Something I learned about while I was in China is that China claims, as a matter of international law, that it has "indisputable sovereignty" over most of the (oil-rich) South China Sea. This graphic illustrates the scope of China's sovereignty claims. China hasn't had a navy that could enforce this claim, until now. So Vietnam and the Philippines have been...
Next month, the University of Maryland School of Law will host a festshcrift honoring Professor Hungdah Chiu. Professor Chiu was a professor at U. Maryland and a well-known scholar of international law. He also was one of the first, and still one of the most important, scholars on the study of Chinese law (including both China and Taiwan) in the...
Apropos of Kevin's post below criticizing China's new criminal procedure law amendments, it is worth noting that some Chinese legal scholars are defending the consistency of such laws with international treaties. China's draft amendment to the Criminal Procedure Law will further help protect human rights, and conforms rather than contradicts international conventions, legal experts in Beijing have said. The experts made the...
It's not every day that a state enacts a law that blatantly authorizes crimes against humanity, so I feel obligated to give a special shout-out to China, who intend to make the crime against humanity of enforced disappearance official government policy: Chinese police will gain new legal powers to detain suspects for up to six months without telling their families...
A while back, I wrote an article on how states use the rhetoric of international law (specifically self-determination) as part of their broader foreign policy initiatives. Li Hong, the Secretary-General of China's Arms Control and Disarmament Agency, has an op-ed in today's China Daily that embeds law-talk (in this case the international law of outer space and multilateralism more generally) in...
David Hicks is back in the news here in Australia, because the DPP has announced that it intends to seize any royalties he receives from the sale of his book, Guantanamo: My Journey. The DPP's decision has received a great deal of criticism, for a variety of reasons: Hicks accepted a plea because the US government threatened to put him...
Having just returned from Asia, which is awash in disputes over territorial sea rights and exclusive economic zones, the U.S. domestic debate over ratification of the Law of the Sea Convention seems almost quaint. Unlike pretty much every country in East Asia, the U.S. does not have any serious boundary or other kind of dispute that is likely to be...
The International Court of Justice issued a "provisional measures" order today in a dispute between Thailand and Cambodia over a World Heritage temple located near or on the boundary between the two nations. The request for provisional measures was brought by Cambodia, which sought the withdrawal of Thai troops from around the temple. The ICJ granted this request, but went...
Passed along by Tony Anghie: The Asian Society of International Law will be holding its Third Biennial Conference in Beijing, China, on August 27th and 28th. The topics that will be addressed include human rights, international economic law and private international law, the law of the sea, climate change, disaster management, and the international law relating to security and conflict. A...
Members of Falun Gong have filed suit against Cisco, alleging the company collaborated with the Chinese government to develop and maintain “Golden Shield” technology. As a result of this technology, Falun Gong members have allegedly suffered “severe and gross abuses, including false imprisonment, torture, cruel assault, battery, and wrongful death.” The complaint, filed by my former colleague Lee Boyd and...
The Melbourne Journal of International Law is delighted to be continuing our partnership with Opinio Juris. This week will feature three articles from our most recent issue. The full issue is available for download here. On Monday, Douglas Arner and Ross Buckley will discuss their article ‘Redesigning the Architecture of the Global Financial System’. Examining the history of global financial governance...
According to a press release today, the OTP is conducting a preliminary examination into whether two recent North Korean attacks on South Korea qualify as war crimes: The shelling of Yeonpyeong Island on the 23 November 2010 which resulted in the killing of South Korean marines and civilians and the injury of many others; and The sinking of a South...
