Regimes

2019 ◽  
pp. 101-154
Author(s):  
Congyan Cai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Status Quo ◽  
International Regimes ◽  
Norm Compliance ◽  
The Status ◽  
Rise Of China ◽  
International Obligations ◽  
Rising China ◽  
The Rise Of China

This chapter examines China’s engagement with international regimes from perspectives of both norm compliance, which is the focus of China as a rule-taker, and norm entrepreneurship, which represents a major ambition of a rising China. It does not debate too much the status quo of China’s norm compliance or norm entrepreneurship. Instead, it focuses on what methodologies China adopts to comply with its international obligations and achieves its norm entrepreneurship. In doing so, this chapter examines how China engages the regimes in relation to peace, development, human rights, and new areas as well. This chapter informs people how international law enables the rise of China, how international law contains or fails to contain the rise of China, and how China seeks to reshape international law, thereby illustrating the multiplities of interactions between international law and the rise of China.

scholarly journals The Rise of China and Its Implications to Northeast Asia

2019 ◽  
Vol 9 (2) ◽  
pp. 75-97
Author(s):  
Wai Ting
Keyword(s):  
Soft Power ◽  
Northeast Asia ◽  
The United States ◽  
Status Quo ◽  
Political Issues ◽  
The Status ◽  
Rise Of China ◽  
The Rise Of China ◽  
External Behavior

AbstractThe rise of China has aroused heated debates on whether the country would become the “revisionist” power in challenging the supreme position of the “status quo” power, the United States. This paper aims to examine whether the rise of China would, firstly, empower Beijing to solve the long-term crisis in the Korean Peninsula, and secondly, complicates the picture in solving the difficult historical and political issues in Sino-Japanese relations. It is argued that the increasing economic and military capabilities of China are not instrumental in fostering significant changes within North Korea and in monitoring the external behavior of its leaders. A more nationalistic China which lacks soft power also hinders a favorable solution to the challenges of Sino-Japanese relations.

China, India, and International Law: A Justice Based Vision Between the Romantic and Realist Perceptions

2019 ◽  
Vol 9 (2) ◽  
pp. 217-250 ◽  
Author(s):  
Muthucumaraswamy SORNARAJAH ◽  
Jiangyu WANG
Keyword(s):  
International Law ◽  
Analytical Framework ◽  
Status Quo ◽  
China And India ◽  
International Legal Order ◽  
Rise Of China ◽  
The Common ◽  
Potential Impact ◽  
The Rise Of China ◽  
International Status

AbstractThis paper aims to build an analytical framework and a research agenda for a study of the potential impact of the rise of China and India on international law. In the light of the possibility that the two states may, together or individually, make changes in international law and shift it from its present Europe-America moorings, this paper attempts to analyze and answer three topics: (1) the common and different stances of China and India on the existing international legal order; (2) the changes China and India have sought to the international status quo; and (3) the contributions that have been or could be brought by China and India to the development of international law and their implications for the future. It proposes an analytical framework in which these questions are viewed through two lenses: the romantic vision and the realist vision.

The Rise of China and International Law

2019 ◽  
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
National Level ◽  
International Dispute ◽  
International Legal Order ◽  
Rise Of China ◽  
Rising China ◽  
Legal Policies ◽  
Identity Changes ◽  
The Rise Of China

The rise of China represents a far-reaching process of international relations in the twentieth century, which should bring about extensive but uncertain ramifications. How China interacts with international legal order—namely, how China takes advantage of international law to facilitate and justify its rise and whether and how international law is relied upon to engage a rising China—has been inviting growing debates among academics and policy circles. A couple of recently eye-catching events, for instance, China-Philippines South China Sea (SCS) arbitration and the China-U.S. trade war, have intensified unease in international society. This book for the first time provides a systematic and critical elaboration on interplay between a rising China and international law. It focuses on several crucial issues, including: Is international law relevant to the rise of China? How has China adjusted its international legal policies as China’s state identity changes over time, especially as it rises as a new great power? What methodologies does China adopt to comply with international law, in particular, to achieve its new legal strategy of norm entrepreneurship? What is the typology of China’s engagement with international organizations? How does China organize its domestic institutions to engage international law to enhance its rise? How does China use international law at the national level (Chinese courts) and the international level (lawfare in international dispute settlement)? And finally, how should “Chinese exceptionalism” be understood? This book adds important literature on emerging comparative international law.

scholarly journals International Obligations of Unrecognized State. The Case of Transdnistrian Moldavian Republic

2019 ◽  
Vol 14 (1) ◽  
pp. 76-93
Author(s):  
Galina Shinkaretskaia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
International Community ◽  
European Convention ◽  
Vienna Convention ◽  
International Treaties ◽  
The Status ◽  
International Obligations ◽  
The Republic

