible for the significant tax-credit necessary to compete in the American market. As South Korea considers submitting a complaint to relevant international bodies, this paper dissects the IRA’s relevant provisions and analyzes the applicability of international trade law rules of the WTO and the Korea-US Free Trade Agreement to the new local content requirements of the IRA. [ABSTRACT FROM AUTHOR]

The relationship between a national constitution and international law reflects a nation's self-positioning in the international legal regime and its reception of international law in the local context. The adaptation of international law in the Chinese Constitution and legal system determines China's engagement and participation in the international law regime and indicates the country's treaty performance. This paper provides an overview of the position and status of international law, including both treaties and customary international law, in China's current 1982 Constitution and domestic legal system. It also analyzes current practice of international law in China's judicial practice. By reference to recent developments in the PRC Constitution and domestic laws, especially the 2018 Constitutional Amendment, this article attempts to provide a contextual analysis on the standing of international law in the Chinese Constitution and legal system, in the hope that the understanding of the interplay between international law and the Chinese constitutional and legal system will help scholars and policymakers to pursue opportunities for cultural communication and reconciliation to seek normative consensus in the formation of international law. [ABSTRACT FROM AUTHOR]

To the few rich powerful nations, the idea(l) that international law fosters development is a truism, but for the rest of the world, it might only be a promising vision or worse, an empty promise. I Contemporary International Law and China's Peaceful Development i - the first book in the publisher's "Modern China and International Economic Law" series - grapples with these paradoxes and attempts to address them, through a curated collection of papers by the late Professor Lingliang Zeng on various international law topics that concern China. In a quite circuitous fashion, this chapter concludes that the envisioned harmonious world is "consistent with the principles of contemporary international law" (p. 63) - a statement that seems to reverse the roles of international law and harmonious world, with the former now serving as the normative standard for the latter. [Extracted from the article]

The opening of the twentieth-first century has been a time of uncertainty. Despite many visions of the future, a Eurocentric bias is still at heart of the discourse about world order. For instance, the 'Thucydides Trap' as a metaphor is often borrowed by political theories to make sense of the changing relationship between China and the United States. Yet as many are turning to ancient history in the 'West' to find wisdom for the future, they tend to overlook the story from the other side of the globe. In this paper, I investigate a genealogy of thought that there existed an international order in ancient China. The concept sounds like an oxymoron to many people today. Yet various scholars have adopted this view as an alternative to the Eurocentric world of international relations over the course of the long twentieth century, from the Western missionary W. A. P. Martin in late Qing, the Chinese historian He Bingsong in the Republican period, to the hawkish PRC foreign policy analyst Yan Xuetong. Recalling this legacy will help us to appreciate the crucial role of political idealism in the reshuffling of international relations in a world that is increasingly leaning towards power politics. [ABSTRACT FROM AUTHOR]

What does the Belt and Road initiative (BRI) tell us about China's perceptions of the international order? This paper takes an inductive approach by examining the BRI for a two-pronged purpose: first, to understand China's perception of the international order by examining Beijing's official discourse around its intentions and vision for the initiative; and, second, to examine the mechanisms through which Chinese norms are diffused and normalised in Global South states. I find that Chinese policy navigates a dialectical interchange between upholding the existing international order while simultaneously promoting alternative norms and practices to reform parts of the order that are unsatisfactory to Chinese interests. To answer the second part of the puzzle, the paper finds that a central socialisation mechanism in China's foreign policy for Global South states occurs through professionalisation training programmes. These programmes allow for Chinese expert knowledge and technical know-how to be shared with and mimicked by elites and civil servants across many Global South states. [ABSTRACT FROM AUTHOR]

The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs--especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)--a treaty-based organization charged with the overarching mandate of ensuring "the highest possible level of health" for all peoples.1 Interestingly, the WHO has also become entangled in a foreign policy spat between China and the United States of America. This work explores the public international law aspects of the WHO and why we should focus on its primary policy mandate and avoid unduly heaving the institution into perennial strategic policy games of states. It argues against turning such an illustrious institution, charged with a peculiar mandate, into an arena of zero-sum competitions amongst states. The hope is that this paper will provide crucial insights and assist legal and policy experts in understanding the organization, insulating it from unnecessary strategic games of powerful states, and ensuring the continued and effective delivery of global health policy2 through the WHO. [ABSTRACT FROM AUTHOR]

Since its founding in 1949, the People's Republic of China has acceded to more than 300 multilateral treaties. Among them, China made reservations to 83 treaties, accounting for nearly 27.7 percent of the total. Evidently, for China, formulating reservations to multilateral treaties is an issue of vital importance in the process of concluding and executing multilateral treaties. This paper examines the three main reasons why China inclines to formulate reservations to the treaties, then argues that the reservations formulated by China, whether in procedure or in substance, are not only in full conformity with the 1969 Vienna Convention on the Law of Treaties, but also full of Chinese characteristics. This paper also analyzes several specific reservations that China shall withdraw, and addresses the limitations of China's existing treaty reservation system. Accordingly, this paper concludes that the Chinese government should improve and perfect its treaty reservation system with some suggestions. [ABSTRACT FROM AUTHOR]

In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators' approaches in handling certain very difficult but important issues in the process, with the hope that it may shed some light on China's negotiation practice and the principles it adheres to in the international law arena, which are fully in line with the principles of equity and justice, mutual benefit, and win-win outcome. [ABSTRACT FROM AUTHOR]

As a crucial part of the Maritime Silk Road, underwater cultural heritage plays a role in promoting development of One Belt and One Road in China due to its historical, archaeological and cultural value. The Chinese government has taken effective and reasonable measures to safeguard underwater cultural heritage, with numerous achievements. This paper addresses recent developments in the preservation of underwater cultural heritage with regard to legislation and policy. [ABSTRACT FROM AUTHOR]

In recent years, maritime sovereignty disputes have become highly visible microcosms of broader contests between security orders in East Asia. Escalating tensions over seas provoke questions about how historical and territorial conceptions of sovereignty map onto maritime areas, and the continuing effectiveness of the so‐called "rules‐based order" in maintaining regimes for deciding jurisdiction of islands, rocks and other maritime land features. The paper examines sovereignty claims and the international law of the sea across various cases, including the contested claims over Dokdo/Takeshima, Senkaku/Diaoyu Dao and China's nine‐dash line. These case studies reveal the tensions between two legal regimes: territorial rules of acquisition (sovereignty) and the United Nations Convention on the Law of the Sea (UNCLOS). This article concludes by considering the ways that the symbolic nature of these disputes has implications for the capacities of UNCLOS and other legal instruments in the US‐led "rules‐based order" to establish orderly relations among states in the maritime arena. [ABSTRACT FROM AUTHOR]

The legal profession is undergoing fundamental changes; and this is the case not just in established legal markets. Based on a state-of-the-art sketch, this paper identifies and analyzes the latest innovation initiatives and alternative business models in China's legal profession. It finds that, propelled by market demands and benefiting from technological advancements, the provision of legal services has become highly versatile today, giving rise to various alternative service providers, especially the rapidly rising online legal service portals. Because they are technically not law firms, the exclusivity requirements on lawyer ownership and legal service provision are not applicable to them. In the meantime, the competition for large corporate clients and lucrative business transactions is fierce and will continue to be so, not only within the club of big Chinese corporate law firms, but also between Chinese law firms and international law firms globally. In this course, some leading big corporate law firms in China are observed to have creatively incorporated key corporate features in running their business and compensating their partners, effectively deviating from the partnership + pure legal services regulation. Such market realities question the necessity and effect of the regulatory restrictions on law firm legal form and ownership structure, and call for an agenda for related research in the future. [ABSTRACT FROM AUTHOR]

This paper explores how Chinese private international law responds to online data protection from two aspects: jurisdiction and applicable law. Compared with foreign laws, Chinese private international law related to online data protection has two distinct features. Chinese law for personal jurisdiction is still highly territorial-based. The "target" factor and the interactive level of a website have no play in Chinese jurisprudence. Regarding applicable law, Chinese legislators focus more on the domestic compliance with data regulations rather than their extra-territorial application. Moreover, like foreign countries, China also resorts to Internet intermediaries to enhance enforcement of domestic law. These features should be understood in the Chinese contexts of high-level data localization and Internet censorship. [ABSTRACT FROM AUTHOR]

The rapid developments of research and teaching of international law in China have attracted the attention of international law academics of the world, who have looked over the landscape of international law in China with great interest. Unfortunately, existing literature has yet to completely satisfy their interests in this aspect. This article is intended to compensate for this gap by introducing representative international lawyers, publications, academic associations and research funding schemes on international law in China. More concretely, this paper will show the mainstream research sources of their Chinese counterparts as well as embrace teaching as part of the research system of international law in China. It is expected that, with their more attention into the holistic research methodology and the “One Belt, One Road" strategy, the Chinese academia of international law will contribute more to the international rule of law. [ABSTRACT FROM AUTHOR]

The question of how best simultaneously to achieve and reconcile the twin desirable goals of good governance and economic prosperity has long been a focus of philosophical inquiry. In the modern (post-war) era, a new and important ingredient has been added to the mixture that binds economic and socio-political well-being - international law, and particularly international human rights law. Th is paper focuses on the different roles that so-called universal rights and freedoms are said to play in forging, sustaining and destroying the relationship between economic and social well-being, and analyses what are and will be the consequences for the political economies of the West and China. Though certain conclusions are drawn as to the significance of the agency of human rights, the paper suggests that it may yet be - as, reputedly, Zhou Enlai believed was the case regarding lessons learnt from the French Revolution - too soon to say. [ABSTRACT FROM AUTHOR]

Th e question of how best simultaneously to achieve and reconcile the twin desirable goals of good governance and economic prosperity has long been a focus of philosophical inquiry. In the modern (post-war) era, a new and important ingredient has been added to the mixture that binds economic and socio-political well-being - international law, and particularly international human rights law. Th is paper focuses on the diff erent roles that so-called universal rights and freedoms are said to play in forging, sustaining and destroying the relationship between economic and social well-being, and analyses what are and will be the consequences for the political economies of the West and China. Th ough certain conclusions are drawn as to the significance of the agency of human rights, the paper suggests that it may yet be - as, reputedly, Zhou Enlai believed was the case regarding lessons learnt from the French Revolution - too soon to say. [ABSTRACT FROM AUTHOR]

EU has been the protagonist in promoting the internationalization of competition laws based on EU competition law norms. The development of China's Antimonopoly Law shows that EU has succeeded so far in establishing itself as the main reference point for China's competition regulation. The success can be mainly attributed to the EU-China Competition Dialogue (Dialogue), a new initiative set up by EU and China in 2004. The paper reviews the internationalization of EU competition law and its characteristics. It then examines the Dialogue and how EU exported its competition law norms to one of the latest AML secondary legislations on Antimonopoly Pricing. It argues that the Dialogue's informal nature, EU's routinized technical assistance to Chinese competition authorities and its China-oriented strategy in communication have been highly important in ensuring that the EU Competition Law becomes the main reference point for the AML. However, the paper argues that it is for the same reasons that EU faces weakness in controlling the reception of EU competition law norms by China. Based on this, the paper further illustrates that EU's understanding of competition law internationalization as reflected under the Dialogue has not undergone fundamental changes. [ABSTRACT FROM AUTHOR]

Upon its accession, China established a judicial review mechanism for trade remedy determinations pursuant to WTO rules. However, the operational details of the mechanism remain unclear. This paper fills the research gap by discussing the main issues in the judicial review process, including types of determinations that are reviewable, which parties may participate in such cases, which court has the jurisdiction, standards applicable in reviews of law and facts, burden of proof, evidentiary rules, direct application of WTO agreements, appeal mechanism and remedies available. The paper concludes that while China has built a judicial review mechanism that satisfies the minimum requirements of the WTO, its utility is greatly restricted by problems within the judicial system in general. Unless broad changes are made, judicial review will remain an untested theoretical possibility. [ABSTRACT FROM PUBLISHER]

Environmental Law has an important international side, although it has been frequently analyzed from the Public International Law point of view. This paper focuses on the increasingly relevant approach to the Environment according not to the Public, but to the Private International Law. To that aim, two different scopes of this branch will be considered here: international jurisdiction and the conflict of laws. Besides, as it will be shown along this paper, the study of international environmental torts composes the leading problem in this area. The common approach to these cases in Private International Law follows the Latin sentence locus delicti commissi (the place of the harmful event). Therefore, this paper deals with the evolution and present application of that principle, also present in Chinese Law, as it will be shown, in those two mentioned main branches of interest (international jurisdiction and the conflict of laws) basically through its interpretation by the European Court of Justice. [ABSTRACT FROM AUTHOR]

Written on the occasion of marking the 30th anniversary of the reform and opening-up process starting in 1978 which ushered in a new historical phase of both China's own development and China's interrelation with the world, the paper asserts that international law has played a unique role in this process through facilitating an increasingly broader and deeper mutual engagement and interaction between China and the world. The paper reviews both the benefits China has gained from its engaging with and using international law and the contribution made by China to international law in a wide range of areas covering international commerce and trade, environment protection, climate change, combating transnational crimes, human rights, disarmament, etc. In view of the ongoing significant changes both China and the world order are experiencing, the paper foresees a more important and conducive role for international law in China's future development and presents recommendations for China's better interaction with international law. [ABSTRACT FROM PUBLISHER]

Based on ethnographic research on exiled Tibetan political institutions and practices in India, this paper investigates sovereignty in exile. The Tibetan Government-in-Exile (TGiE) remains internationally unrecognised and lacks de jure sovereignty over territory in both Tibet and in exile. However, this exiled administration claims legitimacy as the official representative of the Tibetan population, performs a number of state-like functions in relation to its diasporic ‘citizenry’ and attempts to make its voice heard within the international community. Rejecting arguments that such entities should be viewed merely as discrepant forms of political practice, this paper asserts that the state, sovereignty, and territory can be conceptually disentangled, opening up the theoretical possibility of entities other than territorial states claiming sovereignty. In teasing apart and problematising constituent elements of sovereignty, this paper focuses on three aspects of the TGiE's articulations of sovereignty: its claims to and production of legitimacy, authority and de facto sovereignty; its displaced sovereignty and strategies of territorial governance over non-contiguous spaces in exile; and the mediation of its ambiguous relationship with the host state India through practices of tacit sovereignty. [Copyright &y& Elsevier]

One quarter of the world's population live in China. Chinese law is fast shifting into the global arena. China's response to new and emerging crimes over the last decade is now an important international human rights issue. This paper discusses some key concepts for understanding the criminal justice system of a country that is fast becoming the second most economically and geopolitically powerful nation in the world. Thousands of criminals are executed during China's periodic `Strike Hard' anti-crime campaigns. This paper examines the Strike Hard policy of `severity and swiftness seeking to achieve three complementary objectives: to provide insight into the machinations of criminal justice operations in China's anti-crime campaigns, to explain official justifications for the policy, and to give voice to alternative commentaries and opinions of Chinese criminal justice researchers and practitioners. [ABSTRACT FROM AUTHOR]

The thesis of this paper is that governments of some otherwise enlightened states are increasingly fearful of acknowledging the restraints imposed on them by existing international law. They are also reluctant to enter into new commitments by way of international conventions that would expand the reach of international law. The paper asks whether these fears are based on a true understanding of international law or on some distorted view of it. It will draw comparisons and some contrasts between Australia and the United States in their reactions to a number of recent events as well as to some enduring situations of contemporary relevance. Had time (and the limits of my research) permitted, one might also have examined public attitudes toward international law in China, Japan, and Russia in this context, where similar fears appear to be entertained. France, Germany, Italy, and the United Kingdom, also enlightened states, appear by contrast to belong to a group more dedicated to international law. As Robert Kagan has recently remarked, the experience of two world wars at close quarters, and the formation of the European Union, have made the European countries more dedicated to process, where the United States is more interested in results. [ABSTRACT FROM AUTHOR]

This paper examines a symbol, bupingdeng tiaoyue (Unequal Treaties), that has received no attention in the current literature on the role of political ceremonies and symbols in China's national awakening and the formation of Chinese nationalism. This paper aims to repair this omission by tracing how the term acquired a strongly symbolic role and by analyzing the form, content, function and impact of the bupingdeng tiaoyue rhetoric. First, this paper examins Chinese nationalism by looking at the discourse on the Unequal Treaties as employed by various forces in Chinese history. Second, the shared experience of the Guomindang (GMD)-Communists (CCP) with the Unequal Treaties reveals further details about a highly strained and precarious relationship in the United Front from 1924 to 1927. Part of the vocabulary, style, rhetoric and argumentation of the Unequal Treaties discourse became integrated as a perpetual element in the common inheritance of Chinese-ness. Third, the discourse on the Unequal Treaties alerts us to the continuing relevance of the subtle distinction between the political state and national culture, a distinction that both the GMD and the CCP have attempted to obliterate. Fourth, China's experience with the Unequal Treaties suggests that the spread and interpretation of international law can only take place on a particular nation's own terms. Fifth, this paper seeks to focus attention on China's positive role in the development and crystallization of international law against imposed treaties. [ABSTRACT FROM AUTHOR]

China’s abundant transboundary water resources face new challenges as demands increase, internally and externally. As China seeks new ways to cooperate with its riparian neighbours, more attention is being paid to international water law in the evolving diplomatic practice across the region. China’s (mostly) bilateral transboundary water cooperation is here characterized as ‘responsive diplomacy’. This paper explores China’s state practice in this context and concludes by recommending that it moves from ‘responsive’ towards ‘preventive’ diplomacy. The author offers strategic and policy responses in order to effect this change. [ABSTRACT FROM AUTHOR]

With the integration into the International System, the relationship between domestic and international laws in China is becoming a big issue. In 1997, China amended the criminal law broadly and one of the revisions was to rescind the offence of Counterrevolution and replaced it by the Suspicion of Incitement to Subvert State Power. The reform, however, was still heavily questioned. Although China signed the International Covenant on Civil and Political Rights (ICCPR) to try to comply with the norms of international human rights, it still can't ratify the ICCPR internally. After the implementation of the new criminal law, the Chinese government imposed very strict control over press and citizen's rights, evoking the laws against the endangering state security and subverting state government. This paper argues that in the foreseeable future there will be little possibility to ratify the ICCPR. Furthermore, the government sees no reason to abolish the Suspicion of Incitement to Subvert State Power at time soon. [ABSTRACT FROM AUTHOR]

Hong Kong provides an interesting case study on the increasingly dynamic interaction between international law and domestic public law regimes. In a trilogy of cases, the Hong Kong courts have examined the domestic application of the international law of nonrefoulement. These decisions addressed the potential influence of international law on constitutional rights, statutory interpretation, principles of judicial review, as well as the scope of the common law doctrine of incorporation. Having regard to common law dualist principles and Hong Kong constitutional law, this paper critically assesses the judicial use of international law in fashioning a domestic law duty of nonrefoulement. [ABSTRACT FROM AUTHOR]

The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of territory in international law, in particular, on the basis of effective occupation. The sovereign rights and jurisdiction asserted by the Philippines over the maritime entitlements of the features in Bajo de Masinloc are founded on principles of international law and consistent with the United Nations Convention on the Law of the Sea, which both the Philippines and China have signed and ratified. This paper aims to examine the Philippine claim over Bajo de Masinloc particularly focusing on the 2012 standoff between the Philippines and China and the arbitration case filed by the Philippines against China over the West Philippine Sea. [ABSTRACT FROM AUTHOR]

China shares 40 major transboundary watercourses with 16 countries. This paper surveys China's transboundary water treaty practice and compares it to the core principles of the 1997 UN Watercourses Convention (UNWC). Despite a growing watercourse treaty practice stretching back some 60 years, China's agreements in this field are relatively unsophisticated. The authors conclude that China's transboundary water treaty practice would benefit from some of the guidelines set forth under the UNWC. [ABSTRACT FROM AUTHOR]

In Hong Kong, from 28 March 1946 to 20 December 1948, four British military tribunals tried war crimes cases from across the British colonial territories of Hong Kong, Kowloon and the New Territories, and also from Formosa (Taiwan), China (Waichow and Shanghai), Japan and from the high seas. The author has made the process and the cases publicly accessible online through the Hong Kong's War Crimes Trials Collection website at hkwctc.lib.hku.hk. This paper is a window into the rediscovered Hong Kong war crimes trials and the key issues in international law that they raised. Further advanced research by international experts is currently underway for a book commissioned by Oxford University Press, due for publication in 2013. As such, this article will provide a 'taster' of what is emerging from the research that is currently in progress. The author's intention is to present the Hong Kong war crimes cases on their own merits, to allow them to be understood in their own right. The author does not engage in a comparative study of what was done elsewhere then or in recent years; that would be a major project for another occasion. The author instead seeks to draw out some of the richness and diversity of these cases as they are, and to enlighten our contemporary understanding through a look back at a process that was part of the making of modern international criminal law. [ABSTRACT FROM AUTHOR]

In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China started as a reluctant player in the negotiations, and only gradually made its way into the core decision-making group of the WTO rather late during the round. Even though China has now been accepted as a member of the G-7, the most powerful group in the WTO, it has been playing only supportive rather than leading roles. The article explains the reasons for such low profile approaches, and also examines the value of Chinese proposals from both quantitative and qualitative perspectives. The article concludes with some thoughts on the broader implications of China's growing power in the WTO as a whole. [ABSTRACT FROM AUTHOR]

Very little literature concerns conflicts between civil law and common law requirements for judgment recognition and enforcement (JRE) and grounds for refusing JRE. This paper intends to fill this gap by using the finality dispute between Mainland China and Hong Kong as an example. It compares relevant Chinese law, Hong Kong law, U.S. law, and EU law. It also analyzes Mainland judicial statistics from 1999 to 2010. It argues that Hong Kong courts inappropriately apply the law of the requested court to determine the finality of a Mainland judgment in the judgment recognition and enforcement proceedings. It proposes three solutions to solve the finality dispute between Mainland China and Hong Kong: amend Hong Kong law, amend Mainland law, or adopt interregional law approaches. [ABSTRACT FROM AUTHOR]

This article compares the private use of prison labor in the United States to the protections against forced labor in international law. The United States plays a prominent role in promoting labor rights and standards in its interactions with economic competitors such as China. Despite this, it violates its own international legal commitments both by allowing private companies to use prison labor and by allowing labor to occur within privately run prison facilities. This paper argues that this contradictory phenomenon is a symptom of neoliberal responses to globalization. Global competition increases the economic insecurity of American workers and gives political support to neoliberal economic ideologies, and in turn allows for the ideological construction of vulnerable foreign workers abroad and “rightless” workers at home. [ABSTRACT FROM AUTHOR]

The contemporary Chinese intellectual Kang Xiaoguang has argued that Chinese soft power should be based on Confucian culture, the most influential Chinese political tradition. But which Confucian values should form the core of China's soft power? This paper first explores the coexistence of state sovereignty and utopian cosmopolitanism through an analysis of Confucian tradition up to contemporary Chinese nationalism. It insists on the exogenous roots of the cosmopolitan ideal and its relations with the ideal of a harmonious political order and a global peace. Then, it compares the philosophy of 'all-under-heaven' in its classical and contemporary forms, with Mencius' theory of a 'hegemon', a theory that still informs the moral language that Chinese intellectuals use to evaluate foreign policy, especially regarding morally-justified warfare. It ends on a reflection on the role that Mencius's theory of just and unjust war can play in the contemporary Chinese context and to help understanding and defining the stance of China in the international geo-political context. [ABSTRACT FROM AUTHOR]

This paper briefly reviews the change in the political status of Hong Kong from a British colony to a Special Administrative Region of the People's Republic of China, sets out the international rights and obligations of the Hong Kong Special Administrative Region (HKSAR) as evidence of its international legal personality, and discusses whether the HKSAR can be treated as a subject of international law. [ABSTRACT FROM AUTHOR]

This paper briefly summarizes the tenets of the idea of a Harmonious World as proposed by China, compares them with those of a Co-progressive World as proposed by the author and highlights the important roles of the international law of co-progressiveness and leader States in realizing the vision of the Harmonious World or Co-progressive World. [ABSTRACT FROM AUTHOR]

By studying finality rules in English law and UNCITRAL Model Law on International Credit Transfers, and considering China's banking practice, this paper distinguishes four aspects of finality rules, which are time of completion of payment, discharge of underlying obligation owed by the originator to the beneficiary, access to funds, and revocation. To deal with these four aspects, private agreements, Model Law, civil law theory and electronic funds transfers (EFT) statutes should be applied flexibly and comprehensively, and successful banking law approaches from developed countries need to be borrowed by Chinese lawmakers with a broad heart. [ABSTRACT FROM AUTHOR]

A growing literature has sought to address the question of Chinese nationalism, and particularly whether or not its rise over the last decade could make China more prone to international conflict. Yet these discussions have often not been well grounded in either theories of nationalism or international relations (IR) theory. This paper will seek to fill this gap by using a constructivist approach to examine how nationalism is constituted by the interaction of states. By doing so, it will be argued that Chinese nationalism can best be understood as a reactive response to international events rather than domestic political manipulation. [ABSTRACT FROM AUTHOR]

