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Current Issue: VOLUME 14, NUMBER 1
Preface
By Wu Peiyao and Cao Wenjiao
The Fall 2021 Issue of Tsinghua China Law Review is a special issue on China and History of International Law. Under the topic, excellent scholars explore development of various international law concepts and issues concerning China and demonstrate their unique understandings. [read more...]
  
Preface | 14 Tsinghua China L. Rev. (2021)
The Deformation of the Law of Territory between 1880 and 1930 – with Implications for Selected Present Day Controversies
By Anthony Carty
The international law of territorial acquisition is firmly entrenched around the principle that evidence of state activity – effectively exclusive state control – is an essential prerequisite to a territorial claim. However, a broader survey of international legal history shows that there was never unanimity of legal opinion excluding an alternative – and rather obvious – possibility that land belongs to the people traditionally inhabiting it. The article considers how to recover the original humanist tradition of international law. It concludes by reviewing three contemporary issues in order to place them in this wider context of the history of the international law of territorial acquisition. [read more...]
 
 
Article | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
Vast Imperium: How Guangxu Era Geopolitics Shaped Chinese Conceptions of Sovereignty and International Law
By Ryan Martínez Mitchell
Accounts of the transmission of Western notions of sovereignty and international law to China, and their local receptions or reconceptualization, often skim over the late 19th century. However, the events of the 1870s-1890s played a major, transformative role in the discourses of international legal order and statehood in modern China. This article suggests a new emphasis upon these transnational encounters, especially certain often-overlooked interactions between the Qing and Meiji Japan, as key moments in the transmission of international law concepts. Analyzing discourses of the period across six different languages, China’s modern zhuquan / sovereignty is revealed to have highly diverse intellectual origins. [read more...]
 
 
Article | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
International law and the Evolution of the Chinese Constitution: From Peaceful Co-existence to Humanity’s Interdependence
By Wang Chao
The normative discourse underlying the Chinese Constitution has shaped local perceptions of the norms and values underlying international law. The concept of “a community of shared future for mankind” in China’s 2018 constitutional amendment revealed a shift in focus from the local reception of international law to more active involvement in rulemaking in the international legal regime. Framing the shared future of mankind as one of interdependence and commonality may enable China and the international community to converge on a normative consensus in the making of international law by exploring ways of pragmatically identifying and solving international issues through international law without advancing a particular political or ideological agenda. [read more...]
    
Article | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
Enforcing Global Health Law in Domestic Legal Systems: a Case Study of the Hong Kong Special Administrative Region
By Eric C. Ip
The COVID-19 pandemic has sparked considerable interest in global health law, the scholarship of which, focused on the global level, typically neglects the careful study of how global health law is enforced on the ground in municipal legal systems. This Article contributes to supplying this gap with a detailed case study of global health law as it is enforced in the legal system of the Hong Kong Special Administrative Region. Notwithstanding the usual consequentialness of case law in a common law system, Hong Kong courts have played a marginal role in the domestication of global health law. This state of affairs calls for the development of principles to govern the coherent implementation of global health law in the local legal system, during which the courts can play a constructive role.[read more...]
    
Article | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
The EU-China Comprehensive Agreement on Investment - Blunder or Win?
By Daniel Zigo
The article deals with the very current issue of mutual investment relations between the EU and China, especially in the context of the EU-China Comprehensive Agreement on Investment. The author primarily analyzes the current legal framework and practice between the two partners and touches on possible problematic aspects and barriers that prevent the use of the full potential of these relations. Furthermore, the article directly addresses the investment agreement in question, analyzes its main parts and provisions and puts them in context with other investment or trade agreements that the parties have concluded. Based on findings and comparisons with other authors, the author answers the question of whether the CAI is an investment agreement that has the potential to take the EU-China relationship to the next level or is a wrong move for the parties. [read more...]
    
Article | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
Is China Just another Japan in the World? Towards a Non-hegemonic Understanding of Global Order
By Yin Zhiguang
The latest addition to Zhang Yongle’s systematic investigation of modern Chinese legal and political ideas in times of crisis and transformation is titled Shifting Boundaries, A Global History of the Monroe Doctrine (此疆尔界:门罗主义与近代空间政治). Although demonstrating a high academic rigorous in the discipline of intellectual history, this book is far from being a conventional investigation of the concept Monroe Doctrine. we often could hear the judgement that China is not a “conventional nation-state” that needs to be treated with care or even as an abnormity. However, could it be that the crystal ball we use to comprehend the world that is broken? Or maybe it’s not a crystal ball after all. The answer to this question lies partially in Zhang’s comparative historical investigation. [read more...]
    
Book Review | Symposium | 14 Tsinghua China L. Rev. XXX (2021)
China’s Draft Amended Arbitration Law – Does it Go Far Enough?
By Fredrik Opsjøn Lindmark
In 2021, the Ministry of Justice finally published a draft with proposed amendments to the Arbitration Law. This Note analyzes the Ministry of Justice’s Proposed Draft from several angles. After detailing the historical and political context in which the current arbitration law reform is taking place, this Note provides a comprehensive analysis on the most pressing amendments proposed by the Ministry of Justice. While many of the changes are seen as welcome by the arbitration community, the Note also argues that, in some ways, the Proposed Draft does not go far enough to make China’s Arbitration Law sufficiently modern to fit the ambitions of an international arbitration hub. [read more...]
    
China Law Update | 14 Tsinghua China L. Rev. XXX (2021)
The Anti-Foreign Sanctions Law: Features and Legitimacy in International Law
By Liu Mingxin
The newly adopted Anti-Foreign Sanctions Law (AFSL) of China authorizes the Chinese government to add certain foreign entities to a list if they involve in making or implementing discriminatory restrictive measures imposed by foreign countries upon Chinese natural or legal persons. In comparison with the sanction regime of the United States and the European Union, the AFSL is more passive and defensive. With respect to the issue of legitimacy, China may rely on the countermeasure under customary international law to justify those restrictive measures. The increasing unilateral sanctions around the world also indicate the dilemma of whether international law could provide states with prompt and effective relief, due to the shortage of compulsory dispute settlement and enforcement mechanisms. [read more...]
    
China Law Update | 14 Tsinghua China L. Rev. XXX (2021)

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