- The Opening Ceremony
On the morning of September 4th, the third training session of China-Africa Association for International Law Exchange and Research Program on international law hosted by the Ministry of Foreign Affairs and co-hosted by Wuhan University was opened in Beijing. Xu Hong, Director of the Department of Treaty and Law of the Ministry of Foreign Affairs (first from left in the front row), Kennedy Gastorn, Secretary General of the Asian-African Legal Consultative Organization (AALCO) (second row in the front row), and former director of the International Court of Justice Judge Shi Jiuyong (second from the front row) and Professor Xiao Yongping (first from the right) of Wuhan University Institute of International Law attended the opening ceremony.
The opening ceremony was hosted by Professor He Qisheng, deputy director of t Wuhan University Institute of International Law.
In his opening speech, Director Xu Hong pointed out that the Chinese government has always been committed to promoting exchanges and cooperation between Asian and African countries. The Asian-African Association is the platform for communication and cooperation between Asian and African countries. Director Xu Hong also pointed out that the world today is undergoing profound changes. China calls on all countries to strengthen cooperation to achieve a win-win situation and ultimately build a community of shared future. Xu Hong hopes that the training class will become a platform for enhancing exchanges and mutual understanding between Asian and African countries, deepening friendship, and jointly building a community of human destiny to achieve lasting peace, development and prosperity in the world.
Secretary-General Kennedy Gastorn spoke highly of China's contribution to promoting exchanges and cooperation between Asian and African countries in the field of international law. Thanks to the Chinese government's support for the work of the Association, saying that the Law Association will continue to support the Chinese government to do well. The China-AALCO International Law Exchange and Research Project has made new and greater contributions to the promotion of solidarity and cooperation between Asian and African countries.
- Judge Shi Jiuyu made a keynote speech
Subsequently, the 91-year-old Judge Shi Jiuyong delivered a keynote speech entitled "The Principles of the Prohibition of the Use of Force in International Law." Judge Shi Jiuyong believes that the original law on Article 2, paragraph 4, of the UN Charter is strictly limited, but the Nicaragua case may be a turning point. This case demonstrates the willingness of the International Court of Justice to deal with cases involving major countries in the world, and to some extent reflects the fact that the International Court of Justice is ready to change the system that originally used the principle of “prohibition of the use of force” as a national political tool. Judge Shi Jiuyong finally stated that international customary law and understanding of the charter still depend on state practice. State practice changes international law. Therefore, the difficult problems will also change. Of course, this change still requires national agreement, but international law. The future development is still beautiful.
- Kennedy Gastorn gave a special lecture
In the course training conducted in the afternoon, the Secretary-General of the AALCO, Gastorn, gave wonderful lectures to students from various countries and regions on the issue of forcible law in international law. Professor Huang Jiefang, an expert from The Recruitment Program of Global Experts of Wuhan University Institute of International Law, served as the host of the course. He had an in-depth exchange and discussion with the Secretary-General and the participants on the content of the lecture.
At the beginning of the course, the Secretary-General cut in from the source of international law in Article 38 of the Statute of the International Court of Justice, which led to the definition of international forcible law in Article 53 of the Vienna Convention on the Law of Treaties, which was the first to impose a preliminary norm on the law of force, but the definition did not The definition of the mandatory law, this course explores the consensus reached by the countries based on the development of the forcible law, and expounds the practice of the United Nations International Law Commission on the use of the law. The Secretary-General then elaborated on the relationship between the "force law" and the "arbitrary law" and "national sovereignty", pointing out that the law of force can be regarded as a kind of commitment by countries to the derogation of state sovereignty.
Furthermore, the Secretary-General shared his thoughts on the forcible law in international law with the participants on the status, theoretical basis, core elements and identification criteria of the forcible law. The two theoretical foundations of the law of force are natural law and legal positivism. The law of force is a general norm of international law. It is a non-derogable principle accepted and recognized by all countries in the international community. It is a norm aimed at protecting the fundamental values of the international community.
The participants in the training gave high praise to the training course and expressed their gratitude to the volunteers for their warm service. It is believed that through this activity, it will certainly enhance mutual understanding and mutual trust between Asian and African countries and lay a solid foundation for promoting exchanges and cooperation between countries.
On September 5, 2017, the third training course of the “China-Africa Association for International Law Exchange and Research Project” ushered in the second training day.
- Stefan Talmon teaches courses in the law of the sea
In the morning, Stefan Talmon, professor of international law at the University of Bonn, Germany, presented a lecture entitled “Compulsory Jurisdiction under the United Nations Convention on the Law of the Sea”. The lecture was hosted by Professor Xiao Yongping, Director of the Institute of International Law at Wuhan University.
Professor Stefan Talmon first pointed out that the outstanding development of the 1982 United Nations Convention on the Law of the Sea compared with the 1958 Geneva Convention on the Law of the Sea is that the 1982 Convention clarifies the dispute settlement mechanism. The Convention is characterized by the right of the State to choose procedures in accordance with Article 297 and to unilaterally initiate arbitration. In international practice, only 37 of the 168 signatories to the Convention chose the Tribunal for the Law of the Sea and 20 chose the International Court of Justice. However, Annex 7 is applicable when some countries do not express their choices about the procedure, or when the disputed countries choose different applicable procedures. This is why Annex VII is widely used.
