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The security of energy investment is becoming an increasingly important factor for China’s harmonious economic development. Without a specific agreement concerning the protection and promotion of foreign energy investment between China and other states, to utilize the Energy Charter Treaty would be a better and feasible choice. This study will first present a brief overview of the legal protection of China’s OFDI, followed by an overview of investment protection and promotion under the ECT, and then it assesses the positive implications of China being a member state of the ECT together with the potential risk. A comprehensive discussion illustrates that accession will be a desirable result for China. Finally, it goes further to proclaim that an Asia-Europe Energy cooperation legal framework will be on its way provided that China enters into the ECT.

In: The Journal of World Investment & Trade
In: The Journal of World Investment & Trade

Abstract

One important aspect of the regional autonomy of Dai nationality is the autonomy in using the written language. For over half a century, this autonomy has seen some success but also some setbacks. It went through two main periods: the first was from 1953 when a local representative meeting in Xishuangbanna Autonomous Region decided to create the new Dai written language from the traditional written language, promoting the new script in education and newspapers. The second period spans from 1986 until today. In 1986, the people's congress of the prefecture adopted the Decision of Using the Traditional Dai Written Language. Since then, all circles, including education, media, etc, were devoted to popularising the traditional Dai written language, but the effort seems unsuccessful. On the basis of fieldwork and documentary review, this article makes a preliminary investigation into the legal system with regard to the autonomy of using the written language in Xishuangbanna.

In: International Journal on Minority and Group Rights

Summary

Sport is a political and diplomatic arena where politics parodies sport and vice versa. When relations between two nations are poor, sport can be employed as a tool to heighten confrontation or, if relations start to improve, sport can also create and accelerate diplomatic momentum. In both cases, sport is politicized, but in the Chinese perspective only the latter instance can be considered as sports diplomacy. Sport itself is neither sufficient for diplomatic breakthrough, nor sufficient for diplomatic breakdown. The increasing importance of sports diplomacy also validates the transformation of traditional to new diplomacy.

In: The Hague Journal of Diplomacy

In recent times, the question of whether transitional justice can and should ameliorate structural inequalities has been taken up with increased interest by scholars and policy makers. This has led to more ‘transformative’ understandings of transitional justice, which seek to inter alia broaden its conception of justice to include both restorative and redistributive agendas. The Colombian restitution program explicitly adopts a transformative concept of reparations and thus provides an opportunity to consider how a broader conception of justice could be translated into practice through transitional justice mechanisms. While recognising that both restorative and distributive justice can contribute to the reparative needs of victims, this article argues that a transformative approach does not adequately consider the genuine tensions between these dimensions. In addition to this theoretical obstacle, the difficulties of implementation suggest that it creates unrealistic expectations of what reparations can accomplish in practice.

In: International Human Rights Law Review

This article examines the substantive and procedural rules on climate finance adopted as part of the Paris Rulebook. It finds that the Rulebook has occasioned some important progress, less on substance than on procedure facilitating greater transparency. On substance, the Rulebook recognizes the existing goal by developed-country parties to the unfccc to raise $100 billion of climate finance per year by 2020 and it provides for a process to be initiated in 2020 to determine a new collective goal that will be no less than the existing one. On procedure, the Rulebook establishes extensive reporting obligations for improved understanding of climate-finance flows. By examining the implementation challenges and gaps, this article discusses whether the climate-finance provisions of the Paris Agreement as developed through its Rulebook will be able to remain consistent with the applicable principles of international law on climate finance and thus drive a comprehensive shift in finance flows.

In: Climate Law
In: Maritime Cooperation in Semi-Enclosed Seas

Abstract

The right to development is an inalienable human right, but its realization should be balanced by environmental rights. Development leads to environmental problems, and without the intervention of appropriate environmental policies, overall environmental quality is likely to be aggravated or exacerbated with economic growth. If damaged to a certain extent, it would make the development results impossible to enjoy and even lead to the total destruction of all civilizations, including the entire human race. The principle of sustainable development is the only way to implement the right to development for protecting the environment on which humans depend, and includes not only inter-generational equity but also intra-generational equity. Developed and developing countries should cooperate with each other in good faith in economic activities and major environmental issues that are of fundamental interest to humankind regardless of whether there exist relevant legal documents or not, particularly in those economic activities with potentially significant threats to the environment, such as international trade, international investment, the transboundary movement of toxic or hazardous wastes and extremely hazardous activities or significant technological risks. In this regard, the principle of common but differentiated responsibility is a practical model of international cooperation between developed and developing countries to ensure environmental target in development.

In: The Right to Development