Suchergebnisse

Defence date: 19 June 2009 ; Examining Board: Chia-Jui Cheng, Soochow University, Taiwan; Francesco Francioni, European University Institute; Ernst-Ulrich Petersmann, European University Institute (Supervisor); Werner Zdouc, World Trade Organization ; First made available online 15 March 2019 ; This thesis examines the constitutional significance of WTO memberships of China, Taiwan, Hong Kong, China and Macau, China and their contribution to judicial settlement of trade disputes. I firstly present the complexities of legal bases and accession histories of these four members, point to the need for a strengthened judicial protection in external trade areas, and then explain why a constitutional approach toward WTO law will contribute to judicial settlement of trade disputes and thus enhance peace and security among them. In this context, I analyze existent provisions pertaining to domestic judicial review under the WTO Agreement. I also examine the obligation to provide an independent and impartial judicial review as embodied in China's Accession Protocol by reference to global and regional standards on judicial independence and impartiality. I also explore its implication to Chinese judicial reform. In respect of Taiwan, I examine existent constitutional/legal regulatory regime on China trade policy and relevant jurisprudence. I also use a case study to illustrate how a constitutional approach to WTO law and an approach based on domestic administrative law lead to different answers. I then continue to examine existent trade settlement mechanisms at different levels. I start with trade disputes between China and Taiwan. I argue that third party participation offers a good alternative for them to interact with each other in the WTO Dispute Settlement Mechanism. Domestic judicial protection is insufficient and ineffective and needs strengthening. Given the direct transportation agreements signed in 2008, I also slightly touch upon the 'prompt negotiation' clause therein. In the case of China and Hong Kong, China and Macau, China, I conclude that there is a danger for the erosion of autonomy of these two special administrative regions from interference of the Central Authority through legislative interpretation. I also argue that these three members tend not to go for the WTO forum. In addition, the Closer Economic Partnership Arrangements should include a dispute settlement mechanism with higher degree of judicialization. Regarding Taiwan and Hong Kong, China and Macau, China, I argue that 'China factors' are of decisive importance. I then explain why the WTO forum is not preferable to these three members and why the private international law approach seems more appealing. All through this thesis, I emphasize on the importance of preserving and ensuring peace and security. A constitutional reading of their WTO memberships will help these four members to constitutionalize their external trade policy-making where judicial governance, particularly the WTO Dispute Settlement Mechanism, is underlined. Only through judicial settlement of trade disputes among these four members can the cross-strait perpetual peace be sustained.

"This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India, and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of International Trade/Economic Law, EU Politics, EU External Relations (Law), International Relations, Diplomacy and more broadly to International Relations and Asian studies"--

This report examines what has come to be known as "vaccine nationalism" through the lens of the early experience with the COVID-19 vaccination process. After explaining the meaning of the term, this report investigates how this phenomenon has manifested during the COVID-19 pandemic, identifying its epidemiological, economical, ethical and legal aspects. It also looks at the different international initiatives that have been adopted to deal with it, concentrating in this context on the COVAX project. The report concludes that the success of these initiatives has been limited. It also observes that COVID-19 vaccine nationalism appears to be a phenomenon that is characteristic of the high-income Western countries, while in aspiring non-Western powers the vaccine crisis is primarily seen as a way to advance their geopolitical goals.

This Article traces the evolution of U.S. law and policy toward Hong Kong—from the United States–Hong Kong Policy Act of 1992 (USHKPA) to the Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA) and Hong Kong Autonomy Act of 2020 (HKAA). The USHKPA, enacted under the Clinton administration after the Tiananmen massacre but before the handover of Hong Kong, is a product of the United States' China policy, based on engagement. The USHKPA represented a compromise between Congress and the executive branch and reflected the nature of soft law, implementation of which is largely dependent on Executive discretion. After three decades of a policy of engagement and more than twenty years after China's resumption of control over Hong Kong, the United States' China policy has gradually changed, and it saw a significant turn under the Trump administration. In the midst of U.S.–China tension and with bipartisan support from Congress, the HKHRDA and the HKAA strengthen the review, reporting, and sanctions mechanisms for human rights, democracy, and autonomy in Hong Kong. Nonetheless, the Trump administration's decision to suspend Hong Kong's preferential treatment under U.S. law, due to the erosion of the high degree of autonomy guaranteed by the Sino-British Joint Declaration and the Hong Kong Basic Law, poses questions about its legality and legitimacy under public international law and World Trade Organization (WTO) law.This Article argues that U.S. sanctions against individuals and entities who undermine Hong Kong's human rights, democracy, and autonomy can be justified based on international human rights law given the sanctions' limited scope, special designation, effectiveness, and proportionality. We also argue that the United States' trade-related measures can be justified under the general exception—public morals—and the national security exception in the General Agreement on Tariffs and Trade (GATT). We observe that the United States' termination of preferential treatment for Hong Kong based on its separate customs territory status covers four dimensions: rules of origin, tariffs, export control, and currency. We argue that even though there is little guidance from GATT and WTO law, historical and comparative approaches are helpful in evaluating whether Hong Kong still can sustain its WTO membership by virtue of its separate customs territory status.

"This collaborative work brings together international lawyers and political scientists to explore whether and how the retreat of the US, and the simultaneous rise of China, affect the dynamics of multilateralism to which the EU claims to adhere. It focuses on the trilateral interaction between these three actors and the policy impact their interactions have in specific multilateral settings and examines cooperation, competition and confrontation of these three actors in key international organizations such as the WTO, UNESCO, Human Rights Council and UNCLOS, NATO, the ASEAN Regional Forum and the World Health Organization in times of Covid-19. It also addresses their approaches and attitudes toward international humanitarian norms and the peace process in the Middle-East. This book offers an insightful exploration of the future of multilateralism under the impact of the Trump administration and probes the future of the liberal international order. It will provide excellent reading material on current affairs for both graduate and undergraduate students in international law and international relations, in particular for courses relating to international organization, multilateralism, or the US, China and the EU in international affairs. For experienced researchers the book proposes in-depth studies that relate to major debates in the disciplines of international law and international relations"--

"This collaborative work brings together international lawyers and political scientists to explore whether and how the retreat of the US, and the simultaneous rise of China, affect the dynamics of multilateralism to which the EU claims to adhere. It focuses on the trilateral interaction between these three actors and the policy impact their interactions have in specific multilateral settings and examines cooperation, competition and confrontation of these three actors in key international organizations such as the WTO, UNESCO, Human Rights Council and UNCLOS, NATO, the ASEAN Regional Forum and the World Health Organization in times of Covid-19. It also addresses their approaches and attitudes toward international humanitarian norms and the peace process in the Middle-East. This book offers an insightful exploration of the future of multilateralism under the impact of the Trump administration and probes the future of the liberal international order. It will provide excellent reading material on current affairs for both graduate and undergraduate students in international law and international relations, in particular for courses relating to international organization, multilateralism, or the US, China and the EU in international affairs. For experienced researchers the book proposes in-depth studies that relate to major debates in the disciplines of international law and international relations"--