Then Professor Stefan Talmon and the participants explored the jurisdiction of the Convention and its possible ways to expand its use through legal technology, and the Convention’s proper exercise of rights in balancing the national maritime sovereignty with other countries in the same sea area. Considerations between the people.
- The Fellowship Dinner
In the evening, the volunteer team of Wuhan University prepared a special meeting for the foreign guests. The students were seated in groups and organized activities and discussions in an orderly manner. After a vivid self-introduction, we found that the solemn and serious diplomats and legal officials also have a very different aspect in life.
Some of them are good at musical instruments, some like to sing, and some good mothers who do their best in life. The students listened to each other's stories and life experiences, and learned about each other's work. Afterwards, the participants prepared and discussed the upcoming forum. After heated discussion, the groups gradually determined the direction of the speech, the topic, the speaker and the host, and indicated that the follow-up will continue to use the spare time to brainstorm and improve the issue.
The meeting ended in a relaxed and pleasant atmosphere. Many students took the initiative to express their gratitude to the volunteers for their hard work and to have a cordial conversation with the students. The students have long been familiar with the hot network, and have left the restaurant with a smile, ending a day full of rich activities.
September 6, 2017 is the third training day for the third training course. In the morning, the participants continued to participate in the “Compulsory Jurisdiction under the United Nations Convention on the Law of the Sea” course taught by Professor Stefan Talmon. In the afternoon, Professor Tom Zwart gave a lecture entitled “Building a Community for the Future Sharing of Humanity and International Law”. The two lectures were hosted by Associate Professor Liang Wenwen of the Institute of International Law of Wuhan University and Professor Huang Jiefang of the Institute of International Law of Wuhan University. Professor He Qisheng, deputy director of the Institute of International Law of Wuhan University, also participated in the course.
Professor Stefan Talmon used the South China Sea arbitration case as an example to share with the participants on the issue of compulsory jurisdiction under the United Nations Convention on the Law of the Sea (hereinafter referred to as the “Convention”). Professor Stefan Talmon believes that when looking at the applicant's appeal, it should not be confused by technical packaging, but should see the essence of the dispute from the dispute itself. Later, Professor Stefan Talmon shared his comparative analysis of Article 297, paragraph 1 (3), and 297, paragraph 3, item 1 of the Convention. He believes that in the jurisdiction under the establishment of the Convention, the applicant usually uses the skill of starting from the marine environmental dispute or from the procedural dispute as the entry point to establish the jurisdiction in accordance with the Convention.
Next, Professor Stefan Talmon and the participants applied the optional exceptions to Section 298 to Article 298, the obligation to exchange views in Article 283, and the Article 281 dispute parties were applied when the dispute was not resolved. The procedure is discussed, and the "Declaration on the Conduct of Parties in the South China Sea" is taken as an example to illustrate the importance of negotiation and communication in the settlement of maritime disputes. Participants from the AU Secretariat, Iran and Uganda actively spoke and shared their experiences and insights in international law affairs. The morning lecture ended at 12:30. After class, the students took a group photo with Professor Stefan Talmon.
Professor Tom Zwart’s lecture began at 2 pm. Professor Zwart first quoted President Xi’s speech at the 2017 Annual Meeting of the World Economic Forum, “To share responsibility for the times and promote global development”. Professor Zwart believes that President Xi is advocating the restoration of the current global governance system that lacks representation and universality by establishing a community of future human sharing. Subsequently, he pointed out that an important issue that needs to be studied is how to reflect this community goal in the field of public international law.
He said that developed countries used international law as a tool to oppress developing countries and their people. Therefore, it is understandable that developing countries reject the developed-led international legal system and have a new demand. The developed countries certainly hope that developing countries recognize the existing system of international law. They believe that the concept of cosmopolitanism is supported by these legal orders, and thus developing countries should accept it. Such differences between developing and developed countries may exacerbate tensions in international relations. He believes that there is a third way to solve the problem, namely to include the goals and needs of developing countries in the existing system of international law. He believes this can be called "Strategic Southernisation." Later, he combined the case to analyze the impact of cultural and legal differences between the East and the West on global governance and explored possible international rule of law programs.
In the Q&A session, Professor Huang Jiefang further discussed the issue of Professor Zwate's differences between East and West. Participants from countries such as Iraq and Tanzania also spoke actively and the atmosphere was lively.
On September 7, 2017, the third training course of the “China-Africa Association for International Law Exchange and Research Project” ushered in the fourth training day.
- Judge Zhao Hong gave a special lecture
In the morning, Judge Zhao Hong, a member of the WTO Appellate Body, gave a special lecture on WTO law and international law issues. Professor He Qisheng, deputy director of the Institute of International Law at Wuhan University, served as the host.
First of all, Justice Zhao Hong used international law as an entry point to share and exchange views with students on the status and development of international law, its important role, and the challenges it faces. Later, Justice Zhao Hong focused on the basic principles, rules system and operational mechanism of the WTO, and summarized the important contributions of the WTO Law to international law from the aspects of institutions, decision-making procedures and appeal mechanisms, and on the WTO rules system and other international The relationship of the treaty shares its own thinking. Justice Zhao Hong concluded that the development of the WTO still faces a series of challenges, including how to promote the negotiation process to solve related problems in the 21st century.
