Sovereign Wealth Funds (SWFs) are currently under increased scrutiny. This article aims at identifying the features and likely impact of the Generally Accepted Principles and Practices (GAPP), using two lenses, both well known to legal scholars, especially within global administrative law (GAL) studies: global standards and transparency. On the one hand, contrasting the GAPP with other types of global financial standards can help identify the most powerful incentives to foster compliance. On the other hand, even though the transparency provisions requesting SWFs to provide public information concerning their legal basis, structure, and financing decisions appear to be a step in the right direction, they need further clarification so that a proper balance between disclosure and the need to avoid unnecessary costs can be struck. Moreover, this article claims that the effectiveness of disclosure provisions in fostering the accountability of the funds depends also on the existence of structural elements.

On 12 July 2016, the Tribunal in the South China Sea arbitration issued its final award. China rejected the ruling as “null and void”. The Philippines dismissed it as “a piece of paper” after initially hailing the ruling a “milestone decision”. The reactions of the parties concerned raise important questions about the bindingness, finality, and state compliance with UNCLOS dispute settlement decisions. This paper addresses these questions by dissecting China’s arguments that the award “has no binding force” and by examining the options available for promoting compliance with the award. The paper also considers the broader question of how states generally comply with UNCLOS dispute settlement decisions and evaluates the significance of UNCLOS dispute settlement mechanisms, including the South China Sea arbitration, in the absence of external enforcement.

Asia is currently the scene of some of the most high-profile maritime disputes in the world. Even though the majority of states in Asia are parties to the United Nations Convention on the Law of the Sea [UNCLOS], its dispute settlement system has only been utilized in a handful of cases. Given that negotiations have brought about limited results in easing many of the tensions, it is worth asking whether the UNCLOS dispute settlement system can play a role in the resolution of maritime disputes in Asia. This paper, based on a review of the disputes before UNCLOS Tribunals, as well the advantages and limitations of the system, argues that the UNCLOS dispute settlement system can make meaningful contributions to resolving thorny disputes between Asian states. It does so by providing a solution to the disputes brought before them, clarifying the legal framework for the conduct of the parties and facilitating co-operation amongst countries in the region.

This paper proposes to think counterfactually about international law: How could it have been otherwise? Asking that question has the benefit of, first, exposing contingencies in international law’s development that are otherwise glossed over in the rush towards making sense of what happened. Second, counterfactual thinking supports the understanding of what actually happened in a context-sensitive fashion. Third, it forms part of comparative moral assessments and exposes blind spots. Counterfactual thinking may thus contribute to the freedom from necessity, from grand theory, and from reality. The paper draws the contours of what writing counterfactual (hi)stories of international law is about, discusses its merits as well as drawbacks, offers guidance on how to do it, and then focuses on two probing examples: What if the International Trade Organization had been established around 1949? What if garment workers were seals and the European Commission prohibited the importation of certain textiles?

This research explores AI-generated originality's impact on copyright regulations. It meticulously examines legal frameworks such as the Berne Convention, EU Copyright Law, and national legislation. Rigorously analyzing cases, including Infopaq International A/S v Danske Dagblades Forening and Levola Hengelo BV v Smilde Foods BV, illuminates evolving originality and human involvement in AI creativity. The study also contemplates global perspectives, drawing from esteemed organizations such as the World Intellectual Property Organization and the European Court of Justice and exploring diverse approaches adopted by individual nations. The paper emphasizes the imperative need for legislative updates to address the challenges and opportunities of AI-generated works. It highlights the pivotal role of international collaboration and public awareness in shaping copyright policies for the AI-driven creativity era. It also offers insights and recommendations for policymakers and researchers navigating this complex terrain.

This paper examines the recent decision by the Indonesian government to terminate its Bilateral Investment Treaty (BIT) with the Netherlands when it expires on 30 June 2015. It discusses the likely driving forces behind Indonesia’s decision, and its alternative future strategy. In particular, it focuses upon controversial provisions on investor-state dispute settlement (ISDS) universally included in BITs. While Indonesia’s termination may appear of minor consequence at first glance, it has significant implications in terms of Indonesia’s obligations under international law as well its capacity to exercise its rights as a sovereign state to act domestically in the public interest. The termination of Indonesia’s first investment treaty containing the ISDS mechanism is also highly symbolic because it represents the first step in a reported strategy to review all its sixty-seven BITs. Indonesia thus joins a growing number of countries concerned about perceived excessive corporate rights enshrined in investment agreements as being incompatible with national development objectives.

