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Analysis of International Law 5th ed.(guojifa xilun)1 by YANG Zewei Beijing: China Renmin University Press, 2022. 495 pp. Hardcover: ¥118. doi: unknown.

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Analysis of International Law 5th ed.(guojifa xilun)1 by YANG Zewei Beijing: China Renmin University Press, 2022. 495 pp. Hardcover: ¥118. doi: unknown.

Published online by Cambridge University Press:  19 January 2023

Gang TANG*
Affiliation:
Wuhan University Institute of International Law, Wuhan, P. R. China
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Abstract

Type
Book Review
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of the Asian Society of International Law

How does one further research international law? Focus on the frontiers and closely link theory and practice; this is the mission of contemporary international law scholars. The above book was authored by Yang Zewei, a distinguished professor of the Chang Jiang Scholars Program of the Ministry of Education of China, and a doctoral supervisor at Wuhan University Institute of International Law. Although it is presently not available in English or other translations, the book has been printed in five editions since 2003, is widely read, and is also used as a textbook for postgraduates. The book contains six parts comprising twenty-eight chapters and 641,000 words and is rich in content and rigorous argumentation to allow the world to better understand China.

In the field of philosophy and social sciences, theoretical research is very important, and international law research is no exception. In the first part, the author focuses on basic theories and new developments, which include the political foundation of international law, the status and prospect of humanitarian intervention in international law, the value pursuit of contemporary international law, the comparative study on the interpretation of domestic law and international law, the Belt and Road Initiative, and the development of contemporary international law. The author creatively puts forward a theoretical innovation, “the principle of extensive consultation, joint contribution and shared benefits: New Development of the Basic Principles of International Law”, expanding on the fundamental principles of modern international law.

In the second part, he focuses on state sovereignty including the principle of equal state sovereignty, permanent sovereignty over natural resources, and the international protection of human rights, where he notes that state sovereignty is the core of modern international law.

The third part focuses on the law of the sea. The author pays attention to new challenges, proposing a path for China's greater participation in the global ocean governance system by upholding the concept of “a community with a shared future for ocean”, and initiating the establishment of the “World Ocean Organization”. To prevent any risks in the construction of the 21st Century Maritime Silk Road, the author proposes countermeasures where political risks could be ameliorated by the establishment of an insurance system for overseas investment and bilateral investment treaties. Personnel safety risks should be prevented by revising relevant domestic laws, establishing private security companies, setting up logistic support bases, and taking preventive intervention measures. Furthermore, the author discusses the possibility of a joint development between China and Indonesia in the South China Sea and again proposes specific countermeasures such as obtaining precedent from the 1989 treaty between Indonesia-Australia, which designated a Zone of Cooperation, formulating detailed joint development agreements and making appropriate concessions in the negotiations.

The fourth part focuses on international organizations and analyzes the theoretical foundation, legal basis, challenges, and the effects of reforming the United Nations (UN). Following that, he discusses the dilemma of judicial independence of the International Court of Justice (ICJ), reviews China and the UN's fifty-year history, and looks forward to the future of China's cooperation with the UN. To promote a greater role for China in the UN, it is necessary to enhance close relations with the ICJ and other UN bodies, increase personnel training for the UN, and share China's development experience and ideas with the UN.

The fifth part focuses on international energy law and creatively proposes “International Energy Law: A New Breakthrough in the Development of International Law”, where the formation, contents and objectives are new and distinct from both public international law and municipal energy law. He further expands the research scope of international law by promoting new approaches. The author also discusses the international law of transnational energy pipeline transportation and the legal system of international energy agencies and analyzes global energy governance in the context of the “Belt and Road” initiative.

As China moves closer to the centre of the world, it is particularly important to clarify China's view of international law to the world. The sixth part reviews China's contributions to international law since 1949 and looks forward to future development. The author clarifies China's view of international law, which includes the five principles of peaceful coexistence; the concept of global governance based on “extensive consultation, joint contribution and shared benefits”; the concept of national sovereignty based on “mutual respect, equality and independence”; the concept of human rights based on “collective and individual human rights”; the concept of peace and security that is “common, comprehensive, cooperative and sustainable”; and the concept of outlook on the development of “innovation, coordination, green, open and shared”.

In conclusion, the author interprets international law from a Chinese standpoint. The book presents a Chinese voice, Chinese theory, and Chinese thought, which will help provide a better understanding of China. It is also a bibliography for international law scholars and practitioners.

Competing interests

None.

References

1 This text is currently not translated/available in English.