During the open discussion session, the participants who participated in the lecture showed a strong interest in the topic of the lecture, and Ms. Zhao Hong had an in-depth exchange on the content of the lecture, and the response was very enthusiastic.
- Professor Tom Zwart gave a special lecture.
In the afternoon, Professor Tom Zwart gave lectures on human rights protection to the participants. He first introduced the current human rights treaty system and analyzed the signing and differences of different human rights treaties. He combined the case to analyze the challenges of human rights protection. Professor Tom Zwart pointed out that due to differences in religion and traditional culture, there are great differences in human rights protection laws in various countries. In particular, many countries do not adequately protect women’s rights. Subsequently, he pointed out the problems of Muslim religious practices in Western Europe and the United States facing conflicts with local laws, and discussed the issue with the students.
In the second part of the lecture, Professor Tom Zwart shared and discussed the text “Comprehensive Southern Vision on Human Rights” with the participants. The text is based on existing human rights treaties and takes into account the fact that different developing countries differ in terms of economic development, religion, and traditional culture. Participants from Iran, Cameroon, Pakistan, India and other countries have combined with the professors on the differences between the Eastern and Western civilizations and the locality of the law.
On September 9, 2017, the third training course of the “China-Africa Association for International Law Exchange and Research Project” ushered in the fifth training day. Teresa Cheng, a senior barrister from the Hong Kong Special Administrative Region of China, gave a wonderful and lively course explanation to the students on the topic of “International Arbitration and Dispute Resolution”.
Mrs. Cheng is currently Chairman of the Asian Institute of International Law and Chairman of the Hong Kong International Arbitration Centre. She has served as a member of arbitration centers in various countries and regions, including the Hong Kong International Arbitration Centre, the China International Economic and Trade Arbitration Commission, the British Arbitration Association, the Singapore Arbitration Association, and the settlement of investment. Dispute International Center, Korea Commercial Arbitration Panel, etc. In addition, due to her outstanding contribution to community and public services, Cheng was awarded the Hong Kong Bronze Bauhinia Medal and the Golden Bauhinia Medal in 2006 and 2011.
In the morning lecture, Cheng taught the participants the relevant theoretical knowledge of international commercial arbitration. Starting with the definition of international commercial arbitration, she showed the participants the advantages and characteristics of international commercial arbitration as a dispute resolution method, and described the choice of arbitration place and arbitration institution, the drafting of arbitration agreement, and the recognition of arbitration award. Regarding matters related to implementation, etc., the overall framework of international commercial arbitration is depicted for the students.
In the afternoon, she communicated and discussed with the students on the issues in the field of international investment arbitration. She first introduced the basic concepts of international investment arbitration to the participants, which enabled the participants to have an intuitive and clear recognition of this arbitration model. In the following course, Cheng focused on the recognition and enforcement of international investment arbitral awards, and on the arbitration and arbitration of international commercial arbitration and international investment arbitration, the recognition and enforcement of arbitral awards. Horizontal comparison.
After the course is over, the training class will welcome valuable leisure time. According to the organizer's arrangement, tomorrow, the students will take a bus to the Forbidden City for sightseeing.
On the afternoon of September 8, 2017, Professor Zhang Liying of China University of Political Science and Law was invited to carry out Chinese traditional culture for the participants of the third training course. Mrs. Zhang, who has rich teaching experience, is very enthusiastic about interacting with the students with fluent English and vivid expressions.
At the beginning of the course, Zhang introduced the Chinese characters, calligraphy, paper-cutting and Chinese national treasures - giant pandas to the students with various vivid courseware. The students were full of enthusiasm and praised the traditional Chinese culture. In order to strengthen the participation of the participants, Zhang and the International Law Institute specially arranged a variety of experience projects. The first of these is to cut out the "Double Happiness" with red paper. When it was said that Double Happiness was a symbol of joy in China, the Iranian students asked: "In China, is it only when you get married, will you use Double Happiness?" This interesting question provoked the teachers and students to laugh.
Later, in order to further activate the atmosphere, the volunteers arranged a unique "Pizza" competition, which allowed the students to pick up more soybeans and put them into the designated dishes during the designated time. As well as the finals, the students from Bahrain won the championship with a steady performance of 24 beans per minute and received a small gift from Mrs Zhang.
With the end of the "Pizza" competition, the course entered a climax, and the students began to practice calligraphy on the water writing cloth under the guidance of volunteers. This is a “hard bone” for foreign students who first touched the brush, but everyone was very interested and eventually completed their first calligraphy work with the help of teachers and volunteers.
With the end of the photo of the whole staff, this Chineses cultural experience class has also come to an end. Everyone is saying goodbye to the teacher in a laughter and laughter. Many students said that this is the most relaxed and pleasant class since the training class started. I look forward to more exciting activities. (Text: Zhu Junjie Photography: Liu Guiqiang, Zhu Junjie)
On September 11, 2017, it was the first training day of the second week of the third training course of the China-Africa Association for International Law Exchange and Research Project. Prof. Yi Xianhe, Chief Expert of Think Tank, Institute of International Law, Wuhan University, gave the participants the basic theory of international public law with the theme of “public international law: basic points and confirmation of international customary law” and “international dispute settlement: some important issues”. Associate Professor Liang Wenwen attended the speech.
