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2015 Vol. 23, No. 2  Published: 20 February 2015
 
On Maintaining the International Law System in Interpretation of Treaties
FENG Shoubo
2015, 23(2): 1-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 512 )
Abstract
According to recent academic studies and legal practices, there remain many disagreements about whether international law is systemic and hierarchical and the meaning and the role of Art.313(c) of the Vienna Convention on the Law of Treaties. Due to the coexistence of its systemization, fragmentation, openness and self-containedness, current international law is an incomplete and developing system based on common values and initial hierarchy. Fragmentation jeopardizes its systematicity. The causes are complicated, including the limits of international law, the absence of lawmakers, and the evolution of international relations. This paper analyzes the function of integration and development of Art.313(c) of the Vienna Convention on the Law of Treaties. From the perspective of maintaining the international law system, Art.313(c) is an effective method to reduce fragmentation; but it also has limits: it is quite solid that the current international law system is determined by the power system of the international community.
Research on Legislative Criminal Jurisdiction of Coastal States over the Pollution from Foreign Ships——Discussion on Perfecting Criminal Legislation for Preventing the Pollution from Foreign Ships in China
WU Liangjun,TONG Weihua
2015, 23(2): 11-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 504 )
Abstract
Legislative criminal jurisdiction of coastal states over the pollution from foreign ships in the territorial sea and exclusive economic zones is established in the United Nations Convention on the Law of the Sea. However, the Convention puts strict restrictions over its exercise. Coastal states must follow the limitation of the Convention in order to legislate jurisdiction over the pollution from foreign ships. Compared to the relevant provisions of the Convention, Chinas legislation for preventing the pollution from foreign ships still has many problems. As the signatory country of the Convention, China should actively observe the Convention and perfect its criminal legislation over the pollution of foreign ships.
On Chinese Characteristics of Great-power Diplomacy
LI Zhiyong,YUAN Zhengqing
2015, 23(2): 20-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 489 )
Abstract
When the West is experiencing a relative decline, China is now the second largest economy in the world. Facing the great changes of international relations and the relationship between China and the rest of the world, China diplomacy has a great number of transition opportunities and challenges . Having exercised survival-centered revolution diplomacy and development-centered diplomacy, China is carrying out great-power diplomacy to bring about a great rejuvenation of the Chinese nation. The exercise of great-power diplomacy with Chinese characteristics should be consistent with prevailing international relations and Chinas national conditions. Great power diplomacy with Chinese characteristics should focus on peaceful development and promote a harmonious world instead of Chauvinism and power politics. 
A Theoretical Study of Middle Power Grouping——Its Trend and Chinas Response
DAI Weilai
2015, 23(2): 30-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 487 )
Abstract
With the acceleration of globalization and the increasing multipolarization of the international system, a number of significant and “like-minded” middle powers have gone beyond the multilateral agenda, strengthened and expanded coordination, and formed institutionalized groups. This move extends the scope of middle power diplomacy and enhances the voice and influence of middle powers in terms of global governance, economic development, and international system reconstruction. As for China, middle power grouping is not only an opportunity, but also a pressure. China should strengthen its communication with middle powers, seek common interests from cooperation, maximize the benefit, and minimize the challenges of middle power grouping.
Collective Securitization and East Asian Cooperation on Cyber-security
LIU Yangyue,YANG Yixin
2015, 23(2): 42-54  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 488 )
Abstract
 Cyber security has become an important issue in human development. Over the past decade, Internet in East Asia has experienced an exponential growth, which is however accompanied by increasing cyber-risk. This paper applies the securitization theory to the analysis of cyber security in East Asia and different models of cyber-securitization of regional powers. It argues that regional countries have evident differences in constructing cyber security images. The discrepancy in the construction process has lowered the effectiveness of collective securitization and inhibited the development of regional cooperation on cyber-security. 
