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Articles 1 - 30 of 253
Full-Text Articles in International Law
Law In Books Versus Law In Action In The Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn
Law In Books Versus Law In Action In The Landmark Shenzhen, China, Personal Bankruptcy Regime, Jason J. Kilborn
Emory Bankruptcy Developments Journal
The first personal bankruptcy regime in Mainland China celebrated its second anniversary on March 1, 2023. An empirical assessment of the law in action during these first two years reveals some troubling deviations from the early promises of the new law on the books. In the first year, a handful of judges were charged with an arduous in-person review process for over 1,000 applicants, and they accepted only twenty-five for case initiation. In the second year, initial case review was delegated to an administrative body—an important efficiency enhancement that tripled the number of opened cases. Nonetheless, most debtors continue to …
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Walking The Red Carpet: Hollywood And Censorship In China, Sheryl Soundar
Notre Dame Journal of International & Comparative Law
No abstract provided.
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Coastal Conflict: How International Law Addresses China's Claims In The South China Sea, Madeline H. Broshears
Tenor of Our Times
The South China Sea is home to natural resources and reefs that benefit its surrounding states. International law divides these waters to grant certain rights to each coastal state so as to ensure fair distribution of the waters. As of late, China’s actions in the South China Sea frequently violate the distribution of waters under international law. They have infringed upon the Philippine’s waters and attempted to establish authority over most of the South China Sea, rather than remaining within their own waters. Thus, the Philippines filed arbitration against China, and the ruling rebuked China’s behavior in the South China …
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck
Pace International Law Review
The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …
Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos, Shigeki Sakamoto
Anatomy Of China’S Maritime Strategy: Threatening The Maritime Order Through Its National Legislation And Self-Centered Interpretation Of Unclos, Shigeki Sakamoto
International Law Studies
While the 1982 United Nations Convention on the Law of the Sea (UNCLOS) establishes an objective framework for the coordinated handling of the use of the sea by States in the exercise of their legislative, judicial, and executive powers, China’s legislative bodies, in enacting domestic laws for the fulfillment of treaty obligations, distort obligations in its domestic laws to secure their own national interests. For example, Article 6.2 of China’s Territorial Sea Law violates articles of UNCLOS by denying the right of innocent passage. In addition, China is extending its jurisdiction over security to the contiguous zone with Article 13 …
A Private And Efficient Approach To Us-China Trade: Bringing A Non-Violation Case In The Wto, Daniel C.K. Chow, Ian M. Sheldon
A Private And Efficient Approach To Us-China Trade: Bringing A Non-Violation Case In The Wto, Daniel C.K. Chow, Ian M. Sheldon
Vanderbilt Journal of Transnational Law
When Joe Biden defeated Donald Trump to become president of the United States in 2020, many observers hoped that Biden would reset the troubled US-China trade relationship. The Trump administration had abandoned the rules-based approach to international trade of the World Trade Organization (WTO) and adopted a power-based approach instead. Using a power-based approach, the United States imposed or threatened sanctions if China did not dismantle its state-led economy and terminate the use of industrial subsidies to support its domestic industries. The United States also crippled the dispute settlement system of the WTO so that nations could not challenge US …
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
A Fake Future: The Threat Of Foreign Disinformation On The U.S. And Its Allies, Brandon M. Rubsamen
Global Tides
This paper attempts to explain the threat that foreign disinformation poses for the United States Intelligence Community and its allies. The paper examines Russian disinformation from both a historical and contemporary context and how its effect on Western democracies may only be exacerbated in light of Chinese involvement and evolving technologies. Fortunately, the paper also studies practices and strategies that the United States Intelligence Community and its allied foreign counterparts may use to respond. It is hoped that this study will help shed further light on Russian and Chinese disinformation campaigns and explain how the Intelligence Community can efficiently react.
Dangers Of Protectionism In Free Trade, Jacob Walker
Dangers Of Protectionism In Free Trade, Jacob Walker
Washington International Law Journal
The recent establishment of large mega-free trade agreements has led to the potential for the rapid economic development of nations through the inclusion of provisions that lower tariff rates on goods crossing borders. Some countries, such as India, have shied away from these agreements in favor of protectionist strategies, which has led to inconsistencies in treaty negotiations and economic decline. India used protectionist strategies as part of its domestic plan, which has led it to withdraw from free trade agreements and weakened its regional partnerships. This comment examines the Foreign Direct Investment flowing into India before and after its withdrawal …
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan
Liberty University Journal of Statesmanship & Public Policy
In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …
Enter The Battleverse: China's Metaverse War, Josh Baughman
Enter The Battleverse: China's Metaverse War, Josh Baughman
Military Cyber Affairs
No abstract provided.