Professor Yi Xianhe's speech mainly includes three aspects: the basic structure of the international public law system, the interpretation of the treaty and international customary law, and the settlement of international disputes. Before the course began, Professor Yi Xianhe presented each student with a special issue of Chinese international law journal, which contained a paper he published on the interpretation of treaties in international customary law. The students understood the paper more clearly. The principles involved in the course.
In the basic structure of the international public law system, Professor Yi Xianhe took the "911 incident" as an example and fully interacted with the students. He focused on comparing the structure of domestic law with the structure of public international law and expounding the legal subject and legal relationship between the two. The similarities and differences in legal consequences, dispute settlement, etc., and emphasize that the important value of public international law lies in coexistence, cooperation and progress, and promote the progress of international morality.
In the interpretation of the treaty and international customary law, Professor Yi Xianhe first analyzed the applicable law applicable to the International Court of Justice in Article 38 of the Statute of the International Court of Justice, allowing the participants to have a macro understanding of the legal origins and interrelationships of international law; Then take the Nanhai arbitration case as an example, expound the basic theory of the treaty law, and emphasize the rules of interpretation of the treaty. Then it proposes the method of confirmation of international customary law and discusses how to reduce the uncertainty of treaty interpretation in the view of international customary law. Sex.
In the area of international dispute settlement, Professor Yi Xianhe discussed the significance of the principle of peaceful settlement of international disputes; combined with the case of the relevant international courts, it analyzed the specific legal issues such as the jurisdiction of the International Court of Justice, the rules of evidence and the handling of errors in judgments. This allows participants to understand the role of the International Court of Justice in the peaceful settlement of international disputes from different angles.
Prof. Yi Xianhe’s speech insisted on the combination of comprehensiveness and emphasis, and both value analysis and empirical research. After the end of the course today, the participants have a better understanding of the basic theories of public international law; tomorrow will learn the "Legal Global Governance" course. (Text: Yun Yuntao, picture: Feng Yue, Shan Yu)
On September 12, 2017, it was the second training day of the second week of the third training course of the China-African Association for International Law Exchange and Research Project. Academician of the Institute of International Law (Institut de Droit international), former Chairman of the UN International Law Commission, Professor Maurice Kamto of the Second University of Yaoundé, Cameroon, brings "International Law and Global Governance" to students on international law. A wonderful speech that plays a role in global governance. Associate Professor Liang Wenwen attended and presided over this speech and introduced Professor Maurice Kamto.
In the morning, Prof. Kamto first analyzed the concept of global governance from the perspective of international law, pointing out that the essence of global governance is the balance and distribution of international power under the international system, which makes international decision-making more secure. Then Professor Kamto exemplified the criminals of UN officials. The restrictions on exemptions and the role played by the World Bank and the International Monetary Fund in the fight against corruption, indicating that the reform of international law requires the active participation and collaboration of international organizations; then, Professor Kamto elaborates on the global governance trends in the new situation. It compares the development history and realistic functions of the G8 Summit and the G20 Summit, and highlights the increasingly important role of international organizations representing emerging economies in global economic governance and human rights protection. During and after class, Professor Kamto actively interacted with the participants and explored the issue of criminal jurisdiction of diplomats.
In the afternoon, Professor Kamto first emphasized that global governance as a prominent international trend, mainly after the Cold War. It is the inevitable result of the sovereign state in the process of trying to establish an international legal order. In the process of global governance, sovereign states strongly advocate avoiding the use of force, resolve disputes through communication and negotiation, effectively implement state rights, and implement UN Security Council resolutions, thus forming the theoretical and practical foundation for achieving global governance.
At the same time, the emergence of international organizations and national groups has also greatly promoted and promoted the development of global governance. Although organizations such as G7, G8, and G20 are not strictly international organizations, they still have the characteristics of international organizations. Although the final communication results of such national groups are not mandatory, their soft law effectiveness can effectively promote the development of international law.
Nowadays, with the parallel application of national legislation, agreements formed by state groups, and resolutions of international organizations, the international community has presented the appearance of multiple levels of rules and procedures. On the one hand, this phenomenon poses a major challenge to traditional international law. On the other hand, it also promotes the rapid development of international law and thus adapts to the needs of the new era. Professor Kamto's interaction from cyberspace and national sovereignty, especially the use of traditional international law in cyberspace, and in the field of international sports law, non-state entities, especially the International Olympic Committee, promote the development of sports law and even private international law. Explain.
Finally, Professor Kamto summed up the point of view of today's lecture: Global governance depends on the joint efforts of sovereign and non-state entities. The rules created by non-state entities and the multi-level rules used in global governance will, to a certain extent, constrain national sovereignty. Global governance will also lead to a phenomenon of “decentralization” in the international community. National and non-state entities should strive to promote global governance toward “good governance”.
The lecture ended at 17:30. The participants gave a warm applause to Professor Kamto's wonderful story. (Text: Qi Yuntao, Zhang Qiyue Figure: Shan Wei, Zhang Qiyue)
On September 13, 2017, it was the third training day of the second week of the third training course of the China-Africa Association for International Law Exchange and Training Program.
