Book Review: The Assault on International Law, by Jens David Ohlin

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This essay reviews Jens David Ohlin’s The Assault on International Law, an important new book that analyzes the arguments deployed by the New Realists in their efforts to detach the United States—and the Executive Branch, in particular—from certain international obligations. The essay finds compelling the book’s core argument: that the New Realists misconstrued and misapplied game theory.

Report of the Mission to China of the Association of the Bar of the City of New York

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This Report is submitted to the Executive Committee of The Association of the Bar of the City of New York (New York City Bar Association), to the Association’s Council on International Affairs and to its committees on Asian Affairs and International Human Rights by members of a mission appointed by the Association to visit the People’s Republic of China (China) and Hong Kong S.A.R. in response to an invitation from the Beijing Lawyers Association to discuss matters of mutual concern to the two associations, including the training and independence of lawyers and the administration of...

China’s Implementation of the UN Sales Convention Through Arbitral Tribunals

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Because of China’s enormous and fast-growing economy and its increasing role in shaping global governance, the evolving rule of law system in the People’s Republic poses some of the most critical challenges and opportunities for peace and prosperity in our era. This article examines a feature of the private law system which has developed over the past three decades alongside–arguably instead of–a reliable public order for resolution of international commercial disputes. It does so by focusing on the decisions issued by China’s pre-eminent arbitral association–the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. This article examines the role of CIETAC in China’s dispute resolution system, discussing its practices, its procedures and some of the problems that have arisen in regards to settling disputes with foreign parties. In particular, it undertakes a close examination of CIETAC decisions interpreting the United Nations Convention on Contracts for the International Sale of Goods which has been in effect in China since January 1, 1988 and provides the default scheme that regulates all eligible international sales of goods transactions among parties. A leading authority on law in China has argued that CIETAC’s practices need substantial reform if they are to adhere to the standards of other international arbitral tribunals. Based on the information currently available, however, we tentatively conclude that concerns such as those about pro-Chinese bias or corruption in this system are either not in evidence or are being addressed. We believe that the glass is half full and generally becoming fuller–at least for the peaceful and just resolution of international commercial...