Chinese Journal of International Law

 

http://www.chinesejil.org/;  Oxford Journals site: http://chinesejil.oxfordjournals.org

Boards of Editors;  Main page;  Send all submissions in Word files and all editorial inquiries to: sienhoATchinesejil.org

 

The Chinese JIL is a peer-reviewed journal.  Invitations for manuscripts do not guarantee acceptance.  All submissions go through the normal review process.  The first peer-review is usually completed within 8 weeks. 

 

The Chinese JIL Style Guide (online at: http://www.chinesejil.org/style.htm; version 20071217); template: www.chinesejil.org/template.doc (open this document, then in the “file” menu hit “save as” and you will be able to save this document in a location in your computer)

 

Rule 1.  Overall policy.  The Journal attempts to present papers of the best quality.  We prefer papers with rigorous analyses.  Our overall style policy is: clarity, simplicity and consistency within each individual article.  These rules are designed so that a reader can immediately understand the footnotes without carrying with him or her a book of style such as the US Bluebook to consult.  We do not enforce these rules strictly, but strongly recommend strict compliance to promote overall efficiency.  For a free sample issue online, go to: http://chinesejil.oxfordjournals.org/content/vol4/issue1/.

 

Rule 1a.  Accuracy and proper crediting.  The authors are reminded of the requirement that every statement in a paper must be well supported by analysis and sources and give proper credits to the original authors for their creative ideas and analyses.  Plagiarism is prohibited. Every quotation must be footnoted and every resort to official and other materials must be precise and accurate.  The authors are required to do “substantive cite-checking” to ensure that all arguments are properly and accurately sourced and referenced before submitting their manuscripts.  

 

Rule 1b.  Copyright and other rights.  When submitting a manuscript, each author represents that the submission is original, contains NO defamatory material and infringes NO existing copyright, and gives the Journal the right of first refusal.  The author shall inform the Editor-in-Chief if the paper is simultaneously submitted to other journals, in which case the Journal may decide not to review the manuscript. 

 

Rule 2.   Use of template and format.  We ask everyone to use this template (www.chinesejil.org/template.doc; open this document, then in the “file” menu hit “save as” and you will be able to save this document in a location in your computer) with all the settings undisturbed (these include: page setup; footnote style; text style).  If you cannot download it, email: sienhoATchinesejil.org for a copy.  Please use “normal” or “base text” style throughout the piece.  The footnote style includes a hanging indent feature.  After the footnote number, please press “space” once, and then press “tab” to ensure formatting.  Many thanks for your cooperation.  However, if, for some reason, you cannot use this template, you may submit your paper in another format in the beginning.   Some general points on the template and format:

 

(1)    Fonts in main body text. Use “Garamond 10 point”. Use italics for case names (in Nicaragua, the ICJ ruled that), emphasis, foreign phrases, and for titles of journals and books. Do not use “underline” anywhere.

(2)    Font in header: Garamond 9 point.  No footer is used.

(3)    Fonts in footnotes. Use regular “Garamond 9 point”. Do not use any special fonts such as italics or underlining for case names, titles of articles, journals or books; simply use the regular font. This applies to titles of articles in foreign languages. N.B., use italics only for emphasis and for foreign phrases within an English title. If an entire title is in French, the entire title should be in regular font. (This policy on font is from Columbia LR, which is liberating. Scholars should not spend too much time on attractions such as beautiful fonts.)

 

Rule 2a.  Spelling; different styles.  Where there are different forms of spelling, the Journal takes the “Oxford” style on spelling except that: (1) “judgment” should be “judgment”, not “judgement”; (2) we do not like ‘single quotes’ outside “double quotes”; we use “double quotes” as the main form of quotation marks with ‘single quotes’ inside “double quotes”.  However, the spelling in official or other originally quoted materials should not be altered.

 

Rule 2b.  Last name of a Chinese author when placed first (in the main text, footnotes, header or footer).  As we know, Chinese people generally place their last names first, first names last.  In order to make this apparent to those not familiar with Chinese names, this Journal attempts to capitalize the entire last name of when it is placed first, for example, WANG Tieya.  This rule applies throughout a paper.  When a Chinese author uses the Western style and places his or her last name last, it will be treated in the same way as a Western name, for example, Haopei Li. 

