The exploitation of the underwater cultural heritage (UCH) involves various competing interests, which are of private and public, commercial and non-commercial nature. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage (CPUCH) aims to deal with various issues apropos those competing interests. Its basic concerns include how UCH should be best protected, how in situ preservation should be practised, whether UCH should be commercialized at all or not, and whether salvage should be included in the UCH law. This paper examines these said competing interests and then looks for a balance between them. With an in-depth analysis of the concerned principles and rules, it argues for combination of ‘mutuality interests’ in consonance with the basic legislative scheme of the CPUCH. This approach is meant for the exploitation of UCH both for commercial and noncommercial purposes, which would, in fact, fulfill the expectation of the international community.

In order to address climate change, the international community established a regulatory framework in addition to adaptation and mitigation strategies being at its core, and adopted “common, but differentiated responsibility” as the fundamental principle behind the international climate change regime. However, the climate change regime has reached an impasse in recent years. This paper suggests that “common and symmetrical responsibility” should become the central organizing principle of the future climate regime in order to resolve disagreements among countries and encourage the initiative by the international community. This paper not only provides an analysis of the “bridging mechanism for adaptation and mitigation,” based primarily on the allocation of quantified emissions, limitation and reduction commitments and the sharing of multilateral climate funds, but also discusses the “cut-or-fund” scheme and “cut-and-fund” scheme in in developed and developing States, respectively under this mechanism.

There are approximately 116 straits used for international navigation around the world. Some of them are important international maritime chokepoints, namely the Dover Strait, Hormuz Strait, Straits of Malacca and Singapore and the Russian straits across the Northeast Arctic Passage. Due to the high number of navigational traffic going through these straits, vessel-source pollution is endemic in these waters. This article examines the applicable international legal framework on protection of the marine environment of straits used for international navigation such as Part XII of the United Nations Convention on the Law of the Sea and other related legal measures like International Maritime Organization conventions on protection of the marine environment. This article concludes by stating that the present framework is not sufficient in properly balancing two vital interests in the maritime world – protection of the marine environment vis-à-vis shipping.

The ad hoc international criminal tribunals addressing the mass atrocities involving such extraordinary crimes like genocide, crimes against humanity and war crimes have developed a delicate and intricate judicial scheme of ‘delayed disclosure.’ Against the backdrop of the unique gravity of egregious atrocities, ‘delayed disclosure’ aims at respecting the fundamental interests of both the accused and the witnesses, which has turned out to be an exceptionally challenging judicial exercise. Striking a balance between the rights of the accused to have adequate time to prepare his defence on the one hand, the protection of identifying information of witnesses who may be subject to serious danger or threat requires highly disciplined judicial vigilance on the other. For the purpose of elucidating the demanding challenges involving the practice of ‘delayed disclosure,’ this paper explores the relevant rules and case law of the ICTY and the ICTR.

Until the late nineteenth century, the history of international law was remarkably Eurocentric. In the early twentieth century, however, a number of Chinese intellectuals examined and demonstrated existence of international law through the Spring and Autumn and Warring States Period in China. They used international law as a symbol of civilisation to express a gesture of resistance toward the Western imperial oppression and cultural invasion. In this way, Chinese intellectuals hoped to maintain, publicise, or even resurrect China’s rich cultural tradition in a global order governed by the West. Their endeavour represented an important variable in the European imperialist expansion process and constituted political interaction with western ideas to create a truly universal discourse. Unfortunately, most of their efforts have almost been forgotten. What the readers could perceive from these faded writings are not only academic assertions, but also the final splendour of an aged empire.

The development of the law of self-determination has been stagnant in terms of scope and content in its application in the postcolonial context. It requires a new paradigm to persuade the United Nations, its specialized agencies and affiliated organizations to address current phenomenon regarding normative, institutional and community awareness. This research has revealed that the essential meaning of self-determination is a remedial means for an oppressed person both in colonial and postcolonial context. While the colonial context has ended, postcolonial self-determination remains focussed on both repairing the historical wrongs of the colonial context, responding to the breakdown of a state, and recovering from persistent violations against anyone in the State. Accordingly, this paper will contribute to the development of guidelines for these applications: which primarily refer to some degree of internal self-determination (autonomy); and when this proves unsuccessful, external self-determination (independent) can be proposed as the last resort.

After Tza Yap Shum v. Peru, the case of Sanum v. Laos, brought by a Macanese investor, reattracted public attention to the critical issue of the applicability of the People’s Republic of China Bilateral Investment Treaties in China’s Special Administrative Regions. The Permanent Court of Arbitration held the PRC-Laos BIT extends to Macao according to the purpose and context of the BIT, but its reasoning is not tenable as its logic is flawed. In comparison, in the appeal, the conclusion reached by the Singapore High Court seems plausible, but there are still queries to the Court’s admission of further evidence. The author argues that the PRC BITs are not applicable to Macao and Hong Kong, on the basis of analyzing the treaty interpretation methodologies of this case. Notwithstanding the fact that the final award has not been rendered as of now, the Sanum v. Laos Case carries significant meaning to investment protection in China’s SARs.

Building the 21st Century Maritime Silk Road is a new initiative for international cooperation. It will have a positive impact on the peaceful use of the South China Sea by encouraging a Code of Conduct to Parties in the South China Sea between China and ASEAN members; realizing a breakthrough of jointly developing oil and gas resources in the area; promoting comprehensive cooperation in maritime non-traditional security field; and providing a peaceful external environment for the South China Sea dispute settlement. The South China Sea dispute is a negative challenge to building the 21st Century Maritime Silk Road. However, the pace building should not be stopped because of it. In the future, the 21st Century Maritime Silk Road will be on the international consensus as an international legal regime. Also, it will improve the domestic legal system regarding building the 21st Century Maritime Silk Road for China as well as the countries along the Belt and Road, especially the ASEAN members.

