Cheng Chia-Jui LLD (1968), National Athens University, is Professor of International Law. Currently he is also Secretary-General of Xiamen Academy of International Law and Secretary-General of Asia Academy of Comparative Law. He has published monographs and many articles on International and Comparative Law.
Table of contents
Notes on Contributors
At the Cross-roads of Public and Private International Law – The Hague Conference on Private International Law and Its Work
Hans Van Loon
1 Role and Mission of the Hague Conference on Private International Law
a An Intergovernmental Organisation Concerned with Private Relationships and Transactions
b Diversity of Private Law
c Unification of Private Law
d Diversity of Private International Law
e Unification of Private International Law: The Mission of the Hague Conference
2 Origin and Development of the Hague Conference
a Birth of the Hague Conference
b Establishment as a Permanent Intergovernmental Organisation
c Early Innovations
d Bridging the Civil and Common Law Divide
e Bridging the Divide between Systems Based on Faith and Secular Systems
3 The Impact of Contemporary Globalisation
a Globalisation and Its Impact on the Nation-state
b Proliferation of Legislation at All Levels – Expansion of the Hague Conference
c Impact of Globalisation on Private International Law Approaches and Methods
4 Hague Conventions Promoting Global Trade, Investment and Finance
a The Global Framework Regulating the Cross-border Movement of Goods, Services, Capital and Workers
b Hague Instruments Concerning Global Trade, Investment and Finance
5 Hague Conventions Promoting Administrative and Judicial Cooperation
a 1961 Hague Apostille Convention
b 1965 Hague Service Convention
c 1971 Hague Evidence Convention
d 1980 Access to Justice Convention
6 Hague Conventions Promoting Personal Security and Protecting Families in Cross Border Situations
a The Global Framework for the Protection of Private and Human Rights in Cross-border Situations
b Hague Conventions on Marriage and Divorce
c Hague Conventions on the Protection of Children
7 Outlook – (Potential) Significance of the Hague Conference and Its Work for the Asia-Pacific Region
Marine Environment Law and Practice of China, India, Japan and Korea
Bimal N. Patel
1 General Introduction – International Obligations in Municipal Legal System
b State Practice: An Essential Element of Customary International Law
c Need for Maritime Environmental Laws
d Enforcement of International Marine Agreements by the Four Nations
2 Legislative Implementation of International Obligations in Four States
a People’s Republic of China
d Republic of Korea
3 unclos and International Marine Environmental Law
a Sources and Type of Marine Pollution
b Legal Framework – unclos and Regional Treaties
c Operational Vessel-Source Pollution
d unclos Jurisdictional Framework
e Accidental Vessel-Source Pollution
f Pollution Emergencies
g Vessel Source Pollution
h Civil Liability
i Seabed Pollution
j Dumping at Sea
k Land-Based and Atmospheric Pollution
4 Marine Environmental Protection: Legislations, Policies Mechanisms, Practices, Issues and Challenges
a Major Marine Environmental Issues and Trends
5 International Marine Environmental Law Practice
d Republic of Korea
6 General Conclusions and Suggestions
a The Enforcement of Environmental Agreements Generally
b Pollution Control on the Development of Mineral Resources in Coastal Regions
d Five Important Take-Away on Future Possibilities
e Regional Dimensions of Global Issues
f Monitoring, Verification, and Non-coercive Enforcement
Methodological Problems in International Trade, Investment and Health Law and Adjudication
Ernst Ulrich Petersmann
Introduction: International Economic Law as an ‘imagined order’ and as Incomplete, Fragmented and Under-theorized ‘positive law’
1 Legal Methodology for iel: The Public Good of an Open Trading System as a Multilevel ‘republic of citizens’ (res publica)?
a From Jurisprudence to Legal Philosophy
b The ‘human condition’ and the ‘dual nature’ of Modern Legal Systems
c From State-centered to Citizen-centered Conceptions of International Law?
d Cosmopolitan International Economic Law? The pg of an Open Trading System as a ‘republic of citizens’?
2 How to Justify and Design iel for Multilevel ‘republics of citizens and peoples’?
a Republican Theories of ‘aggregate pgs’ and ‘collective action problems’
b Competing Conceptions of iel and of Its Underlying ‘principles of justice’
c Does hrl Require Cosmopolitan Conceptions of iel and ‘multilevel republicanism’?
3 ‘Constitutional justice’, Different ‘contexts of justice’, Their Democratic Regulation and Judicial Clarification
a Dialectic ‘fragmentation’ and ‘integration’ of Legal Systems Through Democratic, Republican and Cosmopolitan Constitutionalism
b Need for Comparative Institutionalism
c Need for Challenging Path-dependent iel
d From ‘constitutionalism 1.0’ to Multilevel ‘cosmopolitan constitutionalism 3.0’
e Need for ‘connecting’ Multilevel Market Regulations Through Domestic Application of ‘pgs treaties’
4 Multilevel Governance Problems of ‘global pgs’: From ‘law and economics’ towards the ‘Geneva consensus’
a The ‘Washington consensus’ on ‘law and economics’ in iel
b The Limits of ‘trade theories’ for Explaining Trade Regulation
c From ‘justice as efficiency’ to ‘constitutional economics’ and ‘human development’
d The Dialectic Evolution of iel: Towards a ‘Geneva consensus’ (P. Lamy) on Citizen-driven ‘network governance’?
e Multilevel Governance and ‘regulatory competition’
5 Legal Fragmentation: How to Reconcile Investment Law and Adjudication with Human Rights?
a The Transformation of International Investment Law Through Investment Treaties and Arbitration
b How to Reconcile Investment Law with Human Rights Law?
c The Different Perspectives of Investors, Home and Host States, Amici Curiae and Judges in isds
6 How to Reconcile Health Law and iel with Human Rights Law? The Example of Multilevel Tobacco Control Litigation
a Worldwide Recognition of Rights to Health Protection
b The wto Complaints against Australia’s Legislation on ‘plain-packaging’ of Tobacco Products
c ‘Balancing methods’ Used in wto Tobacco Control Disputes
d Administration of Justice in Investor-state Tobacco Disputes?
7 Outlook: Republican and Democratic Constitutionalism Can Legitimize Multilevel Governance of pgs and ‘global legal pluralism’
a How to Limit the Reality of ‘global legal pluralism’?
b Legal, Sociological and Moral Legitimacy in Multilevel Governance of Public Goods
c From the ‘mandate of heaven’ to ‘constitutional functions’ of iel in China?
d China’s 2014 ‘rule of law’ Strategy: Does Law Prevail over the Communist Party?
e Need for ‘multilevel republicanism’ in Multilevel Governance of Global ‘aggregate pgs’
f Conclusion: Promoting ‘constitutional justice’ Through Republican Rights for Local Protection of Transnational ‘aggregate public goods’