I. International law and global governance
In the morning, Professor Maurice Kamto, a member of the Institute of International Law (Institut de droit international) and former president of the UN International Law Commission, continued to give a wonderful speech on the theme of "International Law and Global Governance". Associate Professor Liang Wenwen attended and participated in this speech.
The professor takes the application of international law in the field of sports as the starting point. Taking the FIFA FIFA as an example, it elaborates the establishment process and application of international law in international sports organizations, and illustrates the ban of the Nigerian national football team in 2014 as an example. The rules for dispute settlement in international law of sports. Professor Kamto described the evolution of the rules of the FIFA FIFA and the International Olympic Committee, emphasizing that with the development of international sports, a dispute resolution mechanism within a global organizational system is needed. This demand has prompted the emergence of international law. development of.
The professor also talked about the relationship between the development of international law and the economy in the field of sports. He used the development of sports in developed and developing countries to answer the questions of the students and emphasized the importance of specialized organizations in the international sports field. In the context of the international community's sports activities, the professor emphasized the important role of economic factors, and the development of economic globalization has promoted the extensive development of internationalization of sports, and corresponding problems have emerged.
The professor pointed out that the application of international law in the field of international sports, like international water resources protection and international issues of cyberspace, is an important part of the community of human destiny and the meaning of global governance. In order to avoid the emergence of various crises, promote The legislative process of international law.
Finally, the professor concluded that the international rules are in an ever-changing process, and the rules of the FIFA FIFA, the International Olympic Committee, the ILO and other organizations are gradually changing. The purpose of the organization is to balance the mutual Gap, promote common development. Compared with the promotion of international law legislation by international organizations, important members of the international community have played a more important role. China, the United States and the European Union must seek common interests in many fields and promote better development.
II. International law and developing countries: issues and challenges
In the afternoon, Roy S. Lee, Permanent Observer of the Asian-African Legal Consultative Organization (AALCO) to the United Nations, Academician and Vice-Chairman of the Institute of International Law, and Yale University Professor, gave a wonderful lecture on the theme "International Law and Developing Countries: Issues and Challenges." Professor Roy S. Lee has served as a senior official of the United Nations Secretariat, an executive secretary of the United Nations Conference on the Establishment of an International Criminal Court and a Director of the Codification Division of the United Nations Office of Legal Affairs. He is an international scholar of international law with an excellent reputation.
Prof. Nie Jianqiang, deputy director of the Institute of International Law of Wuhan University, attended and presided over the course. Associate Professor Liang Wenwen from the Institute of International Law of Wuhan University also attended the course.
The first topic discussed by professors and students is the strategic issue in multilateral negotiations in the United Nations. The multilateral treaty negotiation mechanism is the main tool for the United Nations to reach a treaty on common interests. The professor used the peacekeeping force as an example to describe the differences between multilateral treaty negotiations and regional treaties and bilateral treaty negotiations. He pointed out that during the negotiation process, the negotiating countries can use the strategies of reservation, modification and entry into force to safeguard the interests of the negotiating countries.
The second topic is the interpretation and practice of the treaty. Indian student Mohammed Hussain asked the professor about the definition of terrorism. The professor pointed out that the International Criminal Court established under the Statute of the International Criminal Court of Rome did not define terrorism, and terrorism should not only be interpreted literally. According to the purpose of interpretation, all violations of humanitarianism can be interpreted as terrorism.
The third topic explored by professors and students is the choice of dispute resolution methods such as territorial and oceanic issues. Taking Article 33 of the Charter of the United Nations as an example, the professor pointed out that the parties should choose the dispute settlement method according to the control and participation of the dispute settlement method involved. Tanzanian students questioned the difference between arbitration and judicial settlement. Professor Roy S. Lee pointed out that the time cost of litigation and the economic cost of arbitration should be fully considered. (Text: Yang Kai, Huang Feiye, Wang Shuyu, Wang Xiaoxiao, Figure: Shan Wei, Zhang Qiyue, Huang Feiya)
On September 14, 2017, it was the fourth training day of the second week of the third training course of the China-Africa Association for International Law Exchange and Training Program.
I. Atmospheric Protection and International Law (1)
In the morning, Professor Institut de Droit international, member of the United Nations International Law Commission, and Professor of Honorary Professor Shinya Murase of Sophia University of Japan brought the title "Atmosphere Protection and The special lecture of International Law, Professor Nie Jianqiang, deputy director of the Institute of International Law of Wuhan University, presided over this special lecture. Associate Professor Liang Wenwen from the Institute of International Law of Wuhan University attended the course.
Professor Yukio Murakami first briefly introduced the development of the International Law Commission in various periods and combed the historical development of the international law of atmospheric protection in various periods. The professor then introduced the participants to important cases of atmospheric protection in international law. Professor Murakami also reviewed the discussion on the topic of “atmosphere protection” in the International Law Commission.
Later, Professor Murakami also introduced the guidelines for atmospheric protection to all the participants present. Professor Yukio Murakami first explained the meaning of the terms and the scope of the guidelines, and pointed out that countries have an obligation to protect the atmosphere and establish a comprehensive environmental impact assessment standard, emphasizing that countries should use the atmosphere fairly and reasonably and continuously. Finally, Professor Murakami also emphasized the importance of international cooperation in atmospheric conservation activities. The activities of large-scale changes in the atmosphere should be carried out cautiously, and activities should be carried out in accordance with international law.
