Building a Community with a Shared Future for Mankind: International Law-based Principles and Approaches

Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the context of globalization, the ever-increasing common interests of the international community lay a material basis for building a community with a shared future for mankind. The doctrine of international community orientation, which is based on sovereignty and at the same time transcends sovereignty, forms an ideological basis for building a community with a shared future. Realizing international socialism and striking a balance between formalism and substantial justice is a moral prerequisite for building a community with a shared future. To reduce existing legal obstacles to international communications, the laws of all countries and regions exhibit a tendency towards legal assimilation, which is expected to be a domestic law approach to the building of a community with a shared future for mankind. The establishment of international legal systems and the development of international organizations have vigorously promoted and maintained world peace yet failed to bring about perpetual peace. International law should attach more importance to the facilitation of human inner peace so as to realize perpetual peace. This is a new international law-based approach to the building of a community with a shared future for mankind. China's peaceful rise, which is based on traditional Chinese culture and the basic principles of international law, is China's special contribution to this great cause.

The Application of International Law with Regard to Cyber War in Terms of the Tallinn Manual 2.0

The study of international law and regulation of cyber war in the Tallinn Manual 2.0 is questionable with regard to attribution, the use of force, the exercise of the right of self-defense, the application of the principle of distinction, and even the definition of‘cyber war'. The application of contemporary law of war to cyberspace, including the militarization of cyberspace itself, should be reviewed judiciously. The construction of a cyberspace community with a shared future may be a better way out.

International Law on Liability and Compensation in the Offshore Oil ＆ Gas Industry

Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil ＆ gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.

Norms of International Law on Environmental Protection in Wartime: Application and Improvement

The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.

On the “International Law-Based International Order”

In recent years,some countries have advocated a“rules-based international order.”However,they have not explicitly defined the“rules”here as“international law”and thereupon elaborated on their view of the rules for the international order.In fact,a series of legal practices implemented by these countries indicate that what they pursue is largely a view of rules that prioritizes domestic law over international law and regional international law over universal international law,and that politicizes international law.This view of rules undermines the role of international law in the international order and violates the requirements of the times for improving global governance and promoting the establishment of a more just and reasonable international order.To correct the view of rules pursued by these countries through the advocacy of a“rules-based international order,”China proposes an“international law-based international order.”The view of rules embodied in the“international law-based international order”recognizes that international law based and centered on the UN Charter is the authoritative system of rules governing international relations,while not excluding the role in the international order of other rules that do not violate international law.

The Contemporary Construction of Chinese International Law Discourse

The contemporary construction of Chinese international law discourse, on the one hand, ought to precisely, systematically and completely express and communicate fundamental principles, main regimes and substantial features of international law as well as core values, basic conceptions, key terms, mainstream theories or doctrines and representative views gradually established and developed in the study of international law; on the other hand, it should fully and in a timely way manifest China＇s creative contributions to international law and its discipline and discourse. The framework of contemporary Chinese international law discourse should take ＂building a harmonious world＂ as the guiding rationale; thoroughly cover the four basic dimensions of the international rule of law and Chinese foreign policy and its practice, namely domestic, multilateral, regional and bilateral; coincide with, follow and respect those rules, natural laws and tendencies such as fundamental rules governing international relations, globalization, multilateralism, regional integration and regionalism, the international community＇s obligations （or rights） and China＇s needs for peaceful development. It should orient its basic functions toward promoting the continuous development and wide application of contemporary international law as well as its teaching, study and dissemination, stimulating the progress of the rule of law in China, protecting Chinese interests, especially those core national interests, and strengthening China＇s international image and status as a responsible big country.

SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Law as the Law of Domestic Governance： China＇s Propositions and Institutional Practice

Like domestic law, international law can be used in domestic governance, where it can become an important instrument assisting China＇s Party and government to rule the country and manage state affairs. Incorporating part of international law into domestic law and comprehensively advancing the rule of law in accord with the principle of national sovereignty demonstrate the openness and international vision of China＇s rule of law construction. Translating these propositions into concrete institutional practice will be of vital significance for improving the socialist rule of law with Chinese characteristics, advancing the international rule of law and promoting world peace.