Indonesia has been burning or sinking foreign vessels in its efforts to combat illegal, unreported, and unregulated fishing in its exclusive economic zone. Opinions on how much longer this measure should continue are manifold. While political issues may easily mask the situation, the underlying legal question remains: whether burning or sinking foreign vessels is a legal and necessary enforcement measure for Indonesia. Even though Article 73(1) of the UN Convention on the Law of the Sea does not make any reference to this type of measure, it allows coastal states to take measures that are “necessary to ensure compliance with their laws and regulations”. This paper examines the meaning of the term “necessary” within the ambit of Article 73(1) to evaluate whether Indonesia's measure to burn or sink foreign vessels is necessary.

The United Nations Protocol Against the Smuggling of Migrants by Land, Sea and Air sets out an ambitious international approach to prevent and combat the smuggling of migrants. Although the Protocol has found widespread adoption worldwide, many countries have not—or not yet—signed and ratified the Protocol. Many critics argue that the Protocol promotes the views of rich, developed destination countries and offers little incentives for developing countries of origin to support the Protocol. This paper examines the reasons why some countries choose not to ratify the Protocol. The paper sheds light on the common concerns and characteristics of the forty-five non-Party States in order to pave the way for wider adoption of the Protocol and for more concerted efforts to combat the smuggling of migrants worldwide.

Global attention to events on the Korean Peninsula has been striking in the past year. With an inter-Korean summit and an unprecedented US-DPRK summit, hopes of a final end to the Korean War have been renewed. Although these summits resulted in declarations which pronounced an end to the Korean War and an establishment of a peace regime, the declarations must not be mistaken as official peace treaties. Unlike a peace treaty, which is governed by international law, the two summit declarations are not governed by international law due to their lack of legality. Therefore, a clear distinction must be drawn between the declarations and a peace treaty. This paper aims to determine the legal status of the declarations and explain how they are merely non-binding political declarations. The paper then identifies and explores some of the legal implications of a Korean peace treaty.

This article discusses the transition of international criminal justice from a predominantly ex post facto punitive concept of post World War II efforts—and the ad hoc tribunals set up in the 1990s—towards a more comprehensive concept of justice centred around the International Criminal Court established by the Rome Statute, with significant potential for the prevention of future atrocities. Four sources of preventive effect are examined: deterrence, timely intervention, stabilization, and norm setting. Significant challenges remain for the Rome Statute system, notably strengthening the principle of complementarity, enhancing the co-operation of states with the ICC, securing sufficient resources for international justice, and furthering universal acceptance of the Rome Statute, especially in the Asia-Pacific. The author argues that the ultimate value of the Rome Statute system lies in entrenching legal and social norms that will help human compassion prevail over cruelty.

This paper focuses on the role of ASEAN in maintaining peace and security in Southeast Asia. It uses the Temple of Preah Vihear dispute as a case-study to examine both ASEAN's successes and limitations in dealing with a crisis that threatened regional peace. The paper first examines ASEAN's initial response to the conflict and highlights a period of inaction that followed. It then traces ASEAN's renewed efforts to manage the conflict and assesses ASEAN's potential to resolve the dispute. The paper concludes that ASEAN did a remarkable job in facilitating negotiations and was instrumental in preventing the conflict from further escalation. It argues, however, that ASEAN's role remains limited: in particular, problems of institutional design reduce its effectiveness in managing conflicts and settling disputes. The paper concludes by making several suggestions to increase the effectiveness of the organization in maintaining regional peace and security.

In 2005, Matthew Craven noted that “[t]he phenomenon of unequal treaties [has] largely evaporated as an issue from the domain of international law”. In Craven's opinion, international lawyers have demonstrated an “unwillingness to engage effectively with the problem of equality”. This paper argues that states have, in fact, addressed issues of inequity in recent treaty negotiations. When states have had to unite around common goals, various methods of according special and differential treatment have been used to address concerns about substantive equality. Drawing upon precedents from environmental law and international trade, this paper proposes the recognition of a principle of equality in treaty relations. It is suggested that the persistence of inequality should provide grounds for seeking the renegotiation of a treaty, and that a general principle in favour of remedying unacceptable levels of inequality should be applied to build flexibility and stability into treaty relationships.