Tomorrow morning, Professor Muramami will continue to teach the students the course "Atmosphere Protection and International Law".
On September 15, 2017, it was the last training day of the second week of the third training course of the China-Africa Association for International Law Exchange and Research Project.
In the morning, the academician of the Institute of International Law (Institut de Droit international), the UN International Law Commission, and the Honorary Professor of Shinichi University of Japan, Shinya Murase, will continue to bring topics on "Atmosphere Protection and International Law". Lecture. Professor Nie Jianqiang, deputy director of the Institute of International Law of Wuhan University, presided over the lecture. Associate Professor Liang Wenwen attended the lecture together.
First, Professor Murakami also emphasized that there is an inextricable link between the rules of international law on atmospheric protection and the rules of international law in other fields such as international human rights law and international law of the sea. He believes that the state should pay attention to the coordination between rules when formulating new rules of international law, especially pointing out the threat posed by sea level rise to the residents of island countries and coastal lowland countries.
Then, Professor Murakami also proposed two guiding principles for the protection of the atmosphere, that is, the state should perform its obligations under international law to protect the atmosphere in good faith and relevant domestic laws. The participants and Professor Murakami also had a heated discussion on the application of the domestic law on atmospheric protection outside the domain.
Later, Professor Murakami also analyzed the three aspects of treaty compliance, dispute settlement, and the link between science and legal rules. Professor Murakami also cited the treaty non-compliance mechanism in the Kyoto Protocol and the Paris Agreement as an example of the need to promote effective treaty compliance by means of facilitation (support) or enforcement (punishment). In response to the international disputes caused by atmospheric pollution and atmospheric environmental damage, Professor Murakami believes that the settlement of disputes should be resorted to the peaceful means covered by Article 33 of the UN Charter, and properly combine the rules of procedure such as the use of scientific evidence, the burden of proof, and the standard of proof. .
Finally, Professor Murakami also re-emphasized that the most important international treaty of the 21st century will be the Convention on Atmospheric Protection Law.
After the lecture, Professor Nie Jianqiang presented a book to Professor Muramami Kazuya on behalf of the Institute of International Law of Wuhan University.
On the afternoon of September 15, Pemmaraju Sreenivasa Rao (P.S. Rao), Chairman of the Institute of International Law and former Chairman of the International Law Commission, gave the participants a lecture entitled “The Nature and Function of International Law Under Current International Knowledge”. The lecture was presided over by Prof. Nie Jianqiang from the Institute of International Law of Wuhan University. Associate Professor Liang Wenwen and the participants attended the lecture.
Professor Rao talks about the center of the international community and developing countries from the perspective of international law. Professor Rao believes that since 1945, more colonial countries have gained independence and joined the United Nations, further improving the purposes and principles of the United Nations, and at the same time enriching and developing the concept of "international society." At present, the number of developing countries has reached more than 150, and it is increasingly playing an important role in the international community.
Professor Rao believes that developing countries strive to promote the development and codification of international law and are committed to safeguarding the security and interests of the international community based on the principles of the rule of law, fairness and justice. However, the lack of recognized common norms among developing countries has thus become a hindrance to the development of the international community. At the same time, developing countries also have a wide gap between the rich and the poor, serious problems of organized crime and corruption, and lack of outstanding problems such as good governance, which hinder the development of laws and social order at the national and international levels.
In the new developments involving contemporary international law, Professor Rao expressed his views on the validity and nature of the UN General Assembly resolutions. He believes that although the UN General Assembly resolution has only a proposed legal status, it is also considered to be a document of a partial legislative nature. If the resolution is recognized through repeated and sustained state practice, it is likely to have the nature of international customary law. Even if the resolution exists only as a document of a soft law nature, it will play an important role in shaping the new world order and universal international law.
In the second half, Professor Rao shared his understanding of the legal framework of the international community and its limitations, and how to adopt a comprehensive policy to deal with international terrorism. Among the issues concerning national independence, Medard Ainomuhisha, a legal officer from the Ministry of Foreign Affairs of Uganda, and Asmamaw Betelhem Arega, legal counsel from the AU Secretariat, respectively, discussed the controversial issues in the self-determination of Western Sahara with Professor Rao. In-depth communication. Seyed Ali Mousavi, director of the Iranian Ministry of Foreign Affairs, compares and comments on the conditions for the exercise of national self-determination, as the last remedy, and the similarities and differences between the Western Sahara case and the Kosovo case. Amel Yousif Mukhtar Yousif Abuaglf, Legal Adviser to the Ministry of Justice of the Sudan, and Stella Orina, Treaty Commissioner of the Ministry of Foreign Affairs of Kenya, shared their views on the situation and issues facing the country.
The lecture ended at 18:00. Professor Nie Jianqiang and the trainees expressed their gratitude to Professor Rao for his in-depth analysis and wonderful presentation. So far, the lectures and learning sections of this training course have basically ended.
