The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other...The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other＇s internal affairs is based on the respect for states＇ sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.展开更多
Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice ...Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice of court agreement is so independent that its validity is governed by the law chosen by the parties or by the law of the country where the chosen court is situated in case that the choice of law is invalid. Amendments to the Civil Procedure Law （hereinafter referred to as ＂CPL＂） of People＇s Republic of China （2012） should not only include the jurisdiction by choice of court agreement with foreign-related elements, but also stipulate it in a more standardized way, rather than simply refer to provision of jurisdiction by choice of court agreement in domestic cases. At the same time, the CPL should make the scope of application of choice of court agreement more clear, and provide choice of law clause and its confirmative elements when deciding its effectiveness.展开更多
文摘The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other＇s internal affairs is based on the respect for states＇ sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.
文摘Unlike statutory and discretionary jurisdiction, jurisdiction by choice of court agreement concluded in foreign-related civil and commercial matters should be decided by the parties. As a special contract, the choice of court agreement is so independent that its validity is governed by the law chosen by the parties or by the law of the country where the chosen court is situated in case that the choice of law is invalid. Amendments to the Civil Procedure Law （hereinafter referred to as ＂CPL＂） of People＇s Republic of China （2012） should not only include the jurisdiction by choice of court agreement with foreign-related elements, but also stipulate it in a more standardized way, rather than simply refer to provision of jurisdiction by choice of court agreement in domestic cases. At the same time, the CPL should make the scope of application of choice of court agreement more clear, and provide choice of law clause and its confirmative elements when deciding its effectiveness.