Cross-border data flow is essential to contemporary international trade. However, transitioning from paper to digital in international trade has benefits and concerns. Concerns have led to an upsurge in data regulation as nations and regions impose restrictions on data flows and storage. This paper argues that, with increasing concerns about data sovereignty, the reconciliation of differing positions will be necessary to ensure that the benefits of digitization can be realized equally. At present, the objective of “data free flow with trust” is aspirational at best, with emerging trade barriers that unfairly threaten opportunities for small to medium enterprises and development within the Global South. This paper supports new knowledge and demonstrates that discriminatory regulation of data flow and disproportionately prioritizing national interests will be a trade barrier that impacts private entities and consumers in all nations. To avoid unintended externalities, cooperation is needed at a global level.

By studying British Indian Army [BIA] desertions during World War II, and British postwar trial responses, this paper explores the complicated dimensions of desertion and draws attention to the need for a more explicit and comprehensive approach to desertion in international humanitarian law. The paper focuses on less known British trials dealing with desertion, namely, war crimes trials conducted by the British in Singapore. It examines how these trials dealt with contested interpretations of desertion. Drawing on lessons from these trials, the paper then highlights gaps in today’s international humanitarian law framework, specifically, the need to take into account the realities of desertion, its different permutations, and the difficulties of differentiating between prisoners of war [POWs] and deserters.

At the second Belt and Road forum in 2019, the Chinese government set out its intentions to develop a “Green Belt and Road”. This paper will examine critical issues arising from green-financed projects under the Belt and Road. In particular, the root issue of the lack of harmonized sustainability standards for green bonds globally. While there are positive regulatory developments, there is still a big gap between companies’ reporting metrics and investors’ growing expectations of what constitutes “green”—constituting “green washing”. This issue compounds as green projects under the Belt and Road are often complex infrastructure projects, where unexpected (and negative) externalities may sometimes occur on the ground. In this regard, this paper advocates for robust risk management, where accurate forecasting of environmental harm and stakeholder engagement are implemented actively throughout the project's life cycle. Finally, adequate dispute resolution and avoidance measures should be adopted to protect stakeholders.

This paper aims to build an analytical framework and a research agenda for a study of the potential impact of the rise of China and India on international law. In the light of the possibility that the two states may, together or individually, make changes in international law and shift it from its present Europe-America moorings, this paper attempts to analyze and answer three topics: (1) the common and different stances of China and India on the existing international legal order; (2) the changes China and India have sought to the international status quo; and (3) the contributions that have been or could be brought by China and India to the development of international law and their implications for the future. It proposes an analytical framework in which these questions are viewed through two lenses: the romantic vision and the realist vision.

This paper explores the practice of governments imposing domestic content-based requirements known as “offsets” on suppliers in order to secure public procurement contracts. Known to cause distortions in international trade, offsets are forbidden under the WTO’s Government Procurement Agreement and in the procurement chapters of several RTAs, although these restrictions have severe limitations with full offset prohibitions only accepted by a handful of developed countries. Given the sensitivity of procurement policy and the need to stimulate local economies, Asian countries in particular show an unwillingness to address offsets in their international agreements. While other WTO agreements restrain the use of local content rules, these regimes are ill-suited to control the harmful effects of offsets in a procurement context because of their focus on traditional commercial markets. The paper suggests that an enlargement of offset prohibitions would be advisable given the expected expansion of global procurement markets commensurate with economic development.

This paper uses the response to Cyclone Pam in Vanuatu, 2015, as a case-study to review one country’s legal preparedness to manage a large influx of international humanitarian assistance, and the international humanitarian community’s respect for national laws and institutions. It describes provisions in international disaster response law and the developing international law on the protection of persons in the event of disaster regarding the role of the affected state, and juxtaposes this with what happened in the cyclone response—namely, the introduction by international actors of a range of international humanitarian tools and services that were neither described in national legislation nor rehearsed in national planning processes. It concludes by suggesting that national governments and international humanitarian responders advance their efforts to promote the inter-operability of their disaster management systems, and to develop an improved mutual understanding of each other’s roles and responsibilities under international law.