This research offers a concise retrospect on the South-South Coalition Strategy within multilateral trade negotiations of the GATT/WTO framework. The SSC strategy evolved in the postwar era, when the South integrated itself to demand for a New International Economic Order featured by fairness of outcome in international economic rules and activities. It then encountered an opponent trend of neo-liberalism, through which the South practically decided to sectoral exchange of economic interests with the North. From the new millennium onward, the South is learning to adopt a more issue-specific SSC strategy in trade negotiations. Although a question is arising for the future of SSC because of some emerging nations rising out from the traditional South group, a timely reflection from an evolutionary perspective would facilitate the understanding of the SSC strategy for weak countries to establish a fairer international economic order.

This paper examines the new trends of interaction between the legal transformations in China and the international investment treaties, focusing on the legal reforms after the Fourth Plenary Session of the Eighteenth Party Central Committee Fourth Plenary Session of the 18th Party Central Committee of the PRC of 2014 (2014 FPS). It envisages that the 2014 FPS will impose significant influence on the current legal system in China, on the forthcoming Foreign Investment Law of China, and eventually on the negotiation and application of the international investment treaties concluded by China because the CPC Central Committee Decision on Certain significant Issues regarding the Comprehensive Promotion of Law (PCC Decision) has demonstrated the directions of legal constructions and reforms explicitly and comprehensively from the administrative, judicial, social, and jurist perspectives, which constitutes the most inclusive PCC Decision regarding Chinese law and justice.

In 1999, Professor Philip Nichols argued that FCPA-style home country laws are efficient in combating transnational bribery, unlike host country regulation and corporate selfregulation. Observing feeble results obtained in 15 years of OECD Anti-bribery Convention, we find arguments for amending this assertion; home countries, aside from enforcing their own laws banning foreign bribery, should reconsider the classical ways of fighting transnational corruption, by helping host governments in their anti-corruption efforts and by encouraging their own corporations to join international dialogic webs. After presenting an original analysis of the reasons behind the limited impact of FCPA-style action, we would then further argue for the two alternative solutions backed by home states, looking respectively at the spectacular results of the anti-corruption campaign in Romania with US support, and at China’s recent position that her corporations should adhere to international private standards on foreign bribery.

Transnational terrorism in the twenty-first century is a unique threat that has sparked equally unique responses from nations at the receiving end of it, particularly the US. Some of these responses, however, have ignored both provisions of international law and the political realities prevailing in regions of Pakistan where the Drone strikes have been conducted. This poses various policy problems as the US has continuously used legal lacunae in international humanitarian law to carry on its “war on terror.” This paper addresses the problem by proposing a new form of armed conflict known as “transnational armed conflict,” which accounts for the unique nature of a conflict between a State and a non-State actor operating from the territory of another State. It allows for the setting of appropriate impact and assessment thresholds that could effectively bring such countermeasures in compliance with the accepted principles of international humanitarian law.

Three foreign investment laws of China were enacted when she was mainly a capitalimporting state. The main purpose of these laws was to boost the Chinese economy with the capital, technology and management of foreign investors. Many preferential treatments, rather than national treatment, were given to foreign investment especially before the country joined the WTO. Following the reform of market economy, fair and equal treatment to foreign investors are replacing the preferential treatments. A new draft of Foreign Investment Law was released in the spring of 2015 to reform the governance of foreign investment by granting national treatment to foreign investors in both admission and operation. The restrictions to foreign investment will be subject to the categories of special administrative measures, which are composed of forbidden and restrictive categories. This is going to be China’s biggest reform on the legal system of foreign investment since 1980s.

Canada and China’s new Foreign Investment Promotion and Protection Agreement (“CC-FIPA”) came into force on October 1, 2014. This work discusses some of the main benefits to be gained from building stronger investment relations between Canada- China, as well as a Canadian perspective on the main investment risks that are most likely to impede either country from achieving the full potential in their investment relations. Against this backdrop, this work then examines those provisions in the CCFIPA that are most central to promoting Canada-China investment benefits, as well as those provisions that are most relevant to protecting against the investment risks in Canada-China relations.

The MV Arctic Sunrise, a vessel bearing the flag of the Netherlands, was detained by Russian authorities. The Netherlands instituted Annex VII arbitral proceedings against the Russian Federation and requested the International Tribunal for the Law of the Sea to prescribe provisional measures for the immediate release of the vessel and its crewmembers. On January 22, 2013, the Philippines instituted arbitral proceedings to challenge China’s claims over the South China Sea and the underlying seabed. Both China and Russia claim that the tribunal in question does not have jurisdiction, and neither of them appeared before the tribunal. This article offers an analysis of the facts and reasoning in the Arctic Sunrise case concerning Russia’s declaration and its nonappearance. Furthermore, this article explores the relevant provisions of UNCLOS and relevant views, as well as attitudes of ITLOS towards certain issues.

This article examines two questions: (1) whether the Production Sharing Contract in oil and gas sectors between different countries should be considered as an international agreement or a private agreement; and (2) how to formulate uplift in the PSC which contains the value of equity for investors and the State. In the Production Sharing Contract, there is problem of setting the tax on oil and gas sector particularly uplift policy relating to the taxation of income in the state revenue sources. This issue is related to the return of controversy of operational costs recognized by the contractor (cost recovery claim). This tax controversy gave rise to uplift that is only levied on oil and gas State owned Enterprises contracting partners in the scheme of the Joint Operating Body, especially in the old fields with advanced technology (Enhanced Oil Recovery). The controversy is related to the declining production and increased production costs that are recognized by the contractor.