Unrecognized states are formations separated themselves from another state and had declared itself a new self-standing state. The inner structure of the formation does not differ from the structure of other states in that it possesses a constitution, legal system and state bodies. But such a formation is not recognized by the international community in the capacity of a subject of international law or is recognized by a minor number of states.Unrecognized states do not have interstate treaties with UN members, yet this does not mean that no international obligations are obligatory for them. General principles of international law and peremptory norms are obligatory notwithstanding recognition. Moreover, unrecognized state sometimes accept voluntarily international obligations of some treaties, still they are not recognized as parties thereof. The status of unrecognized states differ from the status of other actors not states in international relations: sometimes intrastate or even non-governmental organizations, e.g. European union, are accepted as parties to international treaties. Unrecognized states can never become parties to international treaties. Thus a situation of irresponsibility is created, when an unrecognized state has no partners who could question a responsibility in case of a breach of international law; neither the jurisdiction of treaty bodies created to monitor implementation of the treaty obligations.Transdnistrian Moldavian Republic is a good illustration here. Its Constitution contains a rule that the generally recognized principles and norms of international law and international treaties are a part of its legal system. The Republic does not have interstate treaties, but accepted some normative acts on the recognition of the most important human rights treaties. This is in fact a joining of the Republic to the treaties. Yet the Republic is not a party to them because the Vienna Convention on the law of international treaties 1969 allows only the subjects of international law to conclude international treaties which unrecognized Transdnistria is not. Thus the situation is created where the international community cannot submit a claim of failure to fulfill a treaty to Transdnistria.We submit that this is not so with generally recognized norms and principles because an obligation is emerging in the contemporary international law that all actors of international intercourse must fulfill those principles and norms. The events around the indictment of the former President of the Republic are a good example of breach of international law. The Republic broke the European Convention on human rights which diminished the acceptance of international law by the Republic.

International Law in Chinese Courts During the Rise of China

2016 ◽  
Vol 110 (2) ◽  
pp. 269-288 ◽  
Author(s):  
Congyan Cai
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Process ◽  
Active Role ◽  
Executive Branch ◽  
Public Affairs ◽  
Human Rights Treaties ◽  
Domestic Courts ◽  
Rise Of China ◽  
The Rise Of China

The number of countries in which domestic courts are actively engaged with major public affairs has increased markedly since the early 1990s. In many transitional states, in particular, domestic courts have ruled on great constitutional controversies, which influence the national political process. They have also taken an active role in the application of international law— especially human rights treaties—and at times treat such treaties as a “New Standard of Civilization.” In particular, domestic courts have at times invoked international law in becoming more aggressive toward the executive branch. This trend has been one normative element inspiring some theorists to propose a new field known as comparative international law. This article highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years.

Human Rights Naturalized

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Explanatory Power ◽  
Modern Human ◽  
Status Quo ◽  
Economic Conditions ◽  
World War ◽  
Human Rights Movement ◽  
The Status ◽  
Naturalistic Theory

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to explain how and why the modern human rights movement arose when it did. Second, it shows that the advances in inclusiveness achieved by the modern human rights movement depended upon the fortunate coincidence of a constellation of contingent cultural and economic conditions—and that it is therefore a dangerous mistake to assume that continued progress must occur, or even that the status quo will not substantially deteriorate. This chapter also helps to explain a disturbing period of regression (in terms of the recognition of equal basic status) that occurred between the success of British abolitionism and the founding of the modern human rights movement at the end of World War II.

scholarly journals SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

2011 ◽  
Vol 60 (1) ◽  
pp. 125-165 ◽  
Author(s):  
Israel de Jesús Butler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
The Face ◽  
International Obligations ◽  
Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

The Politics of International Regime Complexity

2009 ◽  
Vol 7 (1) ◽  
pp. 13-24 ◽  
Author(s):  
Karen J. Alter ◽  
Sophie Meunier
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
International Cooperation ◽  
International Regimes ◽  
International Regime ◽  
Introductory Essay ◽  
Election Monitoring ◽  
International Obligations

The increasing density of international regimes has contributed to the proliferation of overlap across agreements, conflicts among international obligations, and confusion regarding what international and bilateral obligations cover an issue. This symposium examines the consequences of this “international regime complexity” for subsequent politics. What analytical insights can be gained by thinking about any single agreement as being embedded in a larger web of international rules and regimes? Karen Alter and Sophie Meunier's introductory essay defines international regime complexity and identifies the mechanisms through which it may influence the politics of international cooperation. Short contributions analyze how international regime complexity affects politics in specific issue areas: trade (Christina Davis), linkages between human rights and trade (Emilie Hafner-Burton), intellectual property (Laurence Helfer), security politics (Stephanie Hofmann), refugee politics (Alexander Betts), and election monitoring (Judith Kelley). Daniel Drezner concludes by arguing that international regime complexity may well benefit the powerful more than others.

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