 

Rule 3. Structure of the paper.  We apply this Mandatory Style to the title and section headings.  The structure of a normal paper consists of (1) Abstract and (2) the Body.  We use footnotes, NOT endnotes.  The structure of the paper should normally be as follows:

 

The Utopia Doctrine:  A Critical Analysis

                      LIN Zexu

 

Abstract [this consists of the questions discussed and your answers, no more than 130 words]:  The Utopia doctrine asserts that Utopia as an ideal can promote peace, stability and human flourishing.  A utopia is an imagined civic polity consisting of 3 main elements: transparency; legitimacy; and mass appeal.  A utopian goal may help to improve the world but may drive the world mad.  To take full advantage of the doctrine, conscientious policy-makers may want to take it easy and not engender exaggerated sense of exuberance.  [For a real example from the Journal, hit: No case exists objections procedure; or go to the OUP site to see all.]

 

[The body of text shall use this style:]

 

I. Introduction

II. The concept of utopia

II.A. The basic elements of the concept

II.B. The origin of the concept

II.B.i. The first use of the term

III. The practical implications in the international context

IV. Conclusion

 

Rule 3a.  Some general points on the structure of the paper:

 

(1)    The main title is centered.

(2)    All headings are “left-justified”, without any indentation.

(3)    An auto-biographical footnote should be numbered *; if possible, please give your email address in this footnote, so that readers can contact you for discussion.

(4)    Other footnotes start with 1.  No end notes are used.

(5)    There is NO page limit.  Shorter pieces can be reviewed more quickly.  The Journal has published papers as long as 68 pages, and as short as 2 pages.  The most important factor is quality.  Rigor may require length.  But reflect on the famed letter writer’s apology to the recipient that “I am sorry I do not have time to write you a shorter letter”.

 

Rule 3b.  Date of your paper and subsequent changes.  In the auto-bio footnote, please state the date on which the paper is completed (normally the date on which the Journal and the author agree that the paper is already for type-setting by the publisher).  Because of the tremendous costs involved in changing materials after type-setting, at the page-proofing stage, the authors are not supposed to make substantial substantive changes.  Rather, you are supposed to correct mistakes only.  Subsequent developments may be briefly noted, or briefly discussed in the form of a post-script at the end of this paper or in a footnote at the end of the paper.  We request that the author notify the Editor-in-Chief of any material substantive changes made at page-proofing stage.

 

Rule 3c.  Paragraph numbering.   As from vol. 6, no. 1 (2007), every author is asked to number every paragraph (or a small group of two or three if the content of these units can be better grouped in just one paragraph) in every submission.  This rule is intended to promote research and precision in citation to the articles published in the Journal.  This makes it possible for a reader to cite to parts of a paper in html format. Hit here for notes on how to do paragraph numbering.

 

Rule 3D.  Book reviews.  Book reviews shall not follow the structure given above, but must follow this style guide as much as possible, otherwise. Book reviews should have no more than 3000 words, and should try to engage the arguments in the book under review. A sample book review can be found here: www.chinesejil.org/bai.pdf.

 

Rule 4.  Quotations.  We use double quotes (single quotes within double quotes), like:  “God said, ‘Let there be light’”.  However, single quotes are used if they are in the original text quoted.

 

Rule 4a.  Block quote: only left indent 0.26 inch; NO right indent; there is a blank line space before and after the block quote. There are NO quotation marks at the beginning or after the block quote.

 

Rule 4b.  Alteration in quotations.  Any alteration to a quote (anything changed or added to a quote by the author including adding paragraph or page numbers) that is placed within a normal quotation or a block quotation must be indicated by “[  ...  ]”, not “( ... )”.  For example, “This is not too nice. [Para. 10.]” (If the addition of “para. 10” is placed outside the quotation marks or outside a block quote (not in the same part of the text of the block quote), then the sentence becomes: “This is not too nice.” (Para. 10.).  In addition, if the content of a quotation is not a complete sentence, then the punctuation marks of period and comma are placed outside the quotation marks (e.g., “mankind’s conscience”, not “mankind’s conscience,”).  If a special punctuation mark (such as question mark or an exclamation mark) is in the original, and it is intended to be used as part of the original, then it is placed inside the quotation marks.

