Congyan Cai Faculty of Law, Xiamen University Xiamen City, Fujian Province 361005 China.
Corresponding Author: caicongyan@xmu.edu.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
New national security (NNS) represents a twenty-first century's sociological paradigm on which the law is based on and is characterized by multiple actors, wide covering, low predictability, subjective perception, dual nature, and rampant diffusion. The emergence and expansion of the NNS prompts a highly advanced perspective to the rule of law at both the national and international levels, specifically, the relationship between international and domestic law. In this context, traditional approaches, 'international approach' or 'national approach,' are insufficient, so that a new 'managerial approach' is thus needed. The legal practice in relation to national security of China, a rising great power, attracts close attention in the international society. Furthermore, since Chinese conception of national security has its own 'Chinese characteristics,' how China will enforce its national security law in the context of international law remains to be seen. The NNS will lead profound sociological transformation upon which all legal orders are based.
Keywords : New National Security, National Security Law, International Law, China
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_04
2019년 3월 15일 금요일
Brexit's Challenge to Globalization and Implications for Asia: A Chinese Perspective
Shucheng Wang City University of Hong Kong School of Law, Tat Chee Avenue, Kowloon, Hong Kong.
Corresponding Author: shucheng.wang@fulbrightmail.org
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Brexit represents a backlash against globalization and runs in parallel with Donald Trump's presidential election. Both of these signal the rise of the nation-state and the rejection of the neoliberal vision of globalization in which national sovereignty has been increasingly dissolved. The article argues that it also has fundamental implications for Asia. In particular, China as the world's second largest economy is playing a bigger role in the region. Furthermore, with the rise of China, Asia's global order has become relatively fragile and multilayered in the sense that all big powers, such as the US and Japan, have their relative positions in the region simultaneously. In this regard, it would be more realistic for Asian countries to base their integration on their national sovereignty in a pragmatic way that they can maintain flexibility to the changing order of the world.
Keywords : Brexit, Globalization, Asia, Rise of China, National Sovereignty
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_03
Corresponding Author: shucheng.wang@fulbrightmail.org
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Brexit represents a backlash against globalization and runs in parallel with Donald Trump's presidential election. Both of these signal the rise of the nation-state and the rejection of the neoliberal vision of globalization in which national sovereignty has been increasingly dissolved. The article argues that it also has fundamental implications for Asia. In particular, China as the world's second largest economy is playing a bigger role in the region. Furthermore, with the rise of China, Asia's global order has become relatively fragile and multilayered in the sense that all big powers, such as the US and Japan, have their relative positions in the region simultaneously. In this regard, it would be more realistic for Asian countries to base their integration on their national sovereignty in a pragmatic way that they can maintain flexibility to the changing order of the world.
Keywords : Brexit, Globalization, Asia, Rise of China, National Sovereignty
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_03
Brexit: Is Britain Coupable?
Hyung Bok Chae Kyungpook Nat'l University Law School, 80 Daehak-ro, Bukgu, Daegu 41566 Korea.
Corresponding Author: europia@knu.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In a referendum on June 23, 2016: 51.9 percent of the British electorate voted in favor of the UK's withdrawal (Brexit) from the EU. The reasons are varied, and many were surprised by such 'unintended consequences.' However, Britain is setting a new global strategy to escape the regionalism of integrated Europe by choosing traditional 'splendid isolation.' Nonetheless, Britain could not immediately leave the EU; it must first conclude a withdrawal agreement in accordance with the procedure in Article 50 of the Treaty on the European Union. In this process, strong opposition within British society will pose great challenges, accompanying numerous other barriers to overcome. Following the Supreme Court ruling on January 24, 2017, the UK government recently completed the required parliamentary approval process before initiating Brexit negotiations with the EU. This paper concludes that Britain is indeed coupable of opting to return to nationalism based on sovereignty rather than peace, coexistence, and solidarity in Europe.
Keywords : Brexit, United Kingdom, Britain, European Union, Referendum
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_02
Corresponding Author: europia@knu.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In a referendum on June 23, 2016: 51.9 percent of the British electorate voted in favor of the UK's withdrawal (Brexit) from the EU. The reasons are varied, and many were surprised by such 'unintended consequences.' However, Britain is setting a new global strategy to escape the regionalism of integrated Europe by choosing traditional 'splendid isolation.' Nonetheless, Britain could not immediately leave the EU; it must first conclude a withdrawal agreement in accordance with the procedure in Article 50 of the Treaty on the European Union. In this process, strong opposition within British society will pose great challenges, accompanying numerous other barriers to overcome. Following the Supreme Court ruling on January 24, 2017, the UK government recently completed the required parliamentary approval process before initiating Brexit negotiations with the EU. This paper concludes that Britain is indeed coupable of opting to return to nationalism based on sovereignty rather than peace, coexistence, and solidarity in Europe.
Keywords : Brexit, United Kingdom, Britain, European Union, Referendum
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_02
The Investment Protection Chapter of the EU-Singapore Free Trade Agreement: A Model for the Post-Brexit UK IIAs
Siraj Shaik Aziz Singapore Management University School of Law, 81 Victoria Street, Singapore 188065.
Corresponding Author: siraj.sa.2010@law.smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding the uncertainties that now surround the implementation and efficacy of the Agreement in light of Brexit and a pending decision from the Court of Justice of the European Union. Such emulation would ultimately make for a better Investor-State Dispute Settlement System in the UK IIAs by providing a much needed update to its old investment treaty architecture.
Keywords : EUSFTA, Investment Chapter, Brexit, ISDS, Right to Regulate, Code of Conduct, Roster of Arbitrator
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_01
Corresponding Author: siraj.sa.2010@law.smu.edu.sg
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding the uncertainties that now surround the implementation and efficacy of the Agreement in light of Brexit and a pending decision from the Court of Justice of the European Union. Such emulation would ultimately make for a better Investor-State Dispute Settlement System in the UK IIAs by providing a much needed update to its old investment treaty architecture.