In the next few days, the participants will visit Huawei, learn Tai Chi, visit the Great Wall, and visit the Supreme Court under the leadership of volunteers from the Institute of International Law of Wuhan University. It is expected that the students will experience China's history, culture and modernization in a more comprehensive and three-dimensional way through rich activities. (Text: Shan Wei, Zhang Qiyue Figure: Shan Wei, Zhang Qiyue, Liu Zhen)
From September 16 to September 18, the third training course of the China-Africa Association for International Law Exchange and Research Project arranged a wonderful tourism learning course for Asian and African students. The students visited the Beijing Institute of Beijing and the Supreme People's Court, visited the Badaling Great Wall, and studied traditional Chinese Tai Chi courses.
- Visiting Huawei Beijing Research Institute
On the morning of September 16, the participants of the AALCO training class and the volunteers of the Institute of International Law of Wuhan University went to China to visit the Beijing Research Institute. Under the guidance of Huawei staff, Asian and African students visited Huawei's digital exhibition hall and learned about Huawei's basic structure and development. Subsequently, Huawei staff showed the trainees a series of products designed to facilitate human life and improve the quality of human life. At the end of the event, Asian and African students also experienced Huawei's mobile phones, tablets and other electronic products.
- Learning Taiji Courses
On the afternoon of September 16, Mr. Zhao Jiang from the China University of Political Science and Law brought a unique Tai Chi course to the participants of the AALCO training class. After a full warm-up activity, Mr. Zhao instructed everyone to focus on the basic skills of martial arts, including kicking, various boxing and leg methods, and doing simple martial arts exercises. Lead the students to focus on Health Qigong, Ba Duan Jin, Yi Jin Jing, Wu Qin Xi, Tai Chi Chuan 16 style.
Later, Zhao Jiang’s daughter, Zhao Yuchen, brought the performances of Taiji Sword and Taiji Fan to the students. Her solid foundation, skillful use and dignified and elegant action show won the warm applause of the audience. Teacher Zhao also brought the performances of Nan Quan and Cha Boxing to the students. In the final session, the two teams of the students and the volunteers practiced the pusher and the Chen Taiji 56 under the guidance of Teacher Zhao. The atmosphere in the classroom is very active and laughter continues.
- Visiting the Badaling Great Wall
On September 17, the participants went to the Badaling Great Wall to accompany the volunteers of the Institute of International Law. The students arrived at 10:45, guided by the tour guide to the half-mountain by the cable car, then climbed up the rampartic wall and walked past two beacon towers to the eighth basement of the commanding height. During the period, the students stopped to rest, stayed on the fence, and sometimes took photos with partners and volunteers to record unforgettable moments. Others rely on the city wall to video chat with relatives and friends, sharing the joy of climbing the Great Wall. The students all lamented the majesty and magnificence of the Great Wall and lamented the wisdom and hard work of the builders thousands of years ago. At about 13 o'clock, the students walked down the Great Wall, led the tour guide to the halal restaurant to taste the food, and returned to Taikang Business School in the evening to end the day.
- Visiting the Supreme People's Court
On the morning of September 18, Asian and African students drove to the Supreme People's Court accompanied by volunteers from the Institute of International Law. Director Liu Ming of the Asian-African Department of the International Cooperation Bureau of the Supreme People's Court first led the participants to visit the court's trial court, allowing the participants to experience the solemnity and solemnity of the court. Subsequently, the staff of the Supreme People's Court explained the "Intellectual Court" electronic system of the Supreme People's Court to the participants and shared the work of the Chinese courts in promoting the electronic and intelligent process. In the final part of the visit, Jiang Huiling, a senior judge of the Supreme People's Court and director of the China Institute of Applied Law, communicated and discussed with Asian and African students on China's judicial reform, so that the participants can understand the progress of China's judicial reform more intuitively and clearly. . (Text: Zhang Qiyue, Liu Guiqiang Figure: Shan Wei, Zhang Qiyue)
At 14 o'clock on the afternoon of September 18, 2017, the third session of the China-Africa Association for International Law Exchange and Research Project was held as scheduled. According to the selection of everyone, Seyed Ali Mousavi from Iran is the host of this student forum. The Iranian students expressed their gratitude to the organizers and staff of the parties and briefly introduced the topics of each group. Subsequently, representatives of each group performed about 40 minutes of thematic presentations and about 20 minutes of interactive questions and answers. The entire student forum was organized and the participants actively asked questions and the interaction was very enthusiastic.
The first group of topics is “International Cooperation against Cyberspace Crime”, and the speaker is Melville Roberts from the Gambia. He first started with the Budapest Cybercrime Convention, which led to the definition and harm of cybercrime and cyber terrorism. Then he explained in detail the forms of cooperation of the international community in preventing and combating cybercrime. Gambian participants pointed out that there are still many challenges in combating cybercrime, including insufficient legislation on cybercrime, limited equipment and technical capabilities, lack of awareness of the reality and immediacy of cybercrime, and international cooperation needs to be strengthened. In this regard, he believes that legislation on cybercrime should be strengthened and an effective enforcement mechanism should be established. International organizations should organize relevant meetings of cybercrime organizations, promote exchanges between countries and share practical experience, and propose amendments to existing conventions, treaties, and protocols to better prevent and combat cybercrime.
Subsequently, Pandiaraj Sankaralingam, an official of the AALCO from India, presented the project as a representative of the second group of students. He elaborated on the prominent features of international law, including the characteristics of international law in opposing international hegemonism. International practice has analyzed the development of international law in recent years as a whole, especially the development of international law in Asian and African countries in recent years. Mr. Pandiaraj's entire report closely combines the basic principles and practices of national law to analyze the evolution of national law, which is well-founded and very exciting.