An Analysis of Chinas Foreign Aid Strategy from the Perspective of the Overall National Security Concept
WANG Xiaoke
2015, 23(2): 55-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 492 )
Abstract
Foreign aid is a soft diplomatic tool, which can get more resources and moral support for national development and avoid conflict caused by political and military means. It is therefore listed as the third pillar of national security in many countries. Chinas foreign aid should not only serve national economic development, but also give full consideration to security pressure and moral requirement caused by Chinas rise. The overall security concept demands China to adjust traditional foreign aid strategy, improve its domestic institution which determines foreign aid, and appropriately participate the international coordination system of foreign aid. Chinas idea of foreign aid needs to keep pace with the times, leaving more flexible operational space for its foreign policy.
On Data Security——An Examination of Game and Cooperation in Cyberspace
SUN Nanxiang,ZHANG Xiaojun
2015, 23(2): 63-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 451 )
Abstract
With the development of communication and network technologies, such as Internet, cloud computing, and the Internet of Things, cross-boundary flow and storage of data become more convenient. In the era of big data, national data security is facing more severe challenges. Data sovereignty will become the theoretical foundation of national administration of data and data-related technologies, facilities and service providers. In practice, unfortunately, the spontaneous game between nations results in a multi-jurisdictional conflict and chaotic national security dilemma. With the purpose of solving the dilemma, the international community should focus on data sovereignty with the concepts of participation and cooperation. Specifically, data jurisdiction should be based on territorial jurisdiction and personal jurisdiction. All countries around the world take collective actions to confront criminal actions in cyberspace in order to realize common security and development.
The Security Challenges to the ‘One Belt and One Road Strategy and Chinas Choices
LIU Haiquan
2015, 23(2): 72-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 556 )
Abstract
The Silk Road economic belt and the 21st Century Maritime Silk Road initiatives (“one belt and one road”) are of significance to enhance Chinas open economy. The article explores the dual security challenge faced by the “one belt and one road” strategy, including traditional security challenges, such as the game between great powers, territorial and island disputes, and individual countrys political turmoil in the region as well as non-traditional threats such as terrorism, piracy and transnational organized crimes. This article analyzes the present situation of security cooperation in the region covered by “one belt and one road” and also suggests that China needs to pay special attention to “three focuses”, namely supply of public security goods, the interests of the United States and Russia, and the pivot of Pakistan, besides developing its own strength.
The Economic Statecraft of the Obama Administration
BAI Yunzhen
2015, 23(2): 80-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 625 )
Abstract
In the period of the rise of the Asia-Pacific region and emerging powers, the Obama Administration puts economy and market power at the center of U.S. foreign policy, adjusts its priority agenda, promotes trade, investment and commercial diplomacy, and uses economic tools such as foreign aid, sanctions and partnership to deal with diplomatic challenges, in order to improve U.S. diplomatic capabilities. These measures not only have strategic impact on China, but also contain Chinas political influence and jeopardize its economic interests. To deal with that, China needs to further strengthen strategic transformation, promote trade and investment, and use economic tools to solve economic challenges.
The Development of Japans Ocean Soft Power and Its Reference to China
SONG Ninger,WANG Qi
2015, 23(2): 90-  |  Full text (HTML) (1 KB)  | PDF   PDF  (0 KB)  ( 516 )
Abstract
As an important part of its soft power, Japans ocean soft power has been developed gradually. Its essence is to improve the national image in order to meet its need at home and abroad. The process includes five periods as follows: First, the unconscious development of ocean soft power when Japan departed from Asia for Europe; Second, the initial formation of the maritime society model in the low-key period; Third, the gradual mature of the maritime society model in the period of “economic power”; Forth, the overall planning of comprehensive marine policy in the period of “economic and cultural power”; Fifth, the buildup of ocean soft power for all in the period of “popular cultural power”. This process has made two achievements and accomplished a goal, which are the maritime society model, the coordinated development model of ocean cause under the comprehensive ocean policy, and the national development model of ocean cause in the “state-society” system. The experience of Japans ocean soft power has supplied us a series of revelation on developing Chinas strong ocean state.
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