 

Rule 5.  Footnoting.  Use footnotes only; do not use endnotes. Footnote numbers normally go after the punctuation marks such as “,” and “.”, but before “:” and “;”, for example: “This is nice,10”; “This is nice.10”; “This is nice10  ; this is ok.”; “This is nice10: This is completely unfair.” Refer to footnotes as “above n.88, 333”, “below n.33, 999 and text thereto”, etc.  Use normal fonts in footnotes (Rule 2c).  Every footnote ends with a period, e.g., “10  See above n.33, 333.”

 

Rule 5a.  Latin phrases. Avoid them if you can. “Loc. cit.” and “op. cit.” are prohibited. Instead of using “Loc. cit.” and “op. cit.”, please always give the name of the author, and then make a specific reference to a particular note, such as “above n.88, 333”, “below n.33, 999.”

 

Rule 5b.  Sample citations in footnotes:

 

(1)    UN Charter, art. 2(4).

(2)    ILC Draft Articles on State Responsibility, art. 48.

(3)    Vienna Convention on the Law of Treaties (VCLT), 888 UNTS 999, art. 39.

(4)    VCLT, n.3 above, art. 31.

(5)    Sovereignty over Mars (Cuba v. USA), Provisional Measures, ICJ Reports 2099, 25, 109, para.10; ibid., 177 (diss. op. Higgins).

(6)    Tom S. Mor, Opinio Juris Is Not Necessary, in: Li Haopei (ed.), Sources (1975), 10 (commenting on Johnny Musketeer).

(7)    Tom S. Mor, Opinio Juris Is Probably Necessary, 101 Columbia LR (1995), 21, 104-05 (“no one is willing to say expressly that it is not necessary”).

(8)    Tom S. Mor, Opinio Juris Is Now Necessary, 99 EJIL (2000), 999, 1011 n.888.

(9)    Tom S. Mor, 5 Chronicles of Other People’s Opinion (1999), 249.

(10)  GA Res 99999 (2993).

(11)  Gug v. Hug, 888 US 9 (USSC 2005); Hug v. Gug, 444 F.3d 44 (US 3d Cir. 2003); Gug v. Hug, 44 F.Supp.2d 9 (USDC Delaware 2001).

(12)  Mor, above n.5, 888. (Never use “loc. cit., 2.” or “op. cit., 2”; cross references must be made to specific footnotes.)

(13)  Mor, below n.222, and text thereto. (Never use “loc. cit., 2.” or “op. cit., 2”; cross references must be made to specific footnotes.)

(14)  On natural law, see below Part I.B.ii., and text to nn.33-39.

(15)  Christine Gray, The New Bush Doctrine, 1 Chinese JIL (2002), 444 (www.chinesejil.org/gray.pdf). 

(16)  Christa White, The Old Boy’s Doctrine: Complete Bankruptcy of Prevention, 99 Chinese JIL (2100), 222.

(17)  LIN Wenzhong, The Bush Doctrine, 99 Zhongguo Faxue [China Law Review] (2001), 999.

(18)  LIN Wenzhong, Zhongguo Gaige [The Reforms in China] (2008), 201.

 

Rule 5c.  General explanations for Rule 5b:

 

(1)    Volume numbers always precede immediately the title of the book or journal: Shabtai Rosenne, 3 Law and Practice (1997), 1400.

(2)    Dates of publication are always in parentheses (except when citing to ICJ Reports which should be, as used by the ICJ itself, in this format, “ICJ Reports 1999”), and always follow immediately the title of the book or journal (except when citing to US cases, follow the official citation format). You may wish to skip the volume number of a journal is the volume coincides with the calendar year. E.g., if volume 92 of AJIL was published in year 1925, simply use “AJIL (1925), 20”. Otherwise indicate both the volume number and the date of publication.

(3)    Page numbers: always put a comma before a page number.

(4)    Internal references to different sections of the author’s own article must be made to Parts, or Sections, or texts to footnotes (not to page numbers) in order to avoid confusion in typesetting.

