Post‐Sovereignty and the European Legal Space

The political constitution of the European polity has become strained in recent years by insistent pressures on its institutional capacity to resolve social problems. The article examines the EU's polity crisis in the context of the development of a distinctive modern conception of secular constitutional authority, focused on the ideal of sovereign self‐determination. As the work of Neil MacCormick illustrates, the EU provides a radical challenge to the on‐going capacity of the concept of sovereignty to provide a framework to address problems of legitimacy. The article explores the nature of this challenge, its historical context and its consequences with reference to debates over the nature of constitutional pluralism. It sets out a path to the renewal of the European constitutional debate through a re‐consideration of secular constitutional authority and the necessity of its connection to the idea of sovereignty. The article seeks to re‐engage in the task of ‘questioning sovereignty’.     

The impact of China's 2016 Cyber Security Law on foreign technology firms,and on China's big data and Smart City dreams

Chinese officials are increasingly turning to a policy known as Informatisation, connecting industry online, to utilise technology to improve efficiency and tackle economic developmental problems in China. However, various recent laws have made foreign technology firms uneasy about perceptions of Rule of Law in China. Will these new laws, under China's stated policy of “Network Sovereignty” (“网络主权” “wangluo zhuquan”) affect China's ability to attract foreign technology firms, talent and importantly technology transfers? Will they slow China's technology and Smart City drive? This paper focuses on the question of whether international fears of China's new Cyber Security Law are justified. In Parts I and II, the paper analyses why China needs a cyber security regime. In Parts III and IV it examines the law itself.     

Mural Sovereignty: From the Twin Towers to the Twin Walls

After the demolition of the Berlin Wall (1989), the construction of the Palestinian Wall from 2002 and the passing of The Secure Fence Act of 2006 (governing the US–Mexico border) enact a return to mural forms of sovereignty: walls are both without and within law, ‘old solutions’ to problems newly-made. While the Berlin Wall is considered a Cold War monument, both the Palestinian Wall and the ‘Secure Fence’ concretize the paradoxical reappearance of ancient territorializing strategies in a post-Cold War New World Order. These paradoxes are related to the coincidence of intensive and extensive forms of contemporary sovereignty: the contraction of a narrowed sovereign border accompanied by the projection of an extended sovereign power. These mural structures are considered in the context of the renovation of Ground Zero, Franz Kafka’s story ‘The Great Wall of China’, and Dan Perjovschi’s mural ‘What Happened to US?’ (Museum of Modern Art 2007).     

苏联末期的货币战——透视苏联解体的新视角

苏联末期,在卢布贬值的未来预期下,各加盟共和国展开激烈的银行信贷竞争,同时实行了限制卢布涌入、物资流出的经济封锁。进而,面对俄联邦汹涌而至的卢布潮水,发行主权货币成为小国寡民型共和国防止卢布占领、摆脱自身经济困境的良策。而某个加盟共和国的主权货币行动必然在整个苏联内部引发多米诺骨牌效应。统一的卢布流通域遭遇被15个彼此独立的货币流通域瓜分并取代的命运,作为主权国家的苏联也就在货币层面被摧毁。考察苏联末期的货币战是探寻苏联解体过程的一条重要线索,对于揭开苏联解体之谜具有一定的启示意义。     

FANTASY OR FICTION: MARCHING OF THE DRAGON IN THE SOUTH CHINA SEA

This article looks at the South China Sea dispute and its impact in international relations. It analyses why the Southeast Asian states are highly sovereignty sensitive, and how such sensitivity has made non-intervention the bedrock of managing their foreign policies. China has long viewed the near seas as regions of geostrategic interest, and thus the SCS is not an exception. On the one hand it brings hope and prosperity, and on the other uncertainty and threat. At the end, the article argues whether China’s assertive position regarding other countries’ sovereignty claims in the Arctic might undermine its own position in contested areas like the SCS, and suggests that China will at least have to learn how to share and bear (term coined by the author) as a member of the international community.     

信息时代的国家主权

在信息时代,信息主权成为国家主权的新领域,国家主权行使的范围和空间不断扩大,同时,国家主权在外部受到信息霸权、网络恐怖主义的挑战,在内部受到地方政府、企业和公民的制约。为维护信息时代的国家主权,中国需要采取发展信息技术、加强信息网络管理、完善信息法律法规、构建信息伦理、推动建立国际信息新秩序等措施。     

经济主权在中美WTO裁决执行实践中的应用研究

经济主权是国家主权的重要组成部分,经济全球化的客观现实对经济主权的内涵产生了重大影响.以美国为代表的西方发达国家以经济主权为“藉口”,拖延甚至不执行WTO裁决,中国作为WTO成员中发展中国家的代表,严格执行裁决,在维护本国经济主权的同时,树立负责任的大国形象.本文通过对美国和中国在WTO裁决执行中的实践研究,讨论两国的经济主权现,得出WTO成员既要维护经济主权又要执行裁决的结论.     

从国际法案例看岛屿主权理论变化及最新发展

关于岛屿主权归属问题,在国际法的发展中先后出现了不同的原则。最初,＂发现＂能主张完整的主权权利。紧接着,国际社会强调了对无主地的＂有效占领＂,单纯地＂发现＂只能产生初始权利。而当今国际实践表明,＂有效控制＂已成为裁判领土争端案件的重要依据。在双方对岛屿主权发生争议时,对岛屿进行更为有效控制的一方往往能获得主权。更进一步,＂持续而和平的展示主权所产生的权利可以优于之前已经确定了的权利＂。     

Resolving the Kashmir Conflict: Pakistan,India, Kashmiris and Religious Militants

This article introduces a conflict resolution framework to address the Kashmir ¹ 1. Henceforth in this article, ‘Kashmir’ refers both to the independent territory under Dogra dominion since 1846 to 1947 and to the territory that nowadays encompasses ‘Jammu and Kashmir’ (JK), under Indian control, and ‘Pakistan Administrated Kashmir’ (PAK), under Pakistan. Throughout the article the term ‘Pakistan Administrated Kashmir’ encompasses both Azad Kashmir and the Federally Administered Northern Areas. View all notes conflict. Firstly, Kashmir is mapped out as a multi-dimensional dispute between various parties: besides the interstate dispute between India and Pakistan, Kashmir is also an armed conflict both between India and the Kashmiris over the right of self-determination and between India and the religious militants who are waging a jihad to create a theocratic state. Secondly, in order to understand the complexity of Kashmir, I introduce an original framework based upon six levels of sovereignty that helps us in underscoring the implications of the bargaining process between India, Pakistan and Kashmir. Based on this, I propose a roadmap for peace, which comprises three successive steps: confidence-building measures, restoration of the asymmetric original status of Jammu and Kashmir and, finally, shared sovereignty (partial or total condominium) between India and Pakistan.     

European criminal law and European identity

This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. This analysis will be complemented with a discussion of the integration of the first and the third pillar as aimed for by the Constitutional Treaty (TE), which would bring criminal law under majority rule and European democratic control. Attention will be paid to two ground breaking judgements of the European Court of Justice (ECJ) that seem to boil down to the fact that the Court actually manages to achieve some of the objectives of the CT even if this is not in force. This gives rise to a discussion of how the CT (and related judgements of the ECJ) may transform European criminal law in the Union to EU criminal law of the Union, thus producing an identity of the Union next to the identities prevalent in the Union. The contribution concludes with some normative questions about the kind of European identity we should aim to establish, given the fact that such identity will arise with further integration of criminal law into the first pillar.