This research examines the rescue of refugees at sea in the context of international law and human rights. The article focuses on the search and rescue obligations outlined in the United Nations Convention on the Law of the Sea. The article also discusses other international initiatives relevant to the rescue of refugees at sea, including the International Convention for the Safety of Life at Sea and the Global Compact on Refugees. The challenges surrounding the rescue of refugees at sea are also analysed, including issues such as delays and refusals in assistance. The authors further explore disagreements over responsibility and jurisdiction in rescue operations involving refugees. Finally, the article underscores the need for a comprehensive understanding of international legislation and basic humanitarian principles when addressing the rescue of refugees at sea. It offers insights into potential solutions for addressing the challenges and controversies encountered in these rescue operations.

Indonesia is a disaster-prone archipelagic country and one of the world's largest emitters. Climate change has increased the risk of disasters in Indonesia, such as rising sea levels leading to floods. This is undoubtedly a threat to the Indonesian population in coastal areas and small islands. They will be forced to become Internally Displaced Persons (IDPs) if sea levels continue to rise and drown their houses. The number of IDPs in Indonesia has increased significantly in recent years. While IDPs have a legal status and are entitled to protection from the state, there is unfortunately no specific provision for IDPs due to climate disasters in Indonesia. This article examines the legal protection afforded to IDPs in Indonesia as a result of climate-related disasters; deals with the existing legal framework for IDPs; and assesses its adequacy in addressing the specific challenges faced by climate-related IDPs.

The legal status of Biodiversity Beyond National Jurisdiction (BBNJ) has been regulated through the High Seas Treaty as a common heritage of humankind. However, there still exist problems related to overlapping areas above the Extended Continental Shelf (ECS). In such areas, a significant continental shelf would fall within national jurisdiction, whereas the water column would be under the regime of the high seas, and BBNJ would be the common heritage of humankind. We argue that, in order to address the overlapping of areas within the superjacent waters in the ECS, a given sui generis status is required, so that the coastal state has a sovereign right to conserve the BBNJ in these areas. This study concludes that the sui generis arrangement should be implemented in the context of an overlapping ECS and its water column. The efforts of the Indonesian government to extend the continental shelf beyond 200 nautical miles constitute an important step in preserving natural resources for future generations.

As the Association of Southeast Asian Nations (ASEAN) becomes an influential actor in international investment rule-making, this article scrutinizes the environmental provisions within ASEAN investment agreements and evaluates their adequacy in preserving ASEAN member states’ (AMS) regulatory autonomy for environmental protection. Through a comprehensive survey of fifteen plurilateral investment agreements, the study conducts a comparative analysis with international treaty practices to determine the effectiveness of these provisions in reconciling environmental concerns with foreign investment promotion objectives. These findings reveal that environmental provisions in ASEAN investment agreements are often vague or narrowly tailored, limiting their ability to provide adequate regulatory space for AMS to implement necessary environmental measures. This article concludes by offering recommendations for enhancing environmental provisions in future ASEAN investment agreements to ensure a more balanced approach safeguarding both investment promotion and environmental regulation rights of AMS.

This paper presents factors to consider when designing DeFi regulations. DeFi regulations may be established by imposing obligations on developers and operators, who exist even in extreme decentralization cases. However, the requirements in current financial legislation, which heavily rely on intermediaries’ organization and personnel, are difficult to apply to DeFi. Instead, under DeFi, information can be obtained, analyzed, and aggregated on the blockchain and reported to the authority automatically and regulatory requirements may be reflected in the smart contract and automatically executed. This may require mandatory code audits by supervisory authorities and civil technology experts prior to execution, to check whether legal requirements are embedded in the code. In addition, measures addressing the risk-contagion effects in macroeconomic crisis, potentially arising from DeFi’s connectivity with traditional finance, must be considered.

Recently, China has published the “Security Assessment Measures for Outbound Data Transfers,” a crucial regulation on outbound data flows. This regulation contains strong national security considerations and produces independent and direct legal effects compared with other assessment systems in China’s laws. However, there is a possibility that conflict arises between these measures and the international commitments made by China due to the ambiguity in how "critical data" is defined, the excessive emphasis placed on self-risk assessment, and the arbitrary extension of procedures. Particularly, with China's current application to join the CPTPP, the restrictive measures of its cross-border data flow may appear to violate the obligation of CPTPP, but may be justified through CPTPP’s exception clauses. In light of this, it is necessary for China to adopt a more modest approach to balancing data security with the effort made to promote the flow of cross-border data.