The key indicators of transboundary water appor- tionment based on international laws and cases

Transboundary water, more competitive utilization and uncertain availability under the globalization trend, the issue of its apportionment which directly impacts national benefits of each riparian state is becoming one of the important topics in the world. Water is scarce in China, the most important upstream state in Asia, and this task has to be thought over in the coming future. Based on ＂International Freshwater Treaties Database＂ （1820-2007） by Oregon State University, and publications and reports on transboundary water utilization and management since 1999, 28 indicators of water apportionment adopted in 49 international treaties and cases in 1864-2002 are divided into 6 types, the spatial and temporal characteristics of the adopted indicators are analyzed in order to find the key indicator（s） of transboundary water apportionment. The major results include： the major adopted indicators, have significant differences among 5 regions/continents, the indicators at rank first and second place in the developed region （North America and Europe） according to the adopted times are ＂keeping minimum water flow＂ and ＂mean annual runoff＂, but in the developing region （Asia, Africa and South America）, the ranking order of the above two indicators is reversed; the major adopted indicators in the watersheds with insufficient water are ＂mean annual runoff＂ and ＂keeping minimum water flow＂, the ones in the watersheds with sufficient water are ＂keeping minimum water flow＂ and ＂maximum water intake＂; the international treaties signed from the first phase to the fourth phase, the developing process shows a progress of ＂fewer-increasing a lot-decreasing rapidly-equation basically＂, the regional distribution of the treaties shifts mainly from the developed region to the developing one, especially to Asia and Africa; the major adopted indicators shifts from ＂keeping minimum water flow＂ and ＂mean annual runoff＂ in 1864-1945, to ＂keeping minimum water flow＂ and ＂maximum water intake＂ in 1946-1971, then to ＂hydraulic facility operation＂ and ＂mean annual runoff＂ in 1972-1991, and finally to ＂keeping minimum water flow＂ and ＂mean annual runoff＂ in 1992-2002, the process shows similar a loop. Finally, the key indicator on transboundary water apportionment can be determined as ＂keeping minimum water flow＂.

A Community of Shared Future for Mankind——The Contemporary Development of the Social Foundations Theory of International Law

In the traditional understanding,the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions coexist.In recent years,the term“international community”has been widely used in national practice and academic discourse.Many scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international community.The concept of“a community of shared future for mankind”reflects China’s new understanding of the social foundations of international law.It introduces Chinese traditional culture into global governance,develops Marxist theory on the community,is concerned both for mankind as a whole and for individuals,highlights the ultimate issues of the international community,and emphasizes the international community’s union of diversity and interdependence.The idea of“a community of shared future for mankind”is of great significance for the theory and practice of international law;it reflects the emergence of methodological holism,the response of international law to the questioning of its legitimacy,and the trend toward hierarchical systematization in international law.The concept of“a community of shared future for mankind”is of great value to China’s participation in the reform of the global governance system.It will help promote appreciation of the relations between China and the world,enhance China’s international discourse power and discourse force,and promote the rule of law in international relations that China advocates.

The Principle of Non-interference and its Application in Practices of Contemporary International Law

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.

Sendai Five Years on: Reflections on the Role of International Law in the Creation and Reduction of Disaster Risk

This article offers a critical examination of the position of the Sendai Framework for Disaster Risk Reduction 2015–2030 within international law. It is argued that any interrogation into the relationship between international law and disaster risk reduction(DRR) must begin not with existing DRR laws and policies, but rather with an enquiry into the nature of disaster risk and the role of international law in its creation and reduction. It is demonstrated how, while areas such as international human rights law can be utilized to enforce obligations in support of DRR, other areas—in particular international investment law—actively work to undermine DRR efforts. In order for international law to be a productive tool in the reduction of disaster risk, international lawyers must engage with critical work in disaster studies and explore the role that international law has played, and can play, in creating and addressing hazards, vulnerabilities, and capacities.

