XIAMEN ACADEMY OF INTERNATIONAL LAW

Xiamen Academy of International Law

Add.: 422 Siming South Road, Xiamen City Fujian Province, 361005, P.R.C. ： 422 Tel.: +86-592-218-6468, 218-1983 Fax: +86-592-218-3152 Email: [email protected] 2015

Summer Programme 13-31 July, 2015 Xiamen,

www.xiamenacademy.org 2015.01 The map of cover page is originated from University of Texas Libraries. www.xiamenacademy.org

Contents Preface

The Xiamen Academy of International Law (Xiamen In 2015, the Xiamen Academy will celebrate its first Preface Academy), located in the beautiful seaside city of decade of operation. It has successfully convened and Xiamen, China, was established in April 2005. Then hosted nine summer programmes (since 2006), which The Curatorium p in July 2005, the first meeting of the Curatorium was featured more than fifty world-renowned international convened at the Peace Palace, The Hague. law professors, ICJ judges and experts from around The Administrative Council the world. More than 1000 participants from some 40 The 2015 Summer Programme The Xiamen Academy aims to provide the highest countries and regions have joined the nine summer level of legal education to individuals interested in programmes in Xiamen, contributing fully with Lecturers Admission the development and application of international law, enthusiasm and dedication, and leaving with lasting Registration Fee such as young lecturers in international law, positive impressions. Our Xiamen Academy alumni Scholarship diplomats, practitioners of law, government officials testimonials highlight an appreciation not only for the Scholarship Regulations in charge of foreign affairs, and officials in cutting-edge knowledge of international law they Registration Form international organizations. The mission of the gained, but also the happy memories and new Letter of Recommendation Academy is to promote academic exchanges among relationships that they made in Xiamen. legal communities across the globe, to encourage ContactC Persons open discourse related to contemporary and The Xiamen Academy is pleased to announce that traditional international issues, and in so doing to the 2015 Summer Programme will be convened in facilitate realizing the fundamental tenets of Xiamen from 13-31 July 2015. Keeping with tradition international law: to promote international peace and this session will include lectures by the world's leading cooperation through an improved understanding of international legal experts and address core issues in international law. international law. We look forward to welcoming you to Xiamen! The courses are delivered in English. The Programme has been designed to be both scholarly and practical. The courses, distinctive from educational programmes offered by national schools and universities, are targeted at those who already are familiar with international law and whose professional interests and intellectual curiosity drive them to pursue enhanced professional development in this field. www.xiamenacademy.org www.xiamenacademy.org

The The Administrative Curatorium Council Andreas F. LOWENFELD, Professor of International President a.h. Law, New York University,New York , U.S.A.

V. S. MANI, Director, School of Law and Governance, Chia-Jui CHENG, Professor of International Law, Jaipur National University, Jaipur, India Soochow University, Taipei, China

Hisashi OWADA, Former President of International President Court of Justice, The Hague, The Chairman

Jiuyong SHI, former Judge and President of Ernst-Ulrich PETERSMANN, Emeritus Professor, Chongshi ZHU, President of Xiamen University, Secretary-General International Court of Justice European University Institute, Florence, Italy Xiamen, China t t Huiping CHEN, Professor of International Law, Nicolas Jan SCHRIJVER, Professor of Public Xiamen University, Xiamen, China International Law, Leiden University, Leiden, the Netherlands Co-president

Members Malcolm N. SHAW, Sir Robert Jennings Professor Huaqun ZENG, Director of International Economic of International Law, University of Leicester, Deputy Secretary-General Leicester, UK Law Institute, Xiamen University, Xiamen, China Jose Enrique ALVAREZ, Herbert and Rose Rubin Manjiao CHI, Professor of International Law, Xiamen Professor of International Law, New York University Renaud SORIEUL, Secretary-General, UNCITRAL, Yixin LIAO, Professor of International Law, Xiamen Law School,New York, USA Vienna, Austria University, Xiamen, China University, Xiamen, China An CHEN, Professor of International Economic Law, A.A. Cancado TRINDADE, Judge of International Binxin ZHANG, Associate Professor of International Xiamen University, Xiamen, China Court of Justice, The Hague, The Netherlands Law, Xiamen University, Xiamen, China Bin CHENG, Emeritus Professor of Air and Space Wilfrido V. VILLACORTA, Former Deputy Law, University of London, London, U.K. Secretary-General, ASEAN, Singapore

