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.

It is the purpose of this paper to examine what challenges globalization poses to China, and “Eastphalian” sovereignty. Some commentators have suggested that globalization's advance will transform the globe into something more closely resembling the West. Accordingly, it could be said that it is inevitable that globalization's influences will bring Western perceptions of liberalism and democracy to China. The paper will briefly sketch the broad outlines of sovereignty and globalization to enable working definitions of “Westphalian” and “Eastphalian” sovereignty. The authors then discuss and assess the engagement of European powers with China as a means of contextualizing Eastphalian sovereignty's essence as ideology and worldview. This discussion sets the background for the following analysis of China's and Eastphalian sovereignty's reaction to the notion of a global community.

This article questions the idea that the role of domestic courts in relation to international law is triggered only when international law is incorporated into domestic law by the other branches of government. It argues that domestic courts have extensive powers in defining their role vis-à-vis international law and influencing the relationship between domestic and international law. By going beyond the typical monist-dualist discussions, the first part of the article presents how English and American courts, by giving different meanings to the term “part”, reveal how they perceive their relationships with the other government branches and their role in relation to international law. The article then investigates whether similar judicial techniques can be identified in Asian courts’ treatment of international law. In showcasing the approaches of some Asian courts, the article provides snapshots of how these judges actively shape their role vis-à-vis international law and how they construct their relationships with the Legislature and the Executive.

Internal self-determination is a popular dimension of self-determination in international law. Often regarded as a right to democratic governance, its early promoters were largely Western states and international lawyers. A central observation made by such promoters was that the West favoured internal self-determination while the Third World did not. The present article will argue why this is a misconception and an outdated observation today. However, having argued so, the article proceeds to develop a Third World-oriented constructive critique of internal self-determination, suggesting why the Third World should nevertheless be more critically cautious and vigilant about the promotion of internal self-determination by Western actors as a distinct and concrete right in international law.

Looting and illicit trafficking of cultural artefacts pose major threats to Asia's cultural heritage. This not only causes a continuing loss of cultural objects but also the destruction of large numbers of archaeological and historical sites as objects are often looted from tombs or cut off from larger pieces in order to obtain transportable parts for sale on the international art market. In addition, items are stolen from collections and museums or are trafficked in violation of export bans. This article explores the relevant international conventions dealing with the prevention of the illicit export of cultural artefacts and their repatriation, examines how those legal instruments are implemented in Asia and extended in bilateral agreements between market and source countries, and how particularly regional co-operation between Asian nations, international solidarity and assistance, and relevant domestic approaches can assist in improving the situation.

The Fukushima nuclear accident raised questions about the implementation of the Convention on Nuclear Safety by the Japanese government and identified the need to reassess the obligation of each contracting party deriving from the Convention and IAEA safety standards. The author analyzes several major deficiencies such as the lack of independence and effectiveness of the regulatory body, the failure to evaluate all relevant site- and design-related factors, and design and construction of the installation, as well as the emergency response, in order to determine the failure of the Japanese government to comply with the Convention and exercise the obligation of due diligence. As a result, the author demonstrates the fulfilment of two elements of state responsibility for nuclear damage. The author also establishes the ineffectiveness of the Convention's preventive monitoring mechanisms and recommends the introduction of a stronger monitoring regime and highlights the need to amend the Convention safety rules.

In parallel with its efforts to become a full member of the United Nations (UN) and its specialized agencies, Palestine needs to take the implications of joining such organizations in earnest. Admission to the UN, in addition to encompassing rights for states, simultaneously entails duties on the part of the state. One duty is to respect, protect, and fulfil human rights for those living under Palestine's jurisdiction. This paper assesses the ability of the applicable legislation in Palestine to secure adequate standards of living by focusing on three rights: food, housing, and health. Many of the laws relating to these rights date back to the Turkish, British, Jordanian, and Egyptian eras. With a few exceptions, Palestine has so far enacted executive orders to activate these rights based on older laws. Nothing prevents Palestine from modernizing its nutrition, habitation, and medical care systems and joining the community of welfare states.