Public International Law Notes

Convention on the Establishment of the International Organization for Mediation signed in Hong Kong

MAINLAND CHINA, HONG KONG AND MACAU TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY

The PRC has passed a new Foreign State Immunity Law which will apply the "restrictive" approach to foreign state immunity with effect from 1 January …

UN business and human rights treaty negotiations continue: one step forward, two steps back?

UPDATES ON POTENTIAL EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT (WITH A FOCUS ON INVESTMENT PROTECTION AND ISDS) – NEW WINE IN NEW BOTTLES?

ICSID issues first award involving China as Respondent, finding in host state's favour

In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as …

Hong Kong’s top court clarifies mental element in money laundering offence

In the recent case of HKSAR v Pang Hung Fai (FACC 8/2013), the Court of Final Appeal (the CFA) offered, for the first time, authoritative guidance on the …

PCA–Hong Kong Host Country Agreement anticipates increase in disputes involving States in Asia

At a ceremony in Beijing on 4 January 2015, representatives of the Permanent Court of Arbitration (PCA) and the Central Government of the People's …

Australia and China conclude free trade agreement

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade …

China sued by South Korean property developer at ICSID

This week, a South Korean property developer ("Ansung")  became the second ever investor to request ICSID arbitration against the People's Republic …

Sovereignty over Islands and Consequences for Maritime Boundaries: The Dispute over Senkaku/Diaoyu/Diaoyutai Islands

The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities.  Demonstrators took to the streets apparently in response to …

China-Taiwan Bilateral Investment Protection Agreement: dispute resolution mechanisms exclude international arbitration

On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed the Cross-strait Bilateral Investment Protection and …

Privy Council rules on the liability of State-owned corporations for debts of the State

On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des …