scholarly journals China in the Post-World War II International Legal System

2015 ◽  
Vol 01 (02) ◽  
pp. 205-222
Author(s):  
Sheng Hongsheng
Keyword(s):  
World War Ii ◽  
International Law ◽  
Legal System ◽  
World War ◽  
System A ◽  
Evolving System ◽  
International Legal Order ◽  
Rise Of China ◽  
International Legal System ◽  
The Rise Of China

Dramatic changes have taken place in the international legal system since the end of World War II, such as the expanding arenas for application of international law, the emergence of a series of new legal institutions, and the parallel extension of both rights and obligations of states. In recent years, new developments have been arising in the international legal system, manifested by three important sets of transition, that is, from a "sovereign priority" to a "human rights priority"; from "consent-orientation" to "coercion-orientation"; and from "integrity" to "fragmentation." The rise of China and the evolution of international law are closely related: while China's ascent has been achieved within the parameters of the international legal system, a more prosperous and stronger China will certainly influence the future trajectory of the evolving system. China should and can be a positive force in constructing a contemporary international legal order through promoting domestic justice and international rule of law. In this process, China needs to take a more proactive role and evolve from being a recipient to a rule-maker, in order to modify the outdated principles and rules in international law.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

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 The Rise of China: Continuity or Change in the Global Governance of Development?

2015 ◽  
Vol 29 (4) ◽  
pp. 419-431 ◽  
Author(s):  
Catherine Weaver
Keyword(s):  
World War Ii ◽  
Global Financial Crisis ◽  
Banking System ◽  
Power Dynamics ◽  
Past Century ◽  
World War ◽  
Rise Of China ◽  
The Global Financial Crisis ◽  
Institutional Architecture ◽  
The Rise Of China

The global financial crisis of 2008 was a reflection point for global economic governance. The crisis, which started in the U.S. banking system and had a disproportionate impact on North America and Europe, provoked widespread contemplation of the legitimacy, relevance, and effectiveness of the core ideas, rules, and structures that have governed the world economy over the past century. In turn, the crisis also illuminated the emergence of new players, power dynamics, and paradigms that promise to challenge—if not fundamentally change—the characteristics of the institutional architecture that has governed international finance, trade, and development since the end of World War II.

Afro-Asian Jurists and the Quest to Modernise the International Protection of Foreign-Owned Property, 1955–1975

2020 ◽  
pp. 1-32
Author(s):  
Idriss Paul-Armand Fofana
Keyword(s):  
International Law ◽  
Legal System ◽  
Third World ◽  
Consultative Committee ◽  
World War ◽  
International Protection ◽  
International Legal System ◽  
One Year

Abstract In the two decades following the 1955 Asian African Conference in Bandung, Asian and African jurists sought to reshape international law to better incorporate the aspirations of formerly colonised peoples. The Asian-African Legal Consultative Committee (AALCC), founded one year after the Bandung Conference, helped formulate a common Afro-Asian and Third World international legal agenda by bringing together jurists and ideologically diverse Asian and African governments while collaborating with UN institutions working to codify and develop international law. The AALCC’s work and the contemporaneous writings of African and Asian jurists reveal a shared ambition to weaken the international protection of foreign-owned property by pursuing a legal agenda anchored in the structure and principles of the post-World War II international legal system. The Afro-Asian international legal agenda combined efforts to eliminate pre-war rules incompatible with the foundational principles of the UN Charter while elaborating the content of these principles through UN institutions.

Treaty withdrawal and recalcitrant States

2020 ◽  
Vol 9 (2) ◽  
pp. 225-240
Author(s):  
Joseph Crampin
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Order ◽  
Vienna Convention ◽  
High Profile ◽  
Binding Force ◽  
International Legal Order ◽  
International Legal System ◽  
The Law

The recent prevalence of high-profile unilateral treaty withdrawals raises broader questions over trust in treaty-making. Given the foundational importance of trust in treaties to international law, these withdrawals present risks to the international legal order generally. The issue for international law is how it can regulate treaty withdrawal in a way that preserves trust in the international legal system. The problem of trust is twofold. If international law adopts too permissive a stance towards unilateral withdrawal, then this will undermine trust in the binding force of treaties: pacta sunt servanda. If it is too restrictive, it will undermine the authority of international law, since it will result in situations in which recalcitrant States (ie States which have decided no longer to comply with their obligations) disobey, and are seen to disobey, their obligations. The paper seeks to explore this tension that underlies the regulation of treaty withdrawal. First, it analyses historical approaches to the problem, and, second, how the Vienna Convention on the Law of Treaties has sought to resolve it. It then examines how the principle is and can be used to achieve a balance between integrity and authority that can assist international law in regulating withdrawal and recalcitrance in a manner that preserves trust in treaty-making.

