Chinese Journal of International Law

 

ISSN 1540-1650.An independent, peer-reviewed SSCI journal published in association with The Chinese Society of International Law, Beijing, and Wuhan University Institute of International Law, Wuhan, China by

 

 

Selected Forthcoming Papers

 

 

 

 

The September 2017 Issue

Will feature the interesting papers including:

 

 

Chris Whomersley, The Award on the Merits in the Case Brought by the Philippines against China Relating to the South China Sea: A Critique

 

Abstract: The Tribunal constituted under UNCLOS in the proceedings brought by the Philippines against China has now rendered its Award on the Merits. This prompts two questions. First, does the Award strengthen the doubts which have been expressed about whether the Tribunal ought to have taken jurisdiction over the case? And second how cogent is the reasoning of the Tribunal on the substantive issues raised by the Philippines? This paper aims to explore both of these questions.

 

 

Dire Tladi, The International Law Commissionís Draft Articles on the Protection of Persons in the Event of Disasters: Codification, Progressive Development or Creation of Law from Thin Air?

 

Abstract: This article concerns the ILCís Draft Articles on the Protection of Persons in the Event of Disasters and, in particular, the establishment of a rights-duties relationship between States concerning the right to accept or refuse assistance from third States (horizontal rights-duties relationship). The article assesses the merits of the horizontal rights-duties relationship by assessing the two primary justifications for the proposition. The first justification is that the proposition reflects the law as it currently stands. The second justification is that, independent of whether the proposition reflects current law, it is morally required in order to save lives and protect the dignity of persons affected by disasters. The assessment is undertaken, principally, on the basis of the materials relied upon in the commentary to the Draft Articles as well as deliberations within the ILC itself.