The Belt and Road Initiative and International Law:Viewed from the Perspective of the Supply of International Public Goods

The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade protectionism,changes in the global governance system and the impact of the Covid-19 pandemic.The Belt and Road Initiative(BRI)is a non-rivalrous and non-excludable public good provided to the international community by China as a responsible major country in the new era of historical development.International law has an important role in promoting and guaranteeing the supply of international public goods(IPGs).Since the implementation of the Belt and Road Initiative,the international governance environment has changed dramatically,with the rule of law being the basic premise and important guarantee of the long-term and smooth implementation of the BRI.In pursuing the BRI,buttressed as it is by the rule of law,China should pay attention to diversified governance based on a combination of international soft and hard law and make judicious use of existing bilateral,regional and multilateral international legal mechanisms.In addition,China must also pay close attention to the latest developments in international economic and trade rules and must innovate and improve its ability to supply rules for investment,trade liberalization,etc.Buttressed by international law,the BRI should focus not only on recent concrete initiatives in trade and investment liberalization,but also on the long-term planning and sustainable development of institutional supply,so as to realize the vision and goals of the BRI.

A Reflection on the Human Rights Attitude and International Law Approaches of Iran and Saudi Arabia

Iran and Saudi Arabia are two of the most important countries in the Middle East.Not only do they enjoy the most abundant natural resources,but also have a geopolitical situation that makes their international attitude significant in terms of the East-West politicaleconomic discourse.These features call for an in-depth comprehension of the international as well as human rights approaches of these nation-States.Therefore,this article reviews the foundations of their legal systems,and their contributions to the development of international law and human rights.It concludes that despite few human rights drawbacks in Saudi,its overall contributions to the development of international organisations,peace and security in the region,and human rights law are far greater than those of Iran.But what are the causes of this outcome?To answer this question,establishing a link between national law and international attitude is at stake.This article analyses the constitutional legal foundations that make such a study more interesting.

International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities

The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.

The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court

The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an international judiciary would be required is a visible accomplishment advocated for years.The important paradigm shift refers to governing the transitional challenges characterizing massive humanitarian escalations in conflict and post-conflict situations between the responsibility to protect civilians and the fight against the impunity of international crimes.In the current legislation of the UN the civilian protection duties are associated to the maintenance of peace and security and to the right of intervention in the domestic affairs of sovereign States for humanitarian reasons,extending further the reach of a criminal jurisdiction to punish the perpetrators.This has been the case in Darfur,Sudan,and Libya.Both these situations have been referred by the UN Security Council to the International Criminal Court(ICC).From an empirical perspective,it is still not demonstrated whether international criminal justice would have an impact on the maintenance and restoration of international peace and security,while its complementary role with global political regimes is in transition and deserves attention.The questions arising are as follow:how to rely on international criminal justice for the preservation,maintenance,and restoration of peace and security in extreme conflict zones,without solving the governance gaps during mass atrocity escalations characterized by jurisdictional referrals?Is this realistic considering the traditional concept of international security relying on old models of militarization,such as in the case of Libya?Are there political and strategic reasons for a postponement of accountability during such humanitarian interventions?In short,what kind of public authority is desired for the emerging regime of international criminal justice,and how would such tool function in the complexity of international governance?

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of ＂human rights for all,＂ as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

Modernization of International Humanitarian Law——The Origins and Evolution of the 1977 Additional Protocols to the 1949 Geneva Conventions

Regional wars and internal armed conflicts after the conclusion of the 1949 geneva conventions have presented new challenges to traditional international humanitarian law? To address those challenges, the international community concluded two additional protocols in 1977 to the 1949 geneva conventions? Those two protocols have unified the Hague Rules and the geneva Rules in the realm of traditional laws on wars, improved the protection of civilians,expanded the concept of armed conflicts and combatants, and developed special treaties applicable to non-international armed conflicts,reaffirming and developing the principles and rules of international humanitarian law worldwide, and promoting its modernization?

China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report

At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released

The Rights of Persons Charged with Penal Offences to Access to Lawyers——A comparison between international and domestic laws

I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.