Introduction

2019 ◽  
pp. 1-12
Author(s):  
Congyan Cai
Keyword(s):  
United States ◽  
International Relations ◽  
International Law ◽  
The United States ◽  
First Century ◽  
International Legal Order ◽  
Rise Of China ◽  
The Rise Of China ◽  
The Relationship ◽  
Research Structure

This chapter mainly aims to introduce the research background and research structure of The Rise of China and International Law: Taking Chinese Exceptionalism Seriously. It first explains why the rise of China and, accordingly, the engagement of China and international legal order are critical for the configuration of international relations in the twenty-first century, especially for great powers like the United States, which demonstrates the academic importance of this book. Then, by examining the arguments of authorities of international relations and international law, the book shows how the perception of scholars of the rise of China, especially the relationship between the rise of China and international law, has changed in the past several decades. It also introduces the arguments of governments and leaders of China and the United States as to how international law matters to the rise of China and how international law may be used to engage the rise of China. Finally, it explains how the book is structured.

The Fragmentation of International Law: Contemporary Debates and Responses

2020 ◽  
Vol 19 (1) ◽  
pp. 177-219
Author(s):  
Musa Njabulo Shongwe
Keyword(s):  
International Law ◽  
Legal System ◽  
Case Law ◽  
Real Problem ◽  
Academic Scholarship ◽  
The Future ◽  
International Legal Order ◽  
International Legal System ◽  
Fragmentation Of International Law ◽  
Academic Debate

Abstract The fragmentation of international law is an undeniable issue in contemporary international law, which has received some considerable critical attention this past decade. Regardless of the fact that this is an age-old problem, its recent manifestations have sparked a debate in which two groups of international scholars (positivists and realists) have expressed contesting views on whether fragmentation is a real problem to be solved, or simply a pure academic anxiety about the future of international law. This paper describes why and how fragmentation is a problem of international law, through case law examples of substantive and procedural aspects of fragmentation. The paper then analyses the value of international law mechanisms of dealing with normative conflicts, as well as the shortcomings of those tools. The paper reviews the ongoing debate as to whether fragmentation is a negative or a positive force in the international legal order. The paper contributes to the academic debate by arguing that because of the structural make-up of the international legal system, fragmentation is inevitable, but at the same time, it is a manageable phenomenon. It is argued that fragmentation is a permanent feature of the international legal system, and as such, its relevance to the future of international law must not be undermined. The paper also argues and recommends that the ever-important goal of ensuring unity and coherence of the international legal system should never be lost, and this argument is advanced in view of contemporary academic scholarship that seeks to put the matter of fragmentation to rest.

Reservations to Multilateral Treaties: A Macroscopic View of State Practice

1980 ◽  
Vol 74 (2) ◽  
pp. 372-394 ◽  
Author(s):  
John King Gamble
Keyword(s):  
International Law ◽  
Legal System ◽  
Unanimity Rule ◽  
System A ◽  
State Practice ◽  
International Legal System ◽  
The Right ◽  
Multilateral Treaties

Many vexing, complicated, and important problems of international law relate in some way to reservations to multilateral treaties. No doubt, the right of states to make reservations to multilateral treaties is important to the functioning of an international legal system, a major component of which is multilateral treaties. As Edwin Hoyt pointed out two decades ago, the unanimity rule has given way to a much more flexible standard which permits reservations under many circumstances. Thus, the position adopted here is that many important questions should be asked about when and how reservations are used and what their aggregate impact has been. This approach contrasts with most others which concentrate on the legality of reservations. Reservations to multilateral treaties are a fact of life that can be evaluated and analyzed.

Nationality on Trial: International Private Law across the Mediterranean

2018 ◽  
Vol 73 (1) ◽  
pp. 81-113
Author(s):  
Jessica M. Marglin
Keyword(s):  
International Law ◽  
Legal System ◽  
Islamic Law ◽  
Legal Case ◽  
International Private Law ◽  
The Status ◽  
International Legal Order ◽  
History Of ◽  
International Legal System ◽  
History Of International Law

This article uses a single, transnational legal case that played out between Italy and Tunisia in the 1870s and 1880s to tell a truly global history of international law—that is, one that goes beyond the boundaries of the West. Samama v. Samama was a fabulously complicated case that dragged on in Italian courts for almost a decade. The crux of the legal arguments concerned the nationality of Nissim Samama, a Jew born in Tunis; Samama’s nationality, in turn, would determine which legal system regulated his estate. The Italian civil code enshrined respect for the national law of a foreigner, but such foreigners were presumed to be Western. A case involving the national law of Tunisia and the status of Jews called the very foundations of the international legal system into question. In putting Samama’s nationality on trial, the case opened up debate over fissures in the emerging theory of international law: How could non-Western states like Tunisia fit into an international legal order? How did Islamic law intersect with international law? What was the status of Jewish nationhood in a world increasingly based on exclusive nationalities? The Samama case offers access to the voices of European international lawyers debating the ambiguities of their field, as well as those of Maghrebis articulating their own vision of international law. The resulting arguments exposed tensions inherent to an international legal system uncomfortably balanced between universalism and Western particularism.

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