AI-driven technology is becoming an integral part of our daily lives, spanning from smart home devices to social media platforms. However, the uneven distribution of AI technologies could result in a scenario where certain groups exert dominance over the direction of AI development. The consequences of inequality in AI evolution could further exacerbate existing economic gaps by concentrating benefits among a privileged few with access to advanced AI technologies. To address this question the, international communities should come forward and regulate the just development of AI with new and existing international laws. Although the existing international legal frameworks can be adapted to address AI-specific issues without the need for entirely new laws, however, the novel challenges presented by AI require unique and new international laws. Issues such as data sovereignty, data privacy, and data localization are areas where international laws and agreements need to evolve to accommodate the just development of AI.

The development of autonomous ships relies heavily on the Internet technologies, which have introduced a new type of risk to the shipping industry. Increasing dependence on the Internet computing and satellite communications makes cybersecurity a significant consideration for the current operation and future development of autonomy technology in the shipping industry. Cyber risks will be a more critical issue for maritime autonomous surface ships (MASS). This research identifies current international regulatory issues concerning cybersecurity in MASS, and exam ines potential regulatory improvements for the effective prevention and control of potential cyber risks. In terms of improvements, the authors suggest the adoption of a mandatory goal-based MASS code that constitutes an independent cyber risk management, separate from existing safety management systems based on the International Safety Management code. In addition, the SUA Convention for the suppression of unlawful acts against shipping must be revised to actively respond to cyber-crime as an emerging threat in the era of MASS.

Central bank digital currency (CBDC) is generally defined as the digital form of a country’s fiat currency. Based on the distributed ledger technology and other financial technology, CBDC could improve the efficiency of domestic and cross-border payments, increase payment safety and soundness, and promote financial inclusion. However, it is argued that the introduction of CBDC would threaten data security and invade personal privacy. Currently, this issue has received growing concern, and some recommendations are proposed by countries or international organizations, like privacy design, restrictions on public authorities and payment intermediaries, and establishing independent supervisory authority. Other suggestions include getting countries involved in international coordination and promoting the formation of unified standards. Among major economies, China is the first to launch CBDC, which is known as e-CNY. Based on an overview of the privacy protection legislation in China, this article attempts to describe the rules that should be followed when dealing with personal data generated in e-CNY circulation.

There has been a tectonic shift in the trade relationship between the United States (US) and China. This can be seen in the passage of new US legislation, recent US trade restrictions on exports and investment transactions with China, and worsening US relations with the World Trade Organization (WTO), particularly with its dispute resolution system. The Trump administration initiated a haphazard tariff and trade war with China, reversing decades of US trade policy pursuant to its long-standing stances of supporting free trade. To the dismay of many in the trade community within the US and globally, the trade actions by President Trump have been significantly extended and broadened by the Biden administration in its first two years, despite the expectation that it would reverse many of Trump’s policies. In this article, I present seven observations concerning President Trump’s and President Biden’s trade policies.

In recent years, various steps have been taken to build strong and effective intra-BRICS economic cooperation. Brazil, Russia, India, China, and South Africa have been meeting since 2009 and gained a lot of weightages on different areas of economic relevance. In this course, the contribution of India is very significant. The paper therefore aims to elucidate the bilateral relations of India with its BRICS counterparts. The study begins by stressing the importance of BRICS as a group and its importance in the context of India. The authors hold a descriptive methodology by adopting secondary data from various sources. The paper gives an overview of the individual bilateral relationship of India in terms of trade. Further, the study suggested how a change of policy and infrastructural development can make the relationship of India with BRICS counterparts much stronger and sustainable.

The Indo-Pacific region’s strategic importance lies in its role in global trade and energy supply. Strengthening multilateral institutions is crucial to maintain a balance of power amid China’s growing assertiveness. Post the change in the US administration and the pandemic’s impact on the world order, restoring multilateralism is emphasized. The Regional Comprehensive Economic Partnership (RCEP) plays a vital role in this multilateral order for the Indo-Pacific. India’s “Act East Policy” is an essential instrument for pursuing its interests in the region. However, India chose to opt out of RCEP, citing concerns about bias favoring China’s interests. This paper explores India’s significance in the Indo-Pacific and analyzes the implications of its decision on RCEP and the “Act-East Asia Policy.” India’s stance has broader implications for regional economic integration and its ability to balance China’s influence while shaping the Indo-Pacific’s evolving dynamics.

The RCEP is the largest FTA in the world. It was negotiated at a moment in history when criticism concerning globalization, multilateralism, and FTAs as effective tools for growth and well-being abounded. Those concerns have been aggravated by COVID-19 and the war in Ukraine, which affected not only world health but also increased protectionist temptations and disruptions in GVCs. This paper aims to analyze the likely contribution of this mega-deal, its economic and political variables, including the leadership that China will exert, and the objectives pursued during the negotiation. The agreement is contrasted with other major FTA, namely the CPTPP, the FTAAP and the Pacific Alliance, mainly in relation to integration efforts. It is concluded that the RCEP will indeed increase intraregional trade, although its full impact will take years to be felt. To maximize its impact, the RCEP needs to incorporate key current issues and new members to the pact.

