Commentary on “China and the International Legal System: Challenges of Participation”

2007 ◽  
Vol 191 ◽  
pp. 716-719
Author(s):  
James Li Zhaojie
Keyword(s):  
Legal System ◽  
World Order ◽  
Decision Makers ◽  
The World ◽  
International Legal System ◽  
The Mind ◽  
Further Development ◽  
System Today

China's participation in the international legal system has long been a topic of academic inquiry both inside and outside China, and has produced a rich literature reflecting mainly two concerns. First, is China a help or a hindrance to the development of the international legal system? If China is a help, what impact has China made upon the contemporary international legal system and what can China contribute to its further development? Secondly, what impact has the international legal system in which China has participated had on China? In recent years, the context in which these questions are framed has changed greatly. After the founding of the PRC in 1949, China was seen as a potential rebel against the prevailing international legal system. Today, China is depicted, at least in the mind of US decision-makers, as a stakeholder of the world order.

China’s Fairness Discourses and Allocation of Climate Responsibility

2021 ◽  
Vol 5 (1) ◽  
pp. 63-95
Author(s):  
Feiyue Li
Keyword(s):  
Climate Change ◽  
Legal System ◽  
Fair Allocation ◽  
Active Engagement ◽  
Global Response ◽  
Climate Change Negotiations ◽  
The World ◽  
International Climate ◽  
International Legal System ◽  
Per Capita

Abstract The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.

scholarly journals Why we should see international law as a structure: Unpicking international law’s ontology and agency

2020 ◽  
pp. 004711782091622 ◽  
Author(s):  
Adriana Sinclair
Keyword(s):  
International Law ◽  
Surface Structure ◽  
Legal System ◽  
Deep Structure ◽  
Social Hierarchy ◽  
The World ◽  
International Legal System

This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism.

Towards a Postcolonial Genealogy of International Organizations Law

2018 ◽  
Vol 31 (4) ◽  
pp. 841-869 ◽  
Author(s):  
GUY FITI SINCLAIR
Keyword(s):  
International Organizations ◽  
Legal System ◽  
Second World War ◽  
Colonial Rule ◽  
World War ◽  
Nation States ◽  
The World ◽  
International Legal System ◽  
Relations Of Power ◽  
Second World

AbstractThis article sketches the contours of a postcolonial genealogy of international organizations law. Contrary to conventional accounts, which remain strongly Eurocentric, the article claims that international organizations law did not emerge until the closing stages of the Second World War, and that its evolution was strongly influenced by the accelerating processes of decolonization that accompanied its birth. More specifically, the article argues that the emergence of international organizations law was spurred by a series of perceived problems regarding the adequacy of the international legal system in the aftermath of the end of formal colonial rule, in which the relations of power constructed through colonialism remained profoundly implicated. The politics of decolonization thus shaped the practice of international organizations, provided the catalyst for many of the foundational cases in international organizations law, and motivated much of its early doctrinal scholarship. Moreover, the article argues that the functionalist logic of international organizations law is deeply embedded in a postcolonial imaginary which, by supporting the division of the world into formally equivalent nation-states, ostensibly cuts against the hegemonic territorialism of colonial governance.

Some Aspects of the Jurisprudence of National Claims Commissions

1942 ◽  
Vol 36 (1) ◽  
pp. 56-76 ◽  
Author(s):  
Robert R. Wilson
Keyword(s):  
International Law ◽  
Legal System ◽  
General Public ◽  
The World ◽  
International Legal System ◽  
Principle Of Legality

Many applications of international law receive but little attention from the general public. Unpublicized or little-publicized settlements involving relatively obscure persons and comparatively small amounts of money tend to be undramatic. They may seem of little importance during a period of major, kaleidoscopic developments in a worldwide conflict. But the fact remains that in numerous instances rules have become the bases for the disposition of practical questions which were of importance to the individuals immediately involved and of some concern to their respective governments. Collectively, these dispositions may help to attest the vitality of the principle of legality. At a time when the world situation puts in question the very fundamental elements of an international legal system, there may still be justification for drawing attention to the manner in which settlements of private claims against governments have been and are effected.

Domestic Courts and the Content and Implementation of State Responsibility

2013 ◽  
Vol 26 (3) ◽  
pp. 643-665 ◽  
Author(s):  
STEPHAN WITTICH
Keyword(s):  
International Law ◽  
Legal System ◽  
International Norms ◽  
Fine Tuning ◽  
State Responsibility ◽  
Limited Role ◽  
Domestic Courts ◽  
International Legal System ◽  
Further Development

AbstractThis article examines the role of domestic courts in addressing questions of international law concerning the content and implementation of state responsibility. Practice shows that domestic courts only play a limited role in developing the international law of state responsibility. This is partly due to the limited number of cases decided by domestic courts. Furthermore, the practice of domestic courts is quite disparate, reducing their value in generating consistent practice. There is also a general inclination of domestic courts to apply remedies under municipal rather than international law, which reduces their significance as agents of international law. It is only in exceptional cases that domestic courts may contribute to clarifying controversial norms and support the further development of international law. Domestic courts may furthermore take on the task of fine-tuning international norms on state responsibility. Probably the most important role domestic courts may play in applying secondary rules of state responsibility is that of strengthening the effectiveness of the international legal system and its individual rules.

scholarly journals ANALYSIST OF CYBER ESPIONAGE IN INTERNATIONAL LAW AND INDONESIAN LAW

2019 ◽  
Vol 7 (3) ◽  
pp. 38-44
Author(s):  
Satria Unggul Wicaksana Prakasa ◽  
Noviandi Nur P.E.
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Confidential Data ◽  
The World ◽  
Cyber Espionage ◽  
International Legal System

Purpose of Study: A conception of cyber espionage today is extremely vulnerable since the crime has evolved from conventional wiretapping into cyber-based spy activities. This issue becomes complicated when faced with the principle of sovereignty and how the challenge of countries around the world to respond in maintaining the honor, security, and peace of their own countries. The legal issues raised in this legal research are: (1) cyber espionage is one kind of cybercrime (2) Legal mechanisms to crack down on the international legal system and national law again Cyber espionage crime. Methodology: Research methods used statute approach and conceptual approach. Results: The result of this research showed that it could use computing devices and internet network by means of spies, destroying computer system in order to securely obtain state confidential data or by spreading internet virus which is sporadic to government-owned domains and corporation it is clear that cyber espionage id either part of the cybercrime. Implications/Applications: The lack of legal regulation, both international and national which directly refers to cyber espionage because they alluded to illegal access and illegal interception related only.

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