Chia-Jui CHENG, Professor of International Law, Huaqun ZENG, Director of International Economic Soochow University, Taipei, China Law Institute, Xiamen University, Xiamen, China

Jose Angelo ESTRELLA FARIA, Secretary-General, Chongshi ZHU, President of Xiamen University, UNIDROIT, Rome, Italy Xiamen, China

Herbert KRONKE, Dean, Faculty of Law, Heidelberg University,Heidelberg, Germany

Yixin LIAO, Professor of Law, Xiamen University, Xiamen, China

Vaughan LOWE, Chichele Professor of Public Secretary-General International Law, Oxford University,Oxford , U.K. Chia-Jui CHENG, Professor of International Law, Soochow University ; Visiting Professor of International Law, Xiamen University, Xiamen, China

The first Curatorium meeting of the Academy held in the Peace Palace, the Hague, Netherlands, on 12 July 2005 www.xiamenacademy.org

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The 2015 Summer Programme Lecturers

H. E. Judge Xue Hanqin 13 -31 July 2015 Xiamen,China Judge Xue Hanqin is a Judge of the International Court Lecturer Topic of Justice in The Hague. Before being appointed to this post in 2010, she served as member of the U.N. International Law Commission and Chairman of the Commission. She has also served as Director-General, Law and Treaty Department of the Ministry of Foreign H. E. Judge Hisashi Owada General Course of Public International Law Affairs of China, Ambassador of China to the Kingdom Judge, International Court of Justice of the Netherlands, Permanent Representative to the t Organization on the Prohibition of Chemical Weapons, l and Ambassador of China to ASEAN. She is also a member of the International Council of Arbitration for Sport. H. E. Judge Xue Hanqin Procedural Justice and Jurisdiction of the In the academic field, Judge Xue served as Judge, International Court of Justice International Court of Justice Vice-President and Council member of the Chinese Society of International Law and President of the Asian H. E. Judge Hisashi Owada Society of International Law. She is a member of the Curatorium of the Hague Academy of International Law, Judge Hisashi Owada is a Judge of the International Professor at Wuhan University School of Law, and a Court of Justice in The Hague and has served as its member of the Institut de Droit International. H. E. Judge James Crawford President. Before being appointed to this post in 2003, State Responsibility Judge, International Court of Justice he served as president of the Japan Institute of International Affairs, and professor of law and organization at Waseda University Graduate School in Japan. In the field of public service of Japan, Hisashi Owada has served as Vice Minister for Foreign Affairs, Prof. Ernst-Ulrich Petersmann Permanent Representative of Japan to the Organization Methodological Problems in for Economic Cooperation and Development in Paris, Emeritus Professor of International and International Economic Law and Adjudication and as Permanent Representative of Japan to the European law, European University Institute United Nations in New York. In the academic field, Hisashi Owada taught as professor of international law and organization at Tokyo University for 25 years since 1963, and at the law schools of Harvard University, Columbia University, H.E. Judge James Crawford and New York University, and is currently professor at Prof. Photini Pazartzis Leiden University. He is a member of the Institut de James Crawford AC, SC, FBA has been Whewell Professor Associate Professor of International Law, Arbitration in International Law: Continuity or Droit International. of International Law, University of Cambridge since 1992; Faculty of Law, University of Athenes; Revival he has also held chairs at Adelaide, Sydney and LaTrobe Member of the Human Rights Committee Universities in Australia and is Chang Jiang Distinguished Professor, Xi’an Jiaotong University, PRC. He was responsible for the ILC’s work on the International Criminal Court (1994) and for the second reading of the ILC Articles on State Responsibility (2001). In addition to scholarly work on statehood, investment Prof. Chia-Jui Cheng The Progressive Development of International law and international responsibility, he has appeared in Professor of International Law, Agricultural Law Through International some 100 cases before the International Court and other Soochow University School of Law (Taipei) Organizations international tribunals. In 2012, he was awarded the Hudson Medal by the American Society of International Law. He has been elected as Judge of the International Court of Justice and will start his term as of February (The schedule is subject to adjustment without prior notice.) 2015. www.xiamenacademy.org