(5)    Citations to web documents should are as simply as possible, and placed in parentheses, and without the hyperlink placed in it. E.g., Christine Gray, The New Bush Doctrine, 1 Chinese JIL (2002), 444 (www.chinesejil.org/gray.pdf).  [There is no need for http; “available at”, etc.; the date of the visit is important is TIME is of the essence.]  Please try to specify paragraph numbers when page numbers are not available from an htm file.

(6)    First name, middle initial and last names in footnotes: (a) when citing to an author for the first time, always try to give the first name and middle initials of any individual (we are often surprised that people who have the same last names also like to have the same first names); (b) when referenced to another footnote, then just last name is sufficient.

(7)    Book chapters: use “in:” to indicate the book: Tom Mor, Opinio Juris, in: Li Haopei (ed.), Sources (1975), 45.

(8)    Between the main title and a subtitle, there should be a “:” (example 5(b)16).

(9)    Journals and books published in Chinese should be specified in Chinese pinyin and then followed by an English translation in brackets (examples 5(b)(17) and 5(b)(18)), but the titles of articles published in Chinese need only be specified by their English translation.  This rule aims to avoid confusion resulting from using only the English translation of titles of books and journals.

 

Rule 5d.  Citations to paragraphs.  Whenever an original paper or document contains paragraph numbers, every citation to parts of that paper or document must indicate the paragraph numbers.


Rule 6. Titles of individuals.  You are required to make a distinction between the capacities in which an individual expresses an opinion.  This rule is necessary because such differing capacities have differing impacts on the formation of international law.

 

Rule 6a.  For private individuals, avoid titles.  When views are expressed in a private capacity, in the text (main body and footnotes) of your submission, avoid using any title (e.g.: In an article published in the British Year Book of International Law, Robert Jennings (or simply Jennings, not Professor Sir Robert Jennings) is of the view that …). If you believe a point of view requires the title of the author to bolster its value, please consider whether it is worth citing to.  Exceptions to this rule: when a point of view is relied upon as representative of certain things (whether good or bad), and if the title is an indication of those, then use the title (E.g.: Absolute sovereign immunity is held by Round Kingdom scholars.  For example, Professor Robert Mor, an influential international law professor at the No. 2 Law School in Round, is of the view that his King is absolutely immune from jurisdiction.).

 

Rule 6b.  For official persons, specify titles.  When a view was put forward by an individual in his or her official capacity, the official title must be indicated.  For example, (1) In Nicaragua, Judge Jennings was of the view that …; (2) At the Vienna Conference, Expert Advisor Waldock explained that the draft article was intended to …); (3) Foreign Minister Li Zhaoxing of China declared that ….

Rule 7. Cases.  Follow official citations except that if the case is from a national court, add the name of the State before the name of the Court before the date, e.g., (UK H.L. 2002). It is preferable to have the full case name at least once in your article. When a case name appears in the main text, it should be italicized. In the footnotes, however, it should be in regular font.

 

Rule 7a. ICJ cases. Use short names when possible, but indicate parties and the stage of the proceedings, for example: Lockerbie (Libya v. UK), Provisional Measures, ICJ Reports 1998, 26 (NOT the whole name “Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United Kingdom), Preliminary Objections, Judgment”).  In the main text, if you use “case” after a name, e.g., “in the Nottbohm case”, only italicize “Nottbohm”, not “case”, so that it reads: “in the Nottbohm case”.  The same applies to advisory opinions, e.g. (names may be hypothetical), “in his declaration appended to the Laser Weapons advisory opinion (UNSC Request) of 2099, Judge Jennings expressed his displeasure”.  In footnotes, use “decl.” to indicate declarations, “sep. op.” for “separate opinion”, “diss. op.” for “dissenting opinion”. E.g.: Laser Weapons advisory opinion (UNGA Request), ICJ Reports 2999, 23 (decl. Shi); ibid., 35 (diss. op. Higgins); ibid., 55 (sep. op. Evensen).

Rule 8. Official documents. Follow the official citations used in these documents. Use: “GA Res” for General Assembly resolution; “SC Res” for Security Council resolution.

Rule 9. Abbreviations. Try to follow the official abbreviations if available.  Do not use periods in the abbreviations of titles and organizations, but use periods in the abbreviations of Latin phrases. For example, use “e.g.” for “for example”; but use “UN” (not U.N.) for “United Nations”.  Some commonly used abbreviations follow:

 

(1)    “ICJ” for “International Court of Justice”;

(2)    “ICC” for “International Criminal Court”; 

(3)    “ITLOS” for “International Tribunal for the Law of the Sea”; 

(4)    “ICTY” for “International Criminal Tribunal for the Former Yugoslavia”;

(5)    “ICTR” for “International Criminal Tribunal for Rwanda”;

(6)    “ILC” for “International Law Commission”;

(7)    “ILA” for “International Law Association”.

 

Rule 9a.  Special Abbreviations.  Use “ibid.” to indicate “in the same place”, meaning “the same source in which the reference appears”. Use “id.” to indicate “by the same person” when citing to multiple items by the same author.  “Ibid.” and “id.” are used only to refer to the immediately preceding reference.  Otherwise, please use “above n.__” or “below n.__” to indicate cross references in footnotes.

Rule 9b.  Abbreviations within a paper.  Abbreviations in a language system other than English should be listed in the auto-bio footnote (E.g., In this paper, the following abbreviations are used:  AFP for “Agence France Presse”; AJDA for “Actualités juridiques de droit administratif”;  EFEO for “Ecole française d’Extrême Orient”; MSH for “Maison des Sciences humaines”; PUF for “Presses universitaires de France”; RIDP for “Revue internationale de droit public”; RSC for “Revue de sciences criminelles et de droit pénal comparé”; RUDH for “Revue universelle des droits de l’homme”).


Rule 10. Journal titles. When abbreviating journal titles, keep the unique components of a title but abbreviate the other words in it. For example, use “Chinese JIL” for “Chinese Journal of International Law”; “Cambridge LJ” for “Cambridge Law Journal”; “Harvard JIL” for “Harvard Journal of International Law”; “Revue Belge DI” for “Revue Belge de droit international”; “Max Planck YUNL” for “Max Planck Yearbook of United Nations Law”; etc. This rule is intended to make it possible for a reader to spot the title of journals without referring to list of abbreviations, etc.

 

Rule 10a.  Common non-unique components are abbreviated as follows:

 

(1)    “LR” for “Law Review”;

(2)    “JIL” for “Journal of International Law”;

(3)    “JTL” for “Journal of Transactional Law”;

(4)    “JILP” for “Journal of International Law and Policy”;

(5)    “CL” for “Comparative Law”;

(6)    “YIL” for “Yearbook of International Law” or “Year Book of International Law”;

(7)    “JLS” for “Journal of Legal Studies”.

 

Rule 10b. As exceptions to this Rule 10 on journal titles, you may (but need not) use the following:

 

(1)    “AFDI” for “Annuaire français de Droit international”;

(2)    “AJIL” for “American Journal of International Law”;

(3)    “BYIL” or “BYBIL” for “British Year Book of International Law”;

(4)    “Chinese JIL” for “Chinese Journal of International Law”;

(5)    “EJIL” for “European Journal of International Law”;

(6)    “FMPRC” for “the Ministry of Foreign Affairs of the People’s Republic of China”;

(7)    “EPIL” for “Encyclopedia of Public International Law”;

(8)    “Hague Lectures” or “Recueil des Cours” or  “RCADI” for “Recueil des Cours de l’Académie de la Haye (RCADI)” or “Collected Courses of the Hague Academy of International Law”;

(9)    “ILM” for “International Legal Materials”;

(10)  “ICLQ” for “International and Comparative Law Quarterly”;

(11)  “ILR” for “International Law Reports”;

(12)  “UNYB” for “United Nations Yearbook”;

(13)  “ICJYB” for “International Court of Justice Yearbook”;

(14)  “ICTYJR” for “ICTY Judicial Reports”;

(15)  “ILCYB” for “Yearbook of the International Law Commission”;

(16)  “NJW” for “Neue Juristische Wochenschrift”;

(17)  “RGDIP” for “Revue générale de droit international public”;

(18)  “UNJYB” for “United Nations Juridical Yearbook”;

(19)  “YIHL” for “Yearbook of International Humanitarian Law”.

Rule 11.  Unregulated situations.  Apply a rule that governs the situation that is closest to an unregulated situation.  Comments are invited to: sienhoATchinesejil.org.

 

[End.]