The third group's topic is “Viewing the protection of the world's cultural heritage from the perspective of international law.” Ms. Ilkay from Turkey first introduced the UNESCO 1972 Convention (hereinafter referred to as the “1972 Convention”). As an important convention for the protection of the World Cultural Heritage, the 1972 Convention gives a definition of cultural heritage. At the same time, the 1954 Hague Convention (hereinafter referred to as the "1954 Convention") first mentioned the protection of cultural heritage in the context of war. The 1954 Convention considered that the destruction of the cultural heritage of any country constituted an infringement of the cultural heritage of all mankind, and any member state of the Convention had an obligation to protect cultural heritage during wartime. Ms. Ilkay also introduced several protocols, including the Additional Protocol I to the Geneva Conventions, as well as relevant Council resolutions. Combining the status quo of cultural heritage including Turkey, Afghanistan and other countries, it highlights the importance of protecting the world cultural heritage. At the same time, Ilkay also pointed out that it is difficult to obtain evidence for the destruction of cultural heritage. At the same time, the different cases have led to the weakening of the reference of jurisprudence, which makes the application of international law in the protection of world cultural heritage is particularly difficult.
After the show, the third group of topics caused a warm response from the participants. Participants from Iraq made their own comments on the status quo of Iraq's cultural heritage. He believes that cooperation with UNESCO is necessary and meaningful for the protection of cultural heritage. The students from Egypt also gave their own comments on the international practice of Egyptian relics in cultural relics. He believes that in today's international society, the loss of cultural relics is also a very important topic. Participants from Kenya also published their views on cultural relics recollection in conjunction with Kenya’s experience of cultural relics loss.
After the show, the host highly affirmed that these topics are very close to international practice and have realistic meanings. At the same time, he expressed his gratitude to the forum organizer Wuhan University Institute of International Law, and the student forum has come to a successful conclusion. (Text: Zhu Junjie Figure: Liu Guiqiang)
On September 19, 2017, it was the second training day of the third week of the third training course of the China-African Association for International Law Exchange and Training Program.
Cao Honghui, deputy dean of the China Development Bank Research Institute, director of the Financial Market Research Office of the Institute of Finance of the Chinese Academy of Social Sciences, and director of the Center for Payment and Clearing Research, gave the participants a wonderful speech on the theme of “One Belt, One Road: Cooperation and Win-Win”. Professor Nie Jianqiang, deputy director of the Institute of International Law of Wuhan University, and Associate Professor Liang Wenwen of the Institute of International Law of Wuhan University attended the course.
Cao Honghui, deputy dean of the China Development Bank Research Institute, first introduced the past and present of the China Development Bank in a concise manner. China Development Bank is the world's largest development financial institution, China's largest foreign investment and financing cooperative bank, medium and long-term credit bank and bond bank. China's experience in infrastructure has provided important sample support for the development of the world economy and shared fresh experiences for the development of countries.
Then, Vice President Cao Honghui pointed out that in addition to promoting the common interests of the community of human destiny, China’s goal of proposing the “Belt and Road” strategy is to make China more adaptable to the trend of globalization and achieve win-win cooperation in the “Belt and Road” construction. . The participants actively asked questions about China's economic development and the specific content of the “One Belt, One Road” strategy. Vice President Cao Honghui enthusiastically answered questions.
At 14 o'clock on the afternoon of September 19, 2017, the closing ceremony of the third training course of the "China-Africa Association for International Law Exchange and Research Project" was successfully held. Ma Xinmin, Deputy Director of the Department of Treaty and Law of the Ministry of Foreign Affairs, Director Song Dong, Professor Xiao Yongping, Director of the Institute of International Law of Wuhan University, Professor Nie Jianqiang and Associate Professor Liang Wenwen attended the closing ceremony.
The closing ceremony was presided over by Professor Nie Jianqiang, deputy director of the Institute of International Law at Wuhan University.
In his speech, Deputy Director Ma Xinmin highly affirmed the training results of the third training course of the "China-Africa Association for International Law Exchange and Research Project", pointing out that the training course is promoting international law research, enhancing exchanges and mutual understanding between Asian and African countries, and deepening The importance of friendship and the important work of the Institute of International Law of Wuhan University for this training.
Subsequently, Iraqi student Ahmed Abdulmunem Ahmed and Kenyan student Stella Orina addressed the Asian and African participants respectively. In his speech, Mr. Ahmed Abdulmunem Ahmed thanked the organizers for their hard work and hard work during the event. They believed that the activities of the training course had achieved fruitful results and greatly promoted communication and exchanges between Asian and African countries.
Ms. Stella Orina, a Kenyan student, briefly reviewed the lectures and gave a high evaluation of the informative and exciting training courses. She also expressed her sincere gratitude to all volunteers of the Wuhan University International Law Institute for their hard work during the training.
Finally, Deputy Director Ma Xinmin issued a certificate of completion for all the students and took a group photo with all the students. So far, after three months of preparatory work, the training course for the third training course of the China-Africa Association for International Law Exchange and Research Project was successfully concluded in Beijing. (Text: Rui Xinuyue; Figure: Liu Guiqiang)
