Book Review: Michael C. van Walt van Praag, The Status of Tibet: History, Rights and Prospects in International Law (London: Wisdom, 1987, 381pp., £19.95)

1988 ◽  
Vol 17 (2) ◽  
pp. 397-399
Author(s):  
Pat Birnie
Keyword(s):  
International Law ◽  
The Status

Book Review: The Rights of Refugees Under International Law

2006 ◽  
Vol 37 (4) ◽  
pp. 643
Author(s):  
Helen Sims
Keyword(s):  
New York ◽  
Human Rights ◽  
International Law ◽  
Rapid Change ◽  
International Human Rights Law ◽  
Cambridge University ◽  
The Status ◽  
Normative Basis ◽  
Comprehensive Text

This article is a book review of James C Hathaway The Rights of Refugees Under International Law (Cambridge University Press, New York, 2005) (1200 pages) NZ$155. In the belief that a comprehensive text on the position of refugees under international law was lacking, Hathaway has produced a book seeking to explore the nexus between human rights and refugee rights at international law, and to argue for a dynamic and purposive interpretation of the Convention Relating to the Status of Refugees. Sims praises the book's accessibility, although it is conceded by Hathaway that the book will quickly be out of date due to the area of law undergoing rapid change. Nonetheless, Sims concludes that the book is comprehensive and remains a good place to start research. By linking refugee rights to international human rights law, Hathaway provides a stronger normative basis for arguing for the continued protection of refugees under international law. 

The Crisis of the Ryukyus (1877–82)

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty
Keyword(s):  
International Law ◽  
Colonial Power ◽  
Independent State ◽  
The People ◽  
The Us ◽  
The Status ◽  
Historical Viewpoint

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

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