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Lecturers Admission

Prof. Ernst-Ulrich, Petersmann

Prof. Dr. Ernst-Ulrich Petersmann is emeritus professor of international and European law at the European University Institute at Florence, Italy, and former head of its Law Department. He has taught at many universities in Europe, the USA and Asia and practiced General Information international law as legal advisor in the German Ministry of Economic Affairs, GATT and the WTO (1978- a l2014). He represented Germany in many European and 1. The closing date of the application for admission UN institutions, was secretary, member or chairman of is 30 April 2015. several GATT and WTO dispute settlement panels, and 2. Applicants to the Xiamen Academy should be: chaired the International Trade Law Committee of the International Law Association from 1999 to 2014. His (1) law students; or more than 250 publications include 30 monographs and (2) teachers, lawyers or officials, etc. with at least edited books as well as numerous articles on a bachelor degree; and International Law, European Law and comparative (3) fluent in English. Application Documents Checklist public law. Prof. Chia-Jui CHENG 3. The admission office of Xiamen Academy retains Checklist of the application documents (can be the right to require applicants to supply related Prof. Chia-Jui Cheng is an adjunct professor of submitted either by regular mail or via email): international law at Soochow University School of Law documents or certificates to show their 1. A registration form; (Taipei). He joined diplomatic service and practice with qualification or competency. 2. Two letters of recommendation from two professors Cheng's law firm before joining the Graduate School of 4. Admissions are granted on a basis of academic Law and School of Law of Soochow University (as dean of international law (in a sealed envelope, signed criteria and first-come-first-served basis. All from 1990 to 2008). He has been the Secretary-General onthereverse;orsentbytherefereedirectlyto applicants are required to fill out the registration of the Curatorium, Xiamen Academy of International the Academy if via email); Law since 2005 and the Secretary-General of the form (available on the Academy's website) 3. A curriculum vitae; Curatorium, Asian Academy of Comparative Law since clearly and completely, with accurate and 4. A certified copy of your examination certificates 2013. He is also the President, a.h., Chinese Society of truthful information. Prof. Photini Pazartzis Comparative Law; President, Asian Institute of or list of the courses that you have followed in International Air and Space Law; Members of ILA and IISL. international law(private and public) , with the Photini Pazartzis is Associate Professor of International He has taught at academic institutions worldwide. Law at the Faculty of Law of the University of Athenes. number of hours and your results, issued by your During the last five years, he taught respectively at the Other Information She has been Visiting Fellow at the Lauterpacht Centre university(or scanned copy if sent via email) . If Cornell Law School, Yale Law School, Kyushu University, for International Law of the University of Cambridge this is not possible, draw up by yourself and certify (1998), Visiting Professor at the Universities of , Bonn University, City University of 1. Visa Application: attendees shall bear the costs Bordeaux, Paris-I, Paris-II (Institut des Hautes Etudes Hong Kong Law School, Macau University, National for obtaining a China entry visa. Xiamen Academy on your honour; and Internationales), Director of Studies at the Hague Gujarat Law University, Delhi University, and others. He may provide necessary assistance to facilitate the 5. An application for scholarship and supporting Academy of International Law (French section, 2003) has published widely in Chinese, English, French, and attendees' visa application. documents(in scanned copy if sent via email) , if and has lectured in various universities and institutions. Greek. She is President of the Hellenic Branch of the 2. If applicants would like to apply for scholarship, applicable. International Law Association (since 2002). please make clear the type of scholarship you Member, Greek Delegation to the Sixth Committee of the United Nations General Assembly (1999-2007), intend to apply in the application documents. Member of the Hellenic National Committee for the 3. Attendees are responsible for their accommodation Implementation of International Humanitarian Law, in Xiamen. If possible, Xiamen Academy will Member of the Hellenic Council on Citizenship, Member provide relevant information. of the OSCE Court of Conciliation and Arbitration (since 2013). She was recently elected Member of the Human 4. If there is anything unclear, please feel free to Rights Committee ICCPR (as of January 2015). Her fields contact us. of interest include settlement of disputes, international judicial institutions and procedures, international criminal law. www.xiamenacademy.org

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Registration Fee Scholarship

Registration fee for 2015 Types and Eligibility for Summer Programme (3 weeks) Scholarships

