引渡原则之我见

引渡原则作为引渡制度的重要组成部分之一，因具有法定性、实体性和普遍性而为国际社会所公认。各引渡原则的具体内容并非是一成不变的，其发展、变化的背后有着深刻的社会、时代背景。在引渡原则的适用方面，我国应当与国际大势保持一致。     

Negotiating Military Alliances: Legal Systems and Alliance Formation

Do domestic legal systems affect states' propensity to form military alliances? This article, building upon the existing research in international relations, adopts a socio-legal approach to understanding international treaty making. By focusing on the essence of international negotiations—communication between states' representatives—I argue that negotiating parties who share a common legal language have a common a priori understanding concerning concepts under discussion. Domestic laws operating within states impact the process of creation of international law embodied in treaties. Empirical analyses show that states with similar legal systems are more likely to form military alliances with one another. Additionally, domestic legal systems influence the way that states design their alliance commitments. In general, my findings suggest that the influence of domestic laws does not stop at “the water's edge.” It permeates the interstate borders and impacts the relations between states, especially the treaty negotiating and drafting process. International negotiators bring their legal backgrounds to the negotiating table, which influences both their willingness to sign treaties and the design of the resulting agreements.     

Validity of power indices

An important approach to understanding power seeks a generalized measure that can rank nation‐states from the most to the least powerful. Data‐oriented researchers have developed several such single‐ and multivariable, linear and nonlinear indices. The test of their usefulness varies with their intended purpose. For policymakers desiring the most efficient way to assess the likelihood that a nation‐state can achieve its goals, the key issues are parsimony in the selection of variables, stability over time, combinatorial patterns enabling successful prediction, and applicability across a range of situations. For theoreticians the index must “work” within the chosen theoretical context. If several indices meet the constraints imposed by the theory, then that one should be chosen that introduces the least amount of additonal (nontheoretical) information.     

投资自由化与双边投资条约的发展

国际直接投资迅猛发展的同时 ,国际投资法律也处于不断的调整和转变之中。近期一个非常明显的趋势为双边投资条约得到飞速发展 ,在目前尚未出现一个全球性、综合性的多边投资条约的情况下 ,双边投资条约作为一种调整国际投资关系的最重要的国际法手段 ,发挥着促进投资、保护投资的功能 ,具有很重要的作用     

Contracting with Whom? The Differential Effects of Investment Treaties on FDI

Under what conditions can governments use international commitments such as Bilateral Investment Treaties (BITs) to attract foreign direct investment (FDI)? Although numerous studies have attempted to answer this question, none considers how investment treaties may have heterogeneous affects across industry. I argue BIT effect is strongest when the obsolescing bargaining problem between firms and governments is most protracted, namely, when FDI relies on strong contracts between firms and states. Using a time series cross-sectional data set of 114 developing countries from 1985 to 2011, I find BITs are associated with increases in infrastructure investment, an industry particularly reliant on the sanctity of government contracts, but not with total FDI inflows. Moreover, BITs with strong arbitration provisions display the strongest statistical effect on infrastructure investment, while BITs that do not provide investors with such protections are not associated with increased investment. My results have implications for both scholarship on the relationship between governments and multinational firms as well as for the study of international institutions more broadly. To properly ascertain the effects of international treaties and institutions, scholars should consider not just whether institutions constrain or inform—or matter at all—but also the extent to which the targets of institutions have heterogeneous responses to them.     

Building Trust: Cooperation between Rivals India and Pakistan

ABSTRACT

This article uses the case study of India–Pakistan to explore how rivals build cooperation over time. India and Pakistan have shared an intense rivalry since their independence and subsequent partition in 1947, having fought three major wars and several militarised disputes over the last 70 years. The authors use network analysis to study the pattern of all treaties between the two countries between 1947 and 2017. This expects rivals to focus on non-security issues such as trade as they work to build trust and patterns of cooperation. The article finds that given the long and intense rivalry between the two neighbours, and the subsequent lack of trust, India and Pakistan have adopted a functionalist approach towards building cooperation; most of their bilateral treaties are related to non-security issues such as trade, telecommunications, transport and technology. Only a few of their treaties are nested within prior treaties, indicating ad hoc rather than institutionalised cooperation. The authors also find that efforts by the two states to build cooperation has not spilt over into areas related to security, pointing to a continued lack of trust between the two states. The article notes the implications of this approach for the future of Indo-Pakistani ties as well as peace on the subcontinent.     

The architecture of annexation? Russia’s bilateral agreements with South Ossetia and Abkhazia

Following the August War of 2008, Russia recognized South Ossetia and Abkhazia as independent states. Both territories remain dependent upon Moscow for their security and economic survival, and they remain dominated militarily, economically, and even politically by their northern patron. These relationships are structured, in part, by a series of bilateral agreements signed since September 2008, which have created a comprehensive legal architecture which, in turn, deeply affects the state- and nation-building processes in South Ossetia and Abkhazia. This article examines 78 agreements signed between Russia and these territories between 2008 and 2015 in order to better understand these processes and how they interact with and are influenced by their respective relationships with the Russian Federation. It groups these agreements into three categories: the 2008 “friendship” agreements which created the initial baseline for the bilateral relationship; the numerous, more narrowly defined documents which fleshed-out this relationship; and the “alliance” and “integration” agreements signed with Abkhazia and South Ossetia, respectively, through which Moscow sought to take its relations with these territories to a qualitatively new level. Of particular focus is the degree to which these territories exhibited signs of independent agency and formal autonomy, as well as the differences between them.     

国际投资条约中投资的确定与东道国发展的考量

根据《ICSID公约》规定,国际投资仲裁庭享有管辖权的前提是有关投资是否属于《ICSID公约》以及相关国际投资条约规定的适格投资,而在判定适格投资的标准中,东道国发展是争议最大的一个标准,相关仲裁庭依据"Salini标准",在裁决中或者认为东道国发展是判定投资的标准之一,或者否认,并在措辞用语上有所不同。《ICSID公约》、世界银行集团的相关文件以及国际投资条约对有关问题的规定表明,东道国发展是大多数国际投资法文件规定的目的或宗旨,其是裁定适格投资的参考因素,但不是必要条件。不过鉴于可持续发展原则对于国际投资活动的要求,有关投资应当有利于东道国的经济、社会或环境方面的可持续发展,而不是纯粹的经济发展。中外双边投资条约中"促进缔约国繁荣"的原则要适时改进。     

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS

In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights.     

国际民商法论纲

随着经济全球化的不断发展和国际民商事交往的日益扩大,国际民商法已经成为国际法中一个新的独立的法律部门。它是国际社会民商事交往的产物,反过来,它的形成又必将促进国际民商事交往的进一步发展。