In today’s world, intellectual property (IP) rights have become a significant part of overall corporate value as well as a “driver of important market transactions.” Nevertheless, patent commercialization and claims for damages due to patent infringement are often obstructed by parties’ differing positions on the patent value. To improve Vietnam’s legal and practical environment for patent valuation, this paper constructs a comparison of the prevailing frameworks of the United States and the People’s Republic of China with that of Vietnam to make recommendations meeting the stated purpose. An analysis of relevant academic literature suggests that parties should be allowed to choose their preferred valuation technique even when having engaged valuation professionals. Also, valuation service providers should be able to demonstrate the underlying rationale for selecting a particular valuation method. Other valuation techniques, such as forward citation counting, should also be studied to provide private parties, patent valuators and relevant state agencies in Vietnam with more options when facing the need to value a patent.

In the multilateral trading systems under the WTO, the national security exception plays a crucial role in balancing trade liberalisation against the security interest of a sovereign nation. The proper use of the national security exception is of particular importance in the disputes with mixed political, diplomatic and military elements. The EU has recently accused China of breaching WTO obligations by taking restrictive trade measures against Lithuania, thereby affecting free trade between the EU and China. This paper argues that the allegation would be frustrated by the application of the WTO’s national security exception, as the dispute is rooted in Lithuania’s breach of its commitment to the One-China principle, which is crucial to China’s sovereignty and territorial integrity. Outside the WTO ruling system, a unilaterally imposed international sanction would be insufficient to alleviate the dispute between China and Lithuania and would lead to a deadlock in the multilateral trading system.

The COVID-19 pandemic has adversely affected the overall economic growth of countries. Governments have taken various measures to prevent the spread of the virus, resulting in a significant increase in unemployment, such as young people who are disadvantaged groups such as first-time job seekers and inexperienced fresh graduates. The concept of sustainable development has been gradually recognized by most countries as an important principle in international regulations. It has been reflected in international treaties, judicial cases, and initiatives. To alleviate the pressure of youth unemployment, China has adopted a series of policies and measures, which are consistent with the concept of sustainable development. This paper intends to focus on the current situation of China’s youth employment market and relevant laws and policies to improve it. It draws on the measures taken by other countries to deal with youth unemployment and puts forward suggestions from the perspective of sustainable development.

The positive-list and negative-list modes of financial regulation differ in terms of which sectors are open to foreign services and suppliers. In the positive-list mode, only the listed sectors are accessible to foreign entities, whereas in the negative-list mode, all sectors are open except for those explicitly prohibited by law. Recent trade agreements such as RCEP, CPTPP, and USMCA have moved away from positive-list mode, especially in financial services regulation. While they do not adopt the negative-list mode either, they introduce new financial service clauses that facilitate market access for innovative financial products. These agreements also serve as a benchmark for opening up other sectors. They will continue to offer financial products, but their product types and transfer forms will differ from current financial services. China iscreating significant challenges in establishing a correct understanding of the new financial services clause, developing a robust regulatory system, and mitigating risks associated with opening the financial services market.

This Commentary provides a detailed analysis of the US-DPRK Peace Treaty, a proposed bilateral peace treaty between the United States and the Democratic People’s Republic of Korea (i.e., North Korea). The US-DPRK Peace Treaty was conceived as the first in a series of legal instruments to be executed in furtherance of the establishment of “peace as a system” on the Korean Peninsula. In this monograph, the authors envision that such a peace treaty would serve as a basis for peaceful co-existence between the two countries and, ultimately, a peaceful, non-volatile situation on the Korean Peninsula. The Commentary offers an in-depth explanation of each provision of the US-DPRK Peace Treaty, including the meaning, background, rationale and legal implications of individual provisions of the Peace Treaty. Additionally, it provides insight into relevant international law issues and the history of negotiations and engagement among interested parties in the context of the inter-Korean conflict.

There is no doubt that the BRICS countries established in 2000-01, have already made their mark on the international stage. Increasing relations among BRICS countries with less developed nations through south-south cooperation, especially, China, India, and Russia and with least developed countries are of significant importance. BRICS has been the forerunner of cooperation, collaboration and reformation of the present international governance structure and to move towards multilateralism. Over the years, BRICS has become a platform of, and for the developing countries. The ongoing conflict between Russia and Ukraine has created divisions in the world, impacting diplomatic relations that BRICS needs to address. The fact that Russia is the member of BRICS makes things complicated and new challenges has emerged for the bloc to take necessary actions and policy considerations. The article examines the challenges and opportunities for BRICS (as a bloc) amid Russia-Ukraine conflict in a post pandemic world.