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Indiana Journal of Global Legal Studies
The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …
America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann
America's Foreign Policy Response To The Hong Kong China Conflict, Ciera C. Lehmann
Liberty University Journal of Statesmanship & Public Policy
Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. What should the response of the United States be? Hong Kong has been an important economic partner to the United States but is technically under the rule of China, who America has been working to maintain good relations with. In order to determine the course of action for American foreign policy, one must know what its foreign policy has been in the past and its relationships with Hong Kong and China are. Ultimately though, the United States has a moral …
Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du
Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du
Emory International Law Review
No abstract provided.
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
Seattle University Law Review
This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion
Dickinson Law Review (2017-Present)
No abstract provided.
Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman
Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman
Pace International Law Review
No abstract provided.
A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao
A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao
Fordham Environmental Law Review
In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …
United Nations At 75 And The Challenges Facing International Law, Ved Nanda
United Nations At 75 And The Challenges Facing International Law, Ved Nanda
Pace International Law Review
On September 21, 2020, the Member States celebrated the seventy-fifth anniversary of the founding of the United Nations. In the Declaration marking the occasion, world leaders recounted the achievements of the body, including catalyzing decolonization, promoting and protecting human rights, working to eradicate disease, helping mitigate dozens of conflicts, and saving lives through humanitarian action. They also enumerated challenges the world faces, such as “growing inequality, poverty, hunger, armed conflicts, terrorism, insecurity, climate change, and pandemics.” These challenges, the Declaration said, are interconnected and can only be addressed through reinvigorated multilateralism, which, it emphasized, “is not an option but a …
Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem
Covid-19 Pandemic, The World Health Organization, And Global Health Policy, Cosmas Emeziem
Pace International Law Review
The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for …
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
Information Age Imperialism: China, ‘Race,’ And Neo-Colonialism In Africa And Latin America, James Dever, Jack Dever
University of Miami Inter-American Law Review
No abstract provided.
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
China's Excessive Maritime Claims, Office Of The Staff Judge Advocate
International Law Studies
No abstract provided.
Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang
Fordham Intellectual Property, Media and Entertainment Law Journal
China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …
Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv
Guns-For-Hire: Chinese Mercenaries On The 21st Century Silk Road, Carl H. Peterson Iv
Washington International Law Journal
There has been an increased global use of private military contractors (PMCs) since the large-scale American use of them in the wars in Afghanistan and Iraq. This has included an increase in Russian and now Chinese PMCs. As China continues to develop its Belt and Road Initiative (BRI), it is likely that the world will see an increase in the number of Chinese PMCs used to protect these projects. In this event it is important to bring Chinese PMCs into the PMC industry’s most effective private regulatory bodies, as these bodies are often more effective at ensuring ethical PMC conduct …
An Incident In The South China Sea, Rob Mclaughlin
An Incident In The South China Sea, Rob Mclaughlin
International Law Studies
This article assesses characterization issues under the law of the sea, through the medium of an International Law Studies “maritime situation.” The article begins with a hypothetical scenario concerning an incident between a NATO warship and PRC vessels near Subi Reef and Thitu Island in the South China Sea. The analysis then turns to how we might assess characterization issues under the law of the sea as they apply to this incident. The lenses of analysis employed are: (1) Where, in law of the sea terms, did the incident happen? (2) Who, employing a law of the sea characterization scheme, …
China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto
China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto
International Law Studies
This article evaluates China’s public justifications for its unilateral maritime law enforcement activities in the South China Sea, including recent incidents affecting Indonesia, Vietnam, the Philippines, and Malaysia, against the binding international legal requirements of the United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties to the South China Sea, and the 2016 Permanent Court of Arbitration UNCLOS Annex VII arbitral award In the Matter of the South China Sea Arbitration. China’s unilateral maritime law enforcement activities in the South China Sea do not comply with UNCLOS and applicable international …
Reflections On Space Governance By China And Japan, Saadia M. Pekkanen
Reflections On Space Governance By China And Japan, Saadia M. Pekkanen
Georgia Journal of International & Comparative Law
No abstract provided.
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …
Why The Territorial Dispute Between Japan And China Cannot Be Resolved, Hiroshi Saito
Why The Territorial Dispute Between Japan And China Cannot Be Resolved, Hiroshi Saito
Japanese Society and Culture
This essay aims to suggest that the different idea of war would be a legal ground of each one on the territorial dispute between two States. There are three different time stages for the idea about war. The first stage is “the present time” which the developed states including Japan belong to and armed forces cannot be used to resolve international problems. The second is” the past time” especially time before the World War Two in which some developing states including China use armed forces to international conflicts. The third is “the ancient time” in which dictatorial or collapsed states …
Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley
Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley
Georgia Journal of International & Comparative Law
No abstract provided.