Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017)

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.

Preface
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
 Selected Publications

Marine Environment Law and Practice of China, India, Japan and Korea
 Bimal N. Patel
 1 General Introduction – International Obligations in Municipal Legal System
  a Introduction
  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
  b India
  c Japan
  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
  a China
  b India
  c Japan
  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
  c Conclusion
  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’

Index