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Page 1 of 8

  • Treaty for a Lost City
  • The Sino-British Joint Declaration
  • C. L. Lim
  • Coming soon
  • Expected online publication date: August 2022
  • Print publication: 31 August 2022
  • View description
    The Sino-British Joint Declaration was signed in 1984 and transferred control of Hong Kong to the People's Republic of China from the 1st July 1997. This sets the scene for the establishment of the Special Administrative Region (SAR) in Hong Kong, which has been at the heart of the civil unrest in 2019-2020, culminating in the National Security Law on 30 June 2020. In the 25th anniversary year of the handover of Hong Kong, C. L. Lim uses British archival sources to re-examine the Joint Declaration, the negotiations that led up to it, and its resounding significance that continues to the present day. Beginning with Margaret Thatcher's preparations for her Beijing trip, the book takes a chronological approach and offers a valuable, single-volume history of the Joint Declaration. In light of tumultuous current events in Hong Kong, Lim provides a vital, clear explanation of the legal complexities that have underpinned the relationships between China, Hong Kong and Britain since 1979.
  • 1 - Development of the Principal Forms from Antiquity to Arbitromania
  • from Part I - The History, Doctrines and Sociology of the Growth of Transnational Justice
  • Edited by C. L. Lim, The Chinese University of Hong Kong
  • Book: The Cambridge Companion to International Arbitration
  • Published online: 08 October 2021
  • Print publication: 21 October 2021, pp 3-37
  • View extract

    Summary

    International arbitration differs from domestic arbitration. As Jan Paulsson puts it, ‘international arbitration is no more a “type” of arbitration than a sea elephant is a type of elephant’.1 Yet as with sea elephants there are different species of international arbitration. This book is about how the lines by which international arbitration’s principal forms – in the contexts of commercial disputes, disputes between a foreign investor and a State, disputes purely between States, and even between the State and its constituent part – grew separately but whose growth joined and overlapped.2 One misconception should perhaps be dispelled at the outset; that the classifications just mentioned depend upon the identity or status of the parties. For States too, and not just private parties, may become involved in an international commercial dispute. Not just with non-State, private actors but also between themselves. The distinction that matters lies instead in the precise legal relationship giving rise to the dispute submitted to arbitration. Less rare is a dispute under a foreign investment contract between a State and a private party which is submitted to arbitration seated in a neutral place or to ‘delocalised’ International Centre for the Settlement of Investment Disputes (ICSID) arbitration. Thus, for the purposes of this Companion, an inter-State arbitration, properly called, is one whose applicable law is public international law. In the case of intra-State arbitration the precise nature of the parties’ legal relationship – whether that is a matter of domestic law, even domestic private law, or public international law – may form a large part of the issue.

  • 20 - Regression, a Conclusion
  • from Part V - Systemic, Trans-Substantive and New Issues
  • Edited by C. L. Lim, The Chinese University of Hong Kong
  • Book: The Cambridge Companion to International Arbitration
  • Published online: 08 October 2021
  • Print publication: 21 October 2021, pp 468-482
  • View extract

    Summary

    An older narrative may be re-asserting itself. The view that international arbitration is an imperfect realisation of international judicial settlement now lingers. Similarly, there is the sense in some quarters that greater judicial supervision is desirable, not just by national courts but also at the international level. Such views may be expressed in various ways.

The Cambridge Companion to International Arbitration
  • The Cambridge Companion to International Arbitration
  • Edited by C. L. Lim
  • Published online: 08 October 2021
  • Print publication: 21 October 2021
  • View description
    This Cambridge Companion explores the main senses of the term 'international arbitration'; including the arbitration of private commercial disputes, disputes between a State and a foreign investor, disputes between States and also between a State and its parts. It treats these various forms as being inter-related, if not always conceptually, then as a matter of history, rather than as collective victims of imprecise language. The book touches not only on current debates but also more foundational aspects, such as the tension between party autonomy and State authority, and the pacifist roots of modern international arbitration. Thus, it aims to offer a concise survey of the history, the main issues as well as the latest developments in a single, handy volume. It will be an invaluable introduction to the subject for students studying international arbitration, commercial law and international law, and also lawyers and the general reader.
  • 14 - Reports of TPP’s Death Have Been Greatly Exaggerated
  • from Part IV - Multilateral Rule-Making in Asia on Trade and Investment: From ASEAN to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
  • Edited by Mahdev Mohan, Singapore Management University, Chester Brown, University of Sydney
  • Book: The Asian Turn in Foreign Investment
  • Published online: 13 August 2021
  • Print publication: 26 August 2021, pp 242-258
  • View extract

    Summary

    TPP’s importance lingers notwithstanding cries that it is ‘dead’ following the Trump Administration’s withdrawal. In practice, treaty convergence – even sheer mimicry - occurs. One might think of that as being akin to procuring a live organ transplant. The analogy is inexact. Even long dead treaties and treaty clauses can be organ donors. The TPP investment text ushered in some fascinating new clauses. They delegate to tribunals not only the task of resolving disputes, but also that of imagining, fashioning, and applying appropriate standards of social protection. In an earlier paper, I called TPP an exercise in ‘prescriptive neutrality’. This chapter returns to that argument.

  • What is quantitative plant biology?
  • Daphné Autran, George W. Bassel, Eunyoung Chae, Daphne Ezer, Ali Ferjani, Christian Fleck, Olivier Hamant, Félix P. Hartmann, Yuling Jiao, Iain G. Johnston, Dorota Kwiatkowska, Boon L. Lim, Ari Pekka Mahönen, Richard J. Morris, Bela M. Mulder, Naomi Nakayama, Ross Sozzani, Lucia C. Strader, Kirsten ten Tusscher, Minako Ueda, Sebastian Wolf
  • Journal: Quantitative Plant Biology / Volume 2 / 2021
  • Published online by Cambridge University Press: 20 May 2021, e10
    • Article
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  • View abstract

    Quantitative plant biology is an interdisciplinary field that builds on a long history of biomathematics and biophysics. Today, thanks to high spatiotemporal resolution tools and computational modelling, it sets a new standard in plant science. Acquired data, whether molecular, geometric or mechanical, are quantified, statistically assessed and integrated at multiple scales and across fields. They feed testable predictions that, in turn, guide further experimental tests. Quantitative features such as variability, noise, robustness, delays or feedback loops are included to account for the inner dynamics of plants and their interactions with the environment. Here, we present the main features of this ongoing revolution, through new questions around signalling networks, tissue topology, shape plasticity, biomechanics, bioenergetics, ecology and engineering. In the end, quantitative plant biology allows us to question and better understand our interactions with plants. In turn, this field opens the door to transdisciplinary projects with the society, notably through citizen science.

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