This research concentrates primarily on the foundation of the China International Commercial Court (CICC), considering the structure and functions of the Court. The main objective of CICC is to develop a dispute resolution mechanism for the Belt and Road Initiative (BRI). Given its predominant Chinese orientation, CICC may encounter various challenges as the BRI’s contracting members possess diverse judicial systems. This article will focus on the jurisdiction of the court and the procedures of enforcement of its judgments, orders, and direction. The authors also discuss the types of legal and administrative changes necessary to make CICC an effective and successful dispute resolution body. The BRI is a crucial element of Chinese strategies to control the global economic system. Therefore, CICC can provide critical insight into the present Chinese goals about international order. This paper finally examines that CICC symbolizes a Chinese ambition to strengthen, modify, or challenge the current international system.
Self-defence has long been understood as an inherent right of a State when it is militarily attacked by another State. After September 11 attacks, however, there have been attempts to reinterpret the meaning of ‘armed attack’ under Article 51 of the UN Charter to include attacks by terrorists - non-State actors. This paper critically examines the legal and policy considerations that promote a right of self-defence against terrorists by means of thoroughly analyzing the text of the UN Charter, State practice and the jurisprudence of the ICJ. The paper finds that a terrorist attack as such may not be an armed attack within the meaning of Article 51 of the Charter unless it is an act of a State or directly imputable to a State and is on a large scale with substantial effects. The paper concludes that unilateral use of force against a State in the name of self-defence is not the correct way of combating terrorism and that there are effective alternatives such as addressing the root causes of terrorism, resorting to law enforcement mechanisms or coercive countermeasures, and strengthening multilateralism.