For Chinese attendees, including attendees from 1. Subject to the Regulations for Obtaining Chinese Mainland, Hong Kong SAR, Macau SAR and Scholarships, Xiamen Academy provides limited Chinese Taipei: number of scholarships to qualified applicants on (1) University Students: RMB 1,000; or a selective basis. (2) University Teachers: RMB 2,000; or (3) Others: RMB 3,000. 2. Xiamen Academy offers two types of scholarships: 2.1. A-type scholarship includes: For Non-Chinese attendees: USD 600. (1) Full exemption of the registration fee; (2) A certain sum of subsidy for the trip to and from * Please note that the registration fee covers test fee the recipient's city to Xiamen: and course materials, but does not cover any other a. USD 400 for recipients from Asian countries expenses including but not limited to accommodation, (excluding recipients from China), or transport, etc. b. USD 600 for recipients from non-Asian countries, * For Non-Chinese attendees, payment must be made or once the attendee receives the notice of admission c. Full reimbursement to round-trip hard-seat train via email. Upon receiving the payment, Xiamen tickets for recipients from Mainland China, or Academy will issue the formal admission letter. d. Reimbursement to travel expenses up to USD 200 For Attendees from China: for recipients from Hong Kong SAR, Macau SAR and Chinese Taipei. 2.2. B-type scholarship includes full exemption of 4. Scholarships are granted on the considerations of Please make the payment in RMB on the registration the registration fee. academic performance, financial status of For Attendees from Outside China, date at Xiamen. applicants and the country of origin, among other please pay to: 3. The scholarships will be awarded to the recipients factors. during the period of summer programme. However, Beneficiary's name: Xiamen University failure to finish the programme or unexcused 5. Application for scholarship shall be submitted in Beneficiary's bank: Bank of China Xiamen Branch absenteeism from the course will result in the a separate typewritten document indicating the Beneficiary's A/C No.: 4286 5838 1176 forfeiture of the scholarship in full, requiring a full type of scholarship, together with supporting Remittance route (swift): BKCHCNBJ73A refund of the scholarship by the disqualified documents. Please indicate “Registration fee for Xiamen recipient. Academy” on the remittance note. www.xiamenacademy.org

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Scholarship Registration Form Regulations Registration Form for Xiamen Academy of International Law The 2015 Summer Programme

Family Name

First Name Gender Regulations for Obtaining Nationality Scholarships Passport No./ ID Card No.

Date of Birth (date-month-year) Article 1 Article 5 Country of Birth Each year, Xiamen Academy makes available a The Curatorium's decisions will be notified to the programme of scholarships which are awarded on persons concerned during the month of May. Residing State the considerations of academic performance, Marital Status financial status and the types of country of origin, Article 6 Health condition among other factors. The amount of the scholarship is paid by the Phone Academy to each recipient during the period of Article 2 summer programme. Fax Recipients of scholarship must undertake to comply Email strictly with the provisions of these regulations Article 7 concerning their obligations, in the event their Recipients of scholarship must attend the Academy's application is accepted by the Curatorium. None of courses throughout the session. the documents supplied by candidates in support of Mailing Address a scholarship application will be returned. As a Article 8 result, university certificates must be provided in Any failure by a scholarship recipient to comply the form of certified copies. with the obligations laid down by these regulations Native Language will result in the withdrawal of the scholarship; Other Spoken Language(s) Article 3 moreover, the Academy reserves the right to Profession Application for scholarship must be typewritten demand the reimbursement of sums already paid to Years of Law Studies Completed and accompanied by supporting documents, and the recipient. must be received by the Secretariat, not later than 31 April 2015. University Graduated (list all)

Article 4 The Curatorium examines all applications received Other Law-related Training or before the deadline. It establishes a list of the Working Experience recipients of scholarship; and it is in no way bound by any recommendation that it receives.

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Letter of Recommendation

To Applicant: Contact Applicant should have a letter of recommendation submitted from the professor or others who can assess the quality of his/her academic performance, capability and Persons potential of research. Please ask to have the letter sent directly to Xiamen Academy of International Law or returned to you with the envelope sealed. This section to be filled in by the applicant

Name of Applicant: Xiamen Academy of International Law Telephone Number:

Add: 422 Siming South Road, Xiamen Mailing Address: Fujian Province, 361005, P.R.C.

：422 

Contact Person: Dr. Huang Zhang Tel.: +86-592-218-6468 Fax: +86-592-218-3152 CEmail: [email protected] To the Referee: You are named by the applicant as a referee for his/her application to Xiamen Academy of International Law. We would appreciate your opinion of his/her academic performance, capability and potential of research work. Please send this form together with your letter of recommendation directly to Xiamen Academy of www.xiamenacademy.org International Law or return it to the applicant with the envelope sealed.

The following to be filled in by the referee

Name of Referee:

Position and Title:

Relationship with the Applicant:

Telephone Number:

Facsimile:

Institution and Address: