JournalTOCs

Chinese Journal of International Law
Journal Prestige (SJR): 0.329

Number of Followers: 25

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1540-1650 - ISSN (Online) 1746-9937
Published by Oxford University Press

[413 journals]

To Fight a New Coronavirus: Special Section of Letters and a Comment
- Pages: 199 - 199
  PubDate: Fri, 11 Sep 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa023
  Issue No: Vol. 19, No. 2 (2020)
To Name a New Coronavirus and the Associated Pandemic: International Law
and Politics
- Authors: Gastorn K.
  Pages: 201 - 206
  PubDate: Tue, 18 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa024
  Issue No: Vol. 19, No. 2 (2020)
To Fight a New Coronavirus: The COVID-19 Pandemic, Political Herd
Immunity, and Global Health Jurisprudence
- Authors: Fidler D.
  Pages: 207 - 213
  PubDate: Thu, 13 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa016
  Issue No: Vol. 19, No. 2 (2020)
To Fight a New Coronavirus: Crisis Management and International
Cooperation from a Local Perspective in Germany
- Authors: Terry P.
  Pages: 215 - 220
  Abstract: 1. Although we are still in the midst of dealing with the new pandemic caused by the coronavirus—which has brought so much pain to many families worldwide—it is important to reflect on what lessons can be learned from this crisis. As these discussions are now beginning, I would like to contribute a few thoughts on crisis management and international cooperation from a local perspective. First, I will briefly discuss the competencies of local and regional authorities within States before turning to the issue of international cooperation between such sub-national entities.
  PubDate: Sun, 26 Jul 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa017
  Issue No: Vol. 19, No. 2 (2020)
To Cope with a New Coronavirus Pandemic: How Life May Be Changed Forever
- Authors: Wang C.
  Pages: 221 - 228
  PubDate: Tue, 18 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa020
  Issue No: Vol. 19, No. 2 (2020)
To Litigate a Pandemic: Cases in the United States Against China and the
Chinese Communist Party and Foreign Sovereign Immunities
- Authors: Keitner C.
  Pages: 229 - 236
  PubDate: Sun, 09 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa018
  Issue No: Vol. 19, No. 2 (2020)
To Deal with a New Coronavirus Pandemic: Making Sense of the Lack of Any
State Practice in Pursuing State Responsibility for Alleged Malfeasances
in a Pandemic—Lex Specialis or Lex Generalis at Work'
- Authors: Yee S.
  Pages: 237 - 252
  Abstract: There has never been any State practice in pursuing State responsibility for alleged malfeasances in pandemics. What effect does this absence of practice have on the framework of applicable law regarding this pursuit of State responsibility' How can we make sense of this absence in the context of global public health' One way would be to see the absence as reflecting a lex specialis providing for no State responsibility for any alleged malfeasances; another as reflecting States’ assessment that there is no or slight chance of success even under a lex generalis not excluding potential responsibility. The former appears more consonant with the uniform lack of practice in pursuing State responsibility over the long course of history of dealing with pandemics. If there can be a better state of affairs, it will be up to States to search for it and to bring it to fruition in the future.
  PubDate: Sun, 23 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa022
  Issue No: Vol. 19, No. 2 (2020)
Is China Playing by the Rules' — Assessing China’s Reservations to
International Human Rights Treaties
- Authors: Wu J.
  Pages: 253 - 281
  Abstract: In this paper, I examine two substantive reservations China has made to international human rights treaties, namely China’s reservation to Article 8.1(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Article 6 of the Convention on the Rights of the Child (CRC), as well as the arguments China adopted to support them in the constructive dialogue between China and the two treaty committees. By positioning China’s reservations and its supporting arguments against the current criteria on making reservations to international human rights treaties, I argue that these two reservations are permissible and the arguments that support them are in general justifiable, all things considered. In conclusion, I reflect on China’s relationship with international human rights treaty bodies through the lens of reservations.
  PubDate: Tue, 15 Sep 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa015
  Issue No: Vol. 19, No. 2 (2020)
State-Owned Enterprises and Threats to National Security Under Investment
Treaties
- Authors: McLaughlin M.
  Pages: 283 - 327
  Abstract: The internationalization of investment by State-owned enterprises is driving the evolution of foreign investment regulation throughout the Western world. National security lies at the heart of host State concerns, yet the contours of the concept remain indistinct. Consequently, State-owned enterprises are subject to differential legal standards that can be vague and ambiguous. This article considers whether, and under what circumstances, host State security measures targeting State-owned enterprises comply with obligations under investment treaties. Provision for pre-establishment national treatment and security exceptions will be crucial in balancing the autonomy afforded to host States to protect their national security, and guarding State-owned enterprises against protectionist or discriminatory measures.
  PubDate: Tue, 18 Aug 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa014
  Issue No: Vol. 19, No. 2 (2020)
The Dilemma Between the Freedom to Use and the Proscription against
Appropriating Outer Space and Celestial Bodies
- Authors: Zannoni D.
  Pages: 329 - 358
  Abstract: Although a large-scale extraction of resources from outer space does not seem feasible yet, associated legal debates are already underway. Indeed, anticipating a race for space resources, some States are taking the lead in enacting legislation regulating future exploitation by their subjects. Sales of “extraterrestrial real estate” by private entities have been taking place for decades. This article addresses the topic of exploitation of space resources from an international law perspective—regardless of whether it will be firmly on the agenda tomorrow or in thirty years’ time. The crucial issue is to establish if, and eventually how, it is possible to conciliate the two principles at stake here: freedom to use outer space and celestial bodies, which arguably includes exploitation, and the impermissibility of their appropriation. It will be pointed out that, rather than proposing a comprehensive and rigid mechanism, the Outer Space Treaty and the Moon Agreement could represent a starting point, a proactive framework for achieving consensus among States and for seeking multilateral solutions for the exploitation of space resources.
  PubDate: Wed, 24 Jun 2020 00:00:00 GMT
  DOI: 10.1093/chinesejil/jmaa013
  Issue No: Vol. 19, No. 2 (2020)