Keywords : EUSFTA, Investment Chapter, Brexit, ISDS, Right to Regulate, Code of Conduct, Roster of Arbitrator
The Full Text is available at: http://journal.yiil.org/home/archives_v10n1_01
The 'All Okinawa' Movement: Political and Legal Implications of the Okinawan Protest against the US Bases
Pilsu Jin 408 Graduate School of International Studies Building, Seoul National University, 1 Gwanak-ro, Gwanak-gu, Seoul 08826 Korea.
Corresponding Author: jpslalala@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This essay reviews the 'All Okinawa' anti-base movement, which has entered a new phase since November 2014. The Abe administration's coercive measures to proceed with the relocation of the US Marine Corps Air Station Futenma to Henoko in Okinawa, have aroused strong opposition. Led by Governor Onaga and the All Okinawa Council, the 'All Okinawa' movement has integrated the civic opinions for opposing the construction of a new base at Henoko. Moreover, this movement has pursued the autonomy as a way of exercising the right of self-determination. In addition, it contains an ethnic minority movement that reestablishes the Okinawan identity in relation to Japan.
Keywords : 'All Okinawa,' US Base, Anti-Base Movement, Futenma, Henoko, Autonomy, Identity Politics, Okinawa
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_12
Corresponding Author: jpslalala@naver.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
This essay reviews the 'All Okinawa' anti-base movement, which has entered a new phase since November 2014. The Abe administration's coercive measures to proceed with the relocation of the US Marine Corps Air Station Futenma to Henoko in Okinawa, have aroused strong opposition. Led by Governor Onaga and the All Okinawa Council, the 'All Okinawa' movement has integrated the civic opinions for opposing the construction of a new base at Henoko. Moreover, this movement has pursued the autonomy as a way of exercising the right of self-determination. In addition, it contains an ethnic minority movement that reestablishes the Okinawan identity in relation to Japan.
Keywords : 'All Okinawa,' US Base, Anti-Base Movement, Futenma, Henoko, Autonomy, Identity Politics, Okinawa
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_12
A Long Road to Brexit: How Britain came to leave the EU
Keechang Kim Korea University Law School, 145 Anam-ro Seongbuk-gu, Seoul 02841 Korea.
Corresponding Author: keechang@korea.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In a referendum held in 2016, Britain voted to leave the EU. Britain's membership of the EU has been a difficult one. Unlike the other leading Member States of the EU, Britain did not seem to have a firm conviction that "ever-closer union" of the peoples of Europe is essential to the peace and liberty of Europe. In the wake of increased immigration and the recent refugee crisis, the British people chose to leave the EU in order to have their sovereignty and independence re-affirmed. It remains to be seen what will be the economic consequences of this largely political decision.
Keywords : Brexit, EU, direct effect, supremacy of the Community law, Parliamentary Sovereignty, Single Market
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_11
Corresponding Author: keechang@korea.ac.kr
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In a referendum held in 2016, Britain voted to leave the EU. Britain's membership of the EU has been a difficult one. Unlike the other leading Member States of the EU, Britain did not seem to have a firm conviction that "ever-closer union" of the peoples of Europe is essential to the peace and liberty of Europe. In the wake of increased immigration and the recent refugee crisis, the British people chose to leave the EU in order to have their sovereignty and independence re-affirmed. It remains to be seen what will be the economic consequences of this largely political decision.
Keywords : Brexit, EU, direct effect, supremacy of the Community law, Parliamentary Sovereignty, Single Market
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_11
The Restrictive Immunity Doctrine and Employment Claims: Recent Trends in the Face of Competing Interests
Yasir Gökçe Fatih Mah. Sereflikochisar cad. No.79, Ortakoy Aksaray 68400 Turkey
Corresponding Author: yasir_gokce@hks16.harvard.edu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Absolute immunity means that a State cannot exercise legislative, judicial or executive powers over another State due to the mere fact that the latter is sovereign. Today, it is rejected by a considerable number of States which represent various legal systems. States argue that private acts of a State performed jure gestionis, apart from the conducts performed jure impreii, are justiciable. It can be asserted that the current State practice embracing the restrictive approach is the direction in which international law has been evolving. That said, States’ interests which led to the adoption of State immunity still continue to induce legislative bodies and courts to be cautious in formulating a broad exception to immunity for employment contracts, causing them to refocus on the question of whether the employment relationship is destined for governmental, public, or sovereign purposes.
Keywords : Sovereign Immunity, Absolute Immunity, Restrictive Doctrine, Customary International Law, Exceptions to State Immunity, Employment Contracts
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_10
Corresponding Author: yasir_gokce@hks16.harvard.edu
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
Absolute immunity means that a State cannot exercise legislative, judicial or executive powers over another State due to the mere fact that the latter is sovereign. Today, it is rejected by a considerable number of States which represent various legal systems. States argue that private acts of a State performed jure gestionis, apart from the conducts performed jure impreii, are justiciable. It can be asserted that the current State practice embracing the restrictive approach is the direction in which international law has been evolving. That said, States’ interests which led to the adoption of State immunity still continue to induce legislative bodies and courts to be cautious in formulating a broad exception to immunity for employment contracts, causing them to refocus on the question of whether the employment relationship is destined for governmental, public, or sovereign purposes.
Keywords : Sovereign Immunity, Absolute Immunity, Restrictive Doctrine, Customary International Law, Exceptions to State Immunity, Employment Contracts
The Full Text is available at: http://journal.yiil.org/home/archives_v9n2_10
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