In association with the International Commission of Jurists

Asia-Pacific

30 Oct

I have been curious to see how China would respond to yesterday's UNCLOS Annex VII Arbitral Tribunal's ruling finding it has jurisdiction to hear the Philippines South China Sea related claims.  Well, the Chinese Ministry of Foreign Affairs was ready with this blistering response: Q: The Arbitral Tribunal established at the request of the Republic of the Philippines rendered the award...

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27 Oct

The US Navy executed a much anticipated "freedom of navigation operation" (FONOP) today within 12 nautical miles of Subi reef, the site of one of China's artificial islands in the South China Sea.   Predictably, China has reacted sharply to this operation by sending two Chinese destroyers to shadow the U.S. ship and planes, summoning the U.S. ambassador, and issuing angry...

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14 Oct

The BBC charts the latest back-and-forth between China, the U.S. over the Spratly Islands and, especially, navigation in the South China Sea. Much of the discussion of this issue has focused on the increased pace of China construction and land reclamation on series of islands and reefs, changing the “facts on the ground” to bolster its territorial and maritime claims....

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30 Jul

While I was on (my completely undeserved) vacation in California recently, I noticed more evidence that China's government is becoming hyper-sensitive about criticism of its non-participation in the Philippines-China arbitration at the Hague. First, a top U.S. government official stated at a conference on July 21 that, among other things, "...

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27 May

I have been following closely the U.S. Navy's plans to use military ships and aircraft to challenge China's aggressive land reclamation activities in the South China Sea, and China's not very positive reaction to these plans.  But although there is a real dispute brewing here that could escalate into a sovereignty fight, I think media reports are making this dispute...

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17 Apr

I am slammed with a couple of projects right now, but I can't help throwing this question out to the legal blogosphere.  Does the new "Bipartisan Trade Priorities and Accountability Act" recently introduced by leading U.S. Senators violate the U.S. Constitution's bicameralism and presentment requirements as stated by the U.S. Supreme Court in INS v. Chadha? The BTPAA seems crucial as...

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17 Mar

[Sonya Sceats is Associate Fellow in the International Law Programme at Chatham House where she leads a project on the implications of China’s rise for the international human rights system. Follow @SonyaSceats and @CHIntLaw] China punches below its weight in the development of international law, despite its growing international power and the participation of Chinese representatives and experts in various international...

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02 Mar

A bipartisan group of US lawmakers proposed the Hong Kong Human Rights and Democracy Act last week.  The proposed law would "would enhance U.S. monitoring of Hong Kong’s autonomy and human rights and ensure that these issues remain a cornerstone of U.S. policy," according to the bill's chief sponsor, Rep. Chris Smith. Reactions in Hong Kong and China are already pretty negative. "We...

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02 Mar

Japan has been slowly moving to modify its domestic law, both constitutional and legislative, restricting the use of its military forces outside of Japan.  In its latest political discussions, it is worth noting that Komeito, a partner to the ruling Liberal Democratic Party, has been insisting on the three "Kitagawa" principles as a basis for any new law governing the...

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14 Feb

Today's a travel day, so I don't have time to write a full post. But I thought I'd flag a very interesting article in The Diplomat about China's new draft anti-terrorism bill, which seems to have a strong chance of becoming law. Here's a snippet: Obviously owing to the worrisome escalation of terrorist acts since the Tiananmen Square attack in October...

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22 Jan

Not surprisingly given where I perch on the political spectrum, I love protest songs. One of my favourite jogging playlists is a disparate collection of classics -- Buffalo Springfield's "For What It's Worth," Barry McGuire's "Eve of Destruction," Country Joe and the Fish's "I Feel Like I'm Fixin to Die Rag," Paul Revere and the Raiders' "Indian Reservation," Phil Och's...

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