The PRC and Taiwan are competing to gain diplomatic recognition from Pacific Islands states, a number of which recognise Taiwan and serve as a barrier to its international isolation. Since much of Oceania is in Australia's sphere of influence, this struggle has often involved Canberra. This paper focuses on the intensifying conflict--with conclusions about the local political economic situations of the countries in Oceania that are most likely to switch recognition, the dilemmas that the issue poses for Australia and its alliance with the US, and the game theory of these auctions of diplomatic recognition. The rental of recognition is analysed as a "sovereignty business" in which some Pacific Islands states engage—similar to the offshore financial centres which are prevalent in the region. [ABSTRACT FROM AUTHOR]

As a result of going-global of China's economy, particularly its accession to the World Trade Organization, the Chinese intellectual property rights (IPR) regime has undergone a remarkable transformation. The IPR laws in principle provide for strong protection for IPRs. While IPR experts have been focusing on the enforcement of China's IPR laws and international IPR holders have spotted that Chinese IPR rules are often ignored in practice, they both ignore the political economy of the IPR in China. This paper argues that, as the patent law evidences, industrial policy, which aims at promoting economic development, is the logics behind the evolution of China's IPR regime. It further notices a phenomenon, i.e. the emergence of an IPR strategy, which also stems from the same logics. It is further noted that, while the ongoing phenomenon, might have a bearing on the IPR regime, the political economy will drive China's IPR regime forward to a state that the West is now championing. [ABSTRACT FROM AUTHOR]

As a multinational state, China's ethnic minority issue (e.g. Tibet and Xinjiang) is always a large political concern. China often treats this issue exclusively as a sovereignty matter and refutes outside criticism. What is the viable explanation of China's position? Is China's behavior consistent with the global norms and international law, especially the principle of national self-determination? This paper addresses these questions through an examination of China's ethnic minority issues in the context of foreign policy and international relations. [ABSTRACT FROM AUTHOR]

Since July 1997, Hong Kong has become a Special Administrative Region (SAR) under the sovereignty of China. This paper compares the social well-being of Hong Kong residents before and after the change of sovereignty by analyzing six sets of survey data collected between 1990 and 2001. These are six biennial territory wide Social Indicator Surveys conducted to collect subjective assessments of well-being of Hong Kong residents. Analysis of the survey data which are typically categorized subjective evaluations has to deal with the commonly encountered problems of ‘direct quantification’ (Schuessler and Fisher, 1985) and ‘incomplete data’ (Little R.J.A. and Rubin D.B., 2002, Statistical Analysis with Missing data (Wiley-Interscience, New Jersy). The problems are handled by applying ‘optimal scaling’ and ‘hot-deck imputation’ as recommended by Shen S.M. and Lai Y.L. (2001, Social Indicators Research 55, pp. 121-166). Different life domain measures as well as compound measures in the form of indices are studied. The data analysis indicates that the residents of Hong Kong were most satisfied in 1997 and least satisfied in 1995. It reveals that the sovereignty change had major impact on many life domains of the people of Hong Kong and the effect was compounded by the economic situation of the territory. [ABSTRACT FROM AUTHOR]

In 2002, China surpassed the USA to become the world's largest foreign investment destination. Many Chinese cities, especially those along the coast, have become hot spots for Foreign Direct Investment (FDI). The urban development of these Chinese cities, as in most market societies, has increasingly depended upon their global connections. However, it is unclear to what degree the governments of these cities are able to influence the decisions of foreign investors. This paper uses Shenzhen city as a case study to examine how multi-nationals’ spatial and sectoral patterns have been changed over time and to what degree the local government has been able to influence multinationals’ locational and sectoral selection. It is concluded that Shenzhen has managed to create a strategy to maximise its ability to benefit from global economic forces and to attract multinational manufacturers in the locality, and particularly in increasing its target sector of technology-intensive industry. This case study demonstrates the importance of a strong city government in managing growth and reacting decisively to globalisation. [ABSTRACT FROM AUTHOR]

In a time of transition when Hong Kong will revert to China alter 30 June, 1997 as a Special Administrative Region, it will face many challenges. According to the Sino-British Joint Declaration, Hong Kong will retain its capitalist system and lifestyle under the "one country, two systems" and a high degree of autonomy with "Hong Kong people ruling Hong Kong". This paper ties to argue that the traditional role that civic education has played so far is not relevant enough to prepare the citizens of the future Hong Kong SAR, and that a new civic education is needed in order to build up the confidence of the Hong Kong people to face their future and destiny. [ABSTRACT FROM AUTHOR]