Visualizing international studies on cyberspace sovereignty: concept, rationality, and legitimacy

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jianzhong Shi ◽  
Ming Xu

Abstract This study visualizes the international cyberspace sovereignty studies collected in Web of Science Core Collection to construct knowledge bases, development status, and dynamic trends drawing on scientometric method by instrument CiteSpace (5.7.R5). The findings show that the international studies on cyberspace sovereignty have phased and interdisciplinary characteristics. Its research theories, perspectives, and methods will be affected by practical and legal environment in the international contexts. Additionally, this study discusses its rationality to gain the concept through temporal evolution, spatial variation, and linguistic rank; explores its legitimacy through existing necessity, Common Law of Nature spirit and Positive Law foundation; and finally puts forward its implementation path. Furthermore, the logical basis and jurisprudential basis have established the status of cyberspace sovereignty in international law.

2020 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Shisong Jiang

The mainstream of international legal academia has started to address a distinctive fundamental question of whether international law is international in recent years, in which national differences in terms of the understandings of and approaches to international law have been (re)recognized and accentuated. Thanks to its increasing importance and influence in the international community, the ways in which China engages with a variety of international legal issues and topics have garnered more attention from the so-called western scholars. Meanwhile, Chinese international legal scholars have also committed to establishing a Chinese school of international law through which to intensively and comprehensively showcase its own characteristics in this regard. Against this backdrop, this article aims to unveil the underestimated part of its characteristics concerning the socio-legal scholarship in China’s international law research by taking the interdisciplinary study of international law and history as an example. To that end, this article first reviews the overall configuration of international law research in China and roughly summarizes the current “Chinese characteristics” as follows: 1. The ternary, multipolar, and marginal morphology of the scholarly field of international law; 2. The China-based, trending topic-driven, and positive law-oriented contents of international legal scholarship. These characteristics also imply the present dominance of the doctrinal tradition in Chinese international legal scholarship, which has impeded the interdisciplinary collaboration between international law and other disciplines or fields of research. However, this article also recognizes that the emergence of socio-legal approaches to international law in China by assessing the status quo of research on international law and history in particular and international law and other social sciences in general, although the voices of this group of interdisciplinary academics are still relatively feeble.


Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.


Author(s):  
David Boucher

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.


Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty

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.


Author(s):  
Congyan Cai

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.


Societies ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 34
Author(s):  
Eva Martin-Fuentes ◽  
Sara Mostafa-Shaalan ◽  
Juan Pedro Mellinas

There is a lack of comprehensive international studies on accommodations for people with disabilities; only small, local-level studies exist. This study aims to show the status of the tourist accommodation sector through the online distribution channel in terms of accessibility to offer more inclusive tourism. A descriptive analysis has been carried out with more than 31,000 hotels from the online travel agency Booking.com, in the 100 most touristic cities in the world. For the first time, an accurate picture of adaptation in the hotel sector for people with disabilities is presented. Results show that the adapted hotel infrastructures by countries are uneven. The main adaptations are those that help to avoid mobility barriers, and in contrast, hotels offer very few adaptations for sensory disabilities such as visual disabilities. Moreover, this study shows that, worldwide, countries with the highest income per capita, such as the United States of America, Canada, Ireland, Australia, New Zealand, Qatar or the United Arab Emirates